While its not really hard to prove service-connection of your sleep apnea, its most certainly not easy: you are going to have to put in some work. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. They denied extra physical therapy. <>stream Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. The VA uses two options for rating most sleep apnea claims. A credible nexus letter fulfills one of the requirements for secondary service connection for sleep apnea: medical nexus evidence establishing a connection between the service-connected disability and the current disability (sleep apnea). z`tsd#Ex>@"A"M@+5;$ Sounds easy enough, right? This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. As this represents a total grant . Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. According to the VA law, there are three evidentiary elements that must be satisfied for sleep apnea conditions to prove secondary service connection: A medical diagnosis recorded in medical records of sleep apnea confirmed by a sleep study Evidence of PTSD as a service-connected primary disability Take advantage of a FREE VA Claim Discovery Call. