* WHAT evidencetouseandwhich path to Service Connectionto use. If there is a way for us to improve our claims to get more granted for Vets with "GWI", rest assured, you will find it on the Veterans Law Blog. Scenario 1: Diagnosis of Sleep Apnea First Occurs a Long Time after Service, with no evidence of sleep-breathing problems in the Military Service, or Military Medical, records. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. Youre arent alone. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! And you are going to have to presentit neatly andpersuasivelyto the VA. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r San Jose, CA: 2880 Zanker Road, Ste. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 However, most of the time, sleep apnea is a secondary claim. Symptoms can become worse with exertion by either physical or mental activity, such as going shopping and having to take a nap in the car before driving home, or staying on task at work and needing the evenings and weekends to recover, taking a shower and becoming bed bound for a couple of days afterward. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. I was diagnosed with OSA 10 years after separation. % As youve seen, claims for obstructive sleep apnea can be trickyyet important to pursue if youre suffering from this disability, so you can get the benefits you deserve and care you need. Worsening of symptoms after activities. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. It only took three months. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. I have a diagnosis and a CPAPwhy arent they granting my claim?. I have had cardiomegly X-rays while on active duty. I recommend Perkins Law Firm. * What if it wasnt diagnosed until years after service can I service connect it then? sleep apnea is not the kind of disability associated with a wounded warrior. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Were Veterans, just like you, whove learned how to navigate within the VA system. There are three components to proving direct service connection for any VA disability claim: For the legal principles of direct service connection, see 38 CFR 3.303. I am also service connected for chronic bronchitis with a rating of 0 %. First of all, lets explore a little about this common disability in veterans, so you understand the condition and why its important you pursue your claim and get the benefits you deserve. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you. However, there are more causes of Cardiomegaly than sleep apnea, so you will want a doctors medical opinoino as to whether your Cardiomegaly is related to a chronic sleep breathing disorder, or has some other origin. Also sinusitis, rhinitis, hypertension. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. There is evidence of sleep breathing problems in-service, in the Veterans service medical records, or lay evidence of these problems during the period of military service, but no diagnosis of Sleep Apnea in-service. The best way to receive a VA disability compensation rating for sleep apnea is to provide the following information along with your claim: While the VA has begun to show a greater understanding of sleep apnea in veterans, the hard truth is that the VA has still not proven itself to accept the full range of how sleep apnea can manifest. Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2016 - VeteransLawBlog.org - All Rights Reserved | Terms & Conditions | Legal Disclaimer, The Veterans Law Blog is NOT a law firm. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Like researchers that have been searching for the Holy Grail the harder they look, the less they find. The problem is that many disabilities that arise in service are not actually diagnosed in service. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. Veterans whoare looking for the easy way to get sleep apnea service-connected will not find it in my opinion, there is no such thing. In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. Chills and night sweats as well as low-grade fevers. All Rights Reserved. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. When I turned my case over to Jason things turned around, QUICK. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. 203, San Jose, CA 95134 3 Steps to Veteran Disability Benefits for Sleep Apnea, 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD, 3 Ways to Get a VA Rating for Insomnia (The Insiders Guide). caused or made worse by your active duty military service OR. If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! Everyone I came in contact with there was very nice. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. We offer free resources and expertise to empower all Veterans. fight to get their sleep apnea service-connected. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! 7 0 obj How to Hire an Attorney For Your VA Claim or Appeal. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. Required fields are marked *. Of course, I dont give legal advice on the Veterans Law Blog. And that means you are going to have to think through your sleep apnea claim. Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim (FDC)so you can increase your rating faster! Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. Jason Perkins, was my lawyer in a workers comp. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. This is what is called the Nexus. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. While an OSA disability claim secondary to sinusitis/rhinitis is an easier path, veterans who are service-connected for PTSD (or other mental health conditions) are eligible for secondary service connection for their sleep apnea, and its possible to achieve an OSA disability claim secondary to PTSD with the right strategy and credible medical evidence. I awake countless time at night due to this. In our experience, if you did NOT have a sleep study while on active duty and you did not get a medical diagnosis of sleep apnea in the military, you should only attempt to service-connect your sleep apnea VA claim SECONDARY to another service-connected disability. For example, if a veteran has service connection for diabetes caused by agent orange and it is a well known fact that diabetes can cause sleep apnea, then you should be able to add it to the claim. Hot Dogs for Heroes 4th of July Event This Thursday! How you mix them is the hard part. Here are a few examples of how Sleep Apnea has affected Veterans from all different eras of service: * Don D. (he asked me not to use his real name) served mostly during the Cold War was in the best physical shape of his life he was an avid weight-lifter. Thats $901.83 a month. