service connection for sleep apnea is grantedservice connection for sleep apnea is granted

Jason Perkins, was my lawyer in a workers comp. They are ALL experiencing a Perfect Storm of Sleep Apnea problems: breathing disorders, mental health conditions, heart conditions and diabetes are all causing an epidemic of Sleep Apnea in our Vietnam Veterans. A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness; Once service connection is awarded, sleep apnea is then rated under 38 CFR 4.97, Diagnostic Code 6847 - Sleep Apnea Syndromes (obstructive, central, mixed). When filing a VAclaim for CFS, the Department of Veterans Affairs has to see the onset of this fatigue is severe enough to reduce your routine daily activities to less than 50%, your medical history, and several symptoms that indicate CFS. Your airway narrows and closes, leading to pauses in the breathing cycle. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. As this represents a total grant . lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Sounds easy enough, right? Worsening of symptoms after activities. % * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. The VA uses two options for rating most sleep apnea claims. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 See our tips on how to obtain a credible nexus letter, Both sinusitis and rhinitis are linked to sleep apnea, Emerging research indicates a strong association between PTSD and sleep apnea, You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Disrupted breathing in which a persons respiration can become labored or even stop for up to a minute at a time, Limited attention span or difficulty thinking clearly, Snoring, including snoring that is especially loud and involves gasping, choking, or snorting that may cause a person to briefly wake up, #1. As a fellow disabled Veteran this is shameful and Im on a mission to change it. I can teach you how to do that. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) 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. If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. How to Get a 100 Percent VA Rating (if deserved)! 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. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Ann Margaret really took the time to explain things to me. Want More Information about VA Sleep Apnea? 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. And that means you are going to have to think through your sleep apnea claim. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. How you mix them is the hard part. Take advantage of a FREE VA Claim Discovery Call. A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. In order to help you with your secondary claim, we have put together this Insiders Guide! * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. (The Insiders Guide), Insider Tips: How to Schedule a Sleep Study with the VA. How to File a Claim on VA.gov (step-by-step)! Excessive daytime sleepiness is the most noticeable signal for those who live alone. 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. 2020 Strategic Veteran All Rights Reserved. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. It's almost as much work - and it can often take as much dedication. See id. Below is the schedule for rating . 7 0 obj 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. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. I dont know if Im authorize a second run at the DRO or go straight to BVA. If your situation is not like the one above, remember that this is only oneof the ways you may be able to win VA disability for sleep apnea. Any advice on getting sleep apnea service connected? HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( While proving service-connection for sleep apnea claim accepted is no longer as difficult as it once was, it still is wise to not take your chances and get it right the first time. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. Once you are clear on the type of apnea, you should talk with your doctor further about what he or she thinks is the primary cause for it. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Chris, thank you for the posts and training videos you are providing to veterans. You're not alone. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! Also sinusitis, rhinitis, hypertension. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process. Required fields are marked *. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. This is what is called the Nexus. * WHAT evidencetouseandwhich path to Service Connectionto use. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Learn more about us, Veterans Disability Claim ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. 2023-03-04T21:20:56-05:00 Weve supported more than 15,000 veterans to win their claims and increase their ratings. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. You can lose your arms and legs and still survive. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm This may be 20 or 30 years after the problems started. Battle of DUAL-EXPERTS Chris, you called it!!! Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Otherwise, I would properly ended up in mental health facility or going insane!!! Weight gain can be tied to several different conditions. If you are hurt at work, this is the firm you want on YOUR side. You are going to have to get a LOT of 5-Star Evidence. If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. * A good Lay and Medical presentation and assessment of the sleep apnea symptoms you have had from service, or service-discharge, to the present day. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. I recd another denial (3rd) Jun 30, 2017. My expert agreed to write a rebuttal opinion to the VAs expert. You only need to establish that your sleep apnea is at least as likely as not: A nexus letter is an evidence-based document prepared by a medical professional that helps to establish a connection between the veterans current disability and either military service (for direct service connection) or another rated disability (for secondary service connection). Why? Everyone I came in contact with there was very nice. 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. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. Estimate your 2023 VA Rating & Compensation for FREE! Board of Veterans' Appeals PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. They were at all times attentive and on top of my case. Hence, the weight gain. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! Your voice is important especially when it comes to your own health care. In April 2013, the RO reopened the sleep apnea claim, but denied service connection, and found no new and material evidence sufficient to reopen the tinnitus claim. While we still have our home base in Florida, Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. Its an essential piece of evidence. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. * How the VA willrate your sleep apnea condition after granting Service Connection. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Service-Connected Sleep Apnea VA Claim | Strategic Veteran For doing an awesome job. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. There are three types, obstructive, central, and mixed. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r Tender lymph nodes usually in the neck and underarms. You will need strong lay evidence that establishes what symptoms you were having in service loud snoring, apneas (stopped breathing) followed by gasps for oxygen, dry mouth upon waking, daytime fatigue, etc. 38 0 obj <> endobj Second example.lets say the veteran has service connection for PTSD. The VA classifies Sleep Apnea as a disability for which compensation is granted. That said, the key here is making the connection from service to diagnosis. It is the only thing that kept in the fight and especially it keeps sane and focus. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. Nexus is simply a connection or series of connections linking two or more things. I read hundreds of cases. