YEP!!! Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Theres lots of literature available to back it up. She has always had a passion for helping others and found inspiration from those she cared for. However, most of the time, sleep apnea is a secondary claim. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . CFS is also known asSystemic Exertion Intolerance Disease (SEID)and Myalgic Encephalomyelitis (ME) is characterized by extreme fatigue without explanation from any other underlying condition. fight to get their sleep apnea service-connected. How to Hire an Attorney For Your VA Claim or Appeal. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. I want you to think about the BEST path to proving that sleep apnea is service connected, and the BESTway to get the VA sleep apnea disability rating you are entitled to. The rate was a staggering 22%. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. See R. at 8-9. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. I understand you want your VA claim to be done as quickly as possible. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney. How to Hire an Attorney For Your VA Claim or Appeal. Board of Veterans' Appeals I told you at the beginning I wantto change your thinking. . As a matter of fact, it may be easier to substantiate with medical records that the sleep apnea symptoms started after the diagnosis of diabetes. The polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. about the threat of COVID-19 If that is similar to your situation, how do you show that link (nexus) between what was going on with you during service and the actual diagnosis of obstructive sleep apnea you now have? I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. 0 8 0 obj That said, the key here is making the connection from service to diagnosis. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Here are the ingredients to a properlydeveloped claim for sleep apnea: *A solid foundation of Lay and Medical Evidence showing when sleep apnea first began to present in the Veterans life. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. Please call for an appointment before visiting: Mail Processing Center: P.O. VA Disability Ratings for Sleep Disturbances | CCK Law Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. 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. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. NOT GOING TO GIVE UP, I filed a FOIA for a copy VA experts opinion in preparation for another NOD, this time Im requesting a formal face to face meeting with DRO. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. This is a great group of people who really care about your well being. All Rights Reserved. And you are going to have to presentit neatly andpersuasivelyto the VA. VA Disability for Sleep Apnea: Proving Service Connection But most veterans are not service-connected for this sinus condition. Save my name, email, and website in this browser for the next time I comment. Thousands of other Veterans in our Community are here for you. BVA Decision I think that far too many raters and BVA judges think of sleep apnea as made up medicine. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Need help claiming this crucial part of your claim? How to Get a 100 Percent VA Rating (if deserved)! I recd another denial (3rd) Jun 30, 2017. The most important thing to keep in mind is that, no matter what the VA may tell you, the law does allow for VA disability for sleep apnea. Weve supported more than 15,000 veterans to win their claims and increase their ratings. Thousands of other Veterans in our Community are here for you. Its one thing to give you the ingredients for a chocolate cake. His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! Medical opinions will be CRUCIAL, as these are not NECESSARY connections. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. Anxiety and depression can interfere with sleep patterns. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Veterans Benefits Network-Sleep Apnea secondary to Service Connected Cognitive training is important to be able to talk to someone about CFS and its limiting factors on life, and how to cope on a daily basis. A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. 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. A medical opinion will be necessary to show these causative connection, and you will want to first service connect the sinusitis, and then argue that the OSA is secondary or argue that the OSA is secondary to the bronchitis. 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. FREE tips for veterans to stay protected, calm and informed Some people have developed CFS after having a viral infection like Epstein Barr virus, Herpes virus 6, and mouse leukemia virus, but there has been no conclusive evidence. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Instead, the leading cause of sleep apnea is weight gain. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Lets begin today's post with the Bottom Line Up Front (BLUF): It is HARD to get service connected for Sleep Apnea secondary to Depression. I did not have a va physical until about 13 years after seperation from service. This field is for validation purposes and should be left unchanged. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. I also have central and obstructive sleep apnea which has been denied service connection. This is described as being foggy by patients. Make sure to have your sleep study done. Sounds easy enough, right? They were at all times attentive and on top of my case. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. We can helpreach out so we can show you how. <>stream Not presumptively. We see that quite often with sleep apnea claims. we represent clients nationwide. We cant possibly cover each of those and the ways to service connect all of them in this one article. See id. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. Do I Need a CPAP Machine to be Service-Connected? Winning a VA Sleep Apnea is much harder. yet assertive representation for our clients. Most Veterans are not proving sleep apnea is service connected. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. For instance, if you complain of being tired all the time your doctor may order blood tests to check for anemia, diabetes, and hypothyroidism all of which cause fatigue. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Were Veterans, just like you, whove learned how to navigate within the VA system. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p 56 0 obj <>/Filter/FlateDecode/ID[<729BA82B1983FD4B95AA1B8BF2E87A7F>]/Index[38 30]/Info 37 0 R/Length 93/Prev 108595/Root 39 0 R/Size 68/Type/XRef/W[1 3 1]>>stream This is in order to be officially diagnosed. 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! presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. 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. Without a CPAP machine, the VA assigns a 30% rating. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. A noticeable sign of obstructive sleep apnea is snoring. NOW ITS YOUR TURN. I filed NOD in early 2017 request an informal DRO. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! I believe that the VA and BVA do not take Sleep Apnea seriously. If you use a CPAP machine, then this should warrant a 50% rating. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. I believe the two are connected. 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. Youre welcome, Sam! Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Or perhaps when they realize that Sleep Apnea is going to be as big an issue for our current generation of Veterans asAgent Orange related conditions are to Vietnam Veterans, they will take it seriously. Since there is no cure for CFS the treatment focuses on relief of the symptoms. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r Veterans with CPAP machines have often fallen into the trap of believing that their use of the CPAP will be enough to qualify their claim with the VA. Source: Department of Veteran Affairs Regional Office New Orleans, LA. Your email address will not be published. I can teach you how to do that. Physical therapy can be given to help maintain and improve mobility. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. Thanks for your concern and the blog. Whats the VAs Problem with Sleep Apnea? Like researchers that have been searching for the Holy Grail the harder they look, the less they find. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( VA initially denied (1ST) my SA claim in 2014, I became a premium member in 2015 and followed your training guides step by step, medical expert opinion, 10 sworn declaration statements by family members, co-workers in service and post-service. Winning a VA claim to service connect sleep apnea is hard. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. 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. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. As a fellow disabled Veteran this is shameful and Im on a mission to change it. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. You cut off oxygen to the brain and blood, and other body systems break down. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. sleep apnea is not the kind of disability associated with a wounded warrior. Secondary Service Connection endobj Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. I met with my expert who offered opinion on my behalf and she was amazed by the decision, but not surprise by the level in which the VA are denying veterans SP claims. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. But if your body cannot get sleep, you will die. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. 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 Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. 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. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Your voice is important especially when it comes to your own health care. 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Need a C&P exam for sleep apnea secondary to PTSD? For instance, often sleep apnea presents itself in those who have been suffering from PTSD. I got a 50% rating. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! % I have sleep apnea and emphysema. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! Allergies or sensitivities to foods, odors, chemicals, or noise. Any advice on getting sleep apnea service connected? Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. 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. VA Claims insider is an education-based coaching/consulting company. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream You're not alone. 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.
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