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. There are three primary ways for veterans to get a sleep study: Once youve finished your sleep study, its important to review your results with a sleep specialist to confirm whether you have a medical diagnosis of sleep apnea. This is where I come in. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 2017-05-30T18:09:36-04:00 Source: Department of Veteran Affairs Regional Office New Orleans, LA. In this article, well help you understand the top 5 reasons OSA claims are deniedand even better, what to do about it if youve received a denial for your OSA claim. If you continue to use this site we will assume that you are happy with it. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Sounds easy enough, right? I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. How can you learn more about these things? FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. Learn more about us, Veterans Disability Claim Also, to check for the cause of fatigue a doctor may do physical examinations such as an exercise stress test to check on the function of the heart and lungs. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. In my book Put it to Rest! Sleep apnea can be your link or nexus for filing claims for: Sleep apnea is a high-value claim in the VA world of ratings. As the patient, this can be a stressful time, which is why it is so important to tell your doctor all the symptoms you have even if they seem silly or strange. I also have central and obstructive sleep apnea which has been denied service connection. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. I believe that the VA and BVA do not take Sleep Apnea seriously. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? You're not alone. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. These pauses can happen several times an hour when the apnea is severe. Thanks to additions to the VA presumptive list, you may be able to presumptively service-connect rhinitis, sinusitis, rhinosinusitis or asthma if you served in particular theaters during specified time periods. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c The examiner noted that a major cause of sleep apnea was weight gain and that the veteran weighed 155 pounds in service and 255 pounds in March 2013. My expert agreed to write a rebuttal opinion to the VAs expert. Do You Owe Your Severance Pay Back to the VA? Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. Ill also show you: * The problem with your particular type of Sleep Apnea from the VAs perspective, * The Key Question to be resolved in EACH scenario, * Solutions to the Most Common Errors in Sleep Apnea claims. Proving Service-Connection for Sleep Apnea. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2016 - VeteransLawBlog.org - All Rights Reserved | Terms & Conditions | Legal Disclaimer, The Veterans Law Blog is NOT a law firm. However, if you use one, it does provide you with a higher rating. * Can Agent Orange cause Sleep Apnea? These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. They think of Sleep Apnea as a disease of the obese, and then they tell them one of the big Fairy Tales about VA Claims. Without a CPAP machine, the VA assigns a 30% rating. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. No current sleep study within the last 12 months, #2. A noticeable sign of obstructive sleep apnea is snoring. Another theory is a hormonal imbalance because elevated hormones are seen in the blood work of those who have CFS, but the importance of this is unknown as well. My sleep apnea is worsened when I lie on my back and I still have loss of breath. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. Kim was very helpful and any time I had a question she made sure I got an answer. It's almost as much work - and it can often take as much dedication. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. This is in order to be officially diagnosed. I tried going it alone and the insurance carrier pushed me around. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Both sinusitis and rhinitis are linked to sleep apnea. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. Its an essential piece of evidence. The VA classifies Sleep Apnea as a disability for which compensation is granted. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. It is the only thing that kept in the fight and especially it keeps sane and focus. The transmission of an email request for information does not create an attorney client relationship. Since that time, we have provided compassionate Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. %PDF-1.4 % Why? I talked to several doctors and sleep experts. There are certain chronic diseases that a veteran may be presumptively entitled to if the disease manifests to a certain degree within a specified timeframe after the veterans period of, In todays society, hypertension is a common diagnosis for most veterans. Service connection on a secondary basis requires evidence of aggravation or causation.This requires that the secondary disability be shown to be proximately due to or proximately aggravated by another service-connected disability. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. Chris, thank you for the posts and training videos you are providing to veterans. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). Studies have shown that it is morecommon for Gulf War Veteransin the Southwest Asia theater compared to non-Gulf War Veterans to develop CFS, but the reason for this remains unknown. If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. We would be happy to talk to you. Dont make the mistake so many other veterans have.