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. Your email address will not be published. This is where I come in. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Yi-bR :z>r6iFR We can helpreach out so we can show you how. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 However, this has been thoroughly disproven. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. Contact Us This is a great group of people who really care about your well being. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. about the threat of COVID-19 And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . without his BI-PAP MACHINE,one up from CPAP,which i have. yet assertive representation for our clients. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. *To prove your Sleep Apnea is service connected without a sleep study in the military? But remember the ultimate goal to win your VA disability compensation claim. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. I am service connected for chronic sinusitis with a 30% rating. 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. 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. Hot Dogs for Heroes 4th of July Event This Thursday! Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. Even as Veterans Claims for Sleep Apnea soar, it is clear that theVA DOES NOT understand the full scope of how sleep apnea occurs, medically or factually. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. . Was your obstructive sleep apnea (OSA) VA claim denied? See our article Burn Pit Presumptive Conditions. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices In the year thatI spent researching theSleep ApneaField Manual, I learned that there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library Winning a VA Sleep Apnea is much harder. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. Physical therapy can be given to help maintain and improve mobility. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Therefore you should be well prepared before submitting your claim. I did not have a va physical until about 13 years after seperation from service. Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of.. z`tsd#Ex>@"A"M@+5;$ If you have sleep apnea and sinusitis/rhinitis, your next step would be to get a doctors medical opinion supporting that your service-connected sinusitis/rhinitis caused or aggravates your sleep apnea. 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. 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. Because of this all veterans hoping to receive a disability compensation rating from the VA should take the responsibility of connecting the dots for the claim themselves. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. Youll need to make the call on direct service connection versus secondary service connection. Therefore, a well-crafted nexus letter for sleep apnea is the single most crucial document a veteran can provide the VA adjudicator to help prove service connection on an at least as likely as not basis. She has always had a passion for helping others and found inspiration from those she cared for. Favorable BVA Case Law Precedent Example #2: From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. I talked to several doctors and sleep experts. 203, San Jose, CA 95134 Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. How to Get a 100 Percent VA Rating (if deserved)! Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Dear Mr Attig: In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. If you need assistance in appealing your claim for CFS,let us know here! VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. This is described as being foggy by patients. His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. Youre arent alone. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Veterans can also prove service connection for sleep apnea by showing that their sleep apnea began in service using service medical records, or by providing a nexus opinion from a medical professional that links their current diagnosis of sleep apnea to signs or symptoms they experienced in service. Honestly, they are just saying it. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). I have a diagnosis and a CPAPwhy arent they granting my claim?. The first requirement which must be met to satisfy the VA is a sleep study. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Local Wounded Veterans Gifted with Opportunities to Go Fishing. You DESERVE a HIGHER VA rating.WE CAN HELP. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. You will then need an expert medical opinion that shows these symptoms back then in service were probably sleep apnea even though you had not been diagnosed at the time. A noticeable sign of obstructive sleep apnea is snoring. While youmay have been a loud snorer or had other sleep difficulties in service that are normally associated with sleep apnea, if you are like most service members you probablydid not undergo a sleep study and get a formal diagnosis before your discharge from service. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> 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. When I turned my case over to Jason things turned around, QUICK. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. In recent years this trend has begun to turn around, but it is still one of the more difficult conditions to win a disability compensation claim for. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Required fields are marked *. Here are a few examples of how Sleep Apnea has affected Veterans from all different eras of service: * Don D. (he asked me not to use his real name) served mostly during the Cold War was in the best physical shape of his life he was an avid weight-lifter. I have sleep apnea and emphysema. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. I only have 50 days to file NOD, or file a BVA appeal within 1 year. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). The BEST Path to Proving Sleep Apnea is Service Connected. and Coronavirus. This is in order to be officially diagnosed. Direct service connection for sleep apnea may be granted for veterans who can show that their sleep apnea began in service using service medical records, and by providing a nexus opinion from a qualified medical professional that links sleep apnea to events or exposures in service. When Daniel laid it out and told me almost specifically, "Here's your timeline, here's how you do it, "here's what you do, here's what you need, "here are the things that you need," that sealed the deal. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. Were Veterans, just like you, whove learned how to navigate within the VA system. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. I got so many questions that I began to do a lot of research into how to service connect Sleep Apnea claims and what is happening with Sleep Apnea in the Veterans community. NOW ITS YOUR TURN. application/pdf I understand you want your VA claim to be done as quickly as possible. The question raised in this case is whether this "intermediate step" is limited to . New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 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. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). %PDF-1.4 % We offer free resources and expertise to empower all Veterans. All Rights Reserved. 38 U.S.C.A. 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 learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. That's what Veteran Lee G. did - Lee's VA claim changed when he read my Sleep Apnea book: "Chris gave me the knowledge to file a claim for Sleep Apnea. We are sorry that this post was not as useful for you! uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 I have also had a stroke. 8 0 obj This may be even easier for you now because of a new VA new rule as of August 2, 2021.
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