How to Hire an Attorney For Your VA Claim or Appeal. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. You are going to have to think through your case as objectively as you possibly can. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. 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. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. 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. entitlement to service connection for nerve damage to the bilateral lower extremities, to include as due to Gulf War illness, and, if so, whether the claim should be granted. Copyright 2023 VA Claims Insider, LLC. 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? Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 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. He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. 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. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Can I Get a VA Rating for Sleep Apnea Secondary to Depression? Save my name, email, and website in this browser for the next time I comment. OSA is a common denial veterans receive when pursuing a VA claim, but it doesnt have to beif you understand the condition and what your claim must include in order to be successful. The rate was a staggering 22%. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. Chills and night sweats as well as low-grade fevers. put your Sleep Apnea Claim together right. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Chris, thank you for the posts and training videos you are providing to veterans. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c To find the definitive guide for service-connection for sleep apnea, check it out here. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. There are three types, obstructive, central, and mixed. Service connection on a secondary basis requires evidence of aggravation or causation.This requires that the secondary disability be shown to be proximately due to or proximately aggravated by another service-connected disability. Youll need to make the call on direct service connection versus secondary service connection. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( And you are going to have to presentit neatly andpersuasivelyto the VA. sleep apnea is not the kind of disability associated with a wounded warrior. I am service connected for chronic sinusitis with a 30% rating. Kim was very helpful and any time I had a question she made sure I got an answer. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. The most trusted name in education-based resources for Veterans. Even without a definitive cause of the disorder there are noted risk factors including being between the ages of 40-50, difficulty managing stress, and women are more commonly diagnosed (possibly because they report symptoms more often). Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 BVA Decision Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Why? The VA classifies Sleep Apnea as a disability for which compensation is granted. 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. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Since there is no cure for CFS the treatment focuses on relief of the symptoms. I can teach you how to do that. While we still have our home base in Florida, Without a CPAP machine, the VA assigns a 30% rating. 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). FREE tips for Veterans to stay Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters. Yi-bR :z>r6iFR If you need assistance in appealing your claim for CFS,let us know here! I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Viet Nam Vet. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. I talked to several doctors and sleep experts. Did the VA Benefit of the Doubt Rule just disappear? * WHAT evidencetouseandwhich path to Service Connectionto use. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Contact Us Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. When filing a VA disability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. One of the most straightforward ways to achieve service connection of a particular disease or disability is to show that you had that disease or disability while in service. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. 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. It only took three months. 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 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. I have sleep apnea and emphysema. San Jose, CA: 2880 Zanker Road, Ste. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. All Rights Reserved. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 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. 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. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Heres what I mean in BVA decision after BVA decision, I saw examples ofVeterans that take a look at the VA Ratings Tables, see that they can get a 50%VArating for sleep apnea with CPAP. Its an essential piece of evidence. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. How to Hire an Attorney For Your VA Claim or Appeal. The BEST Path to Proving Sleep Apnea is Service Connected. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 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. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. Winning a VA Sleep Apnea is much harder. without his BI-PAP MACHINE,one up from CPAP,which i have. A nexus letter is often the missing link in a VA claim. I am also service connected for chronic bronchitis with a rating of 0 %. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea, result of other disorders or medical conditions, Sleep Apnea is going to be as big an issue for our current generation of Veterans. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Some of the most common symptoms of sleep apnea include: People who suffer from sleep apnea are often unaware of the breathing disturbances, finding out about them from a bed partner or roommate. See you on the inside! 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. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Allergies or sensitivities to foods, odors, chemicals, or noise. Even if yours is obstructive sleep apnea like we discussed here, there are still other ways to service connection other than proving you had sleep apnea in service. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. * Can Agent Orange cause Sleep Apnea? 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. Instead, lets focus on one type of sleep apnea claim our firm has recently worked on to illustrate just oneof the ways to prove service connection of obstructive sleep apnea. Its an entirely different thing to mix those ingredients so that they turn into a cake. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. My emphysema is connected. * The importance ofamedical expert opinion in your Sleep Apnea claim. When filing a VAdisability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. 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 question raised in this case is whether this "intermediate step" is limited to . This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. 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. caused or made worse by your active duty military service OR. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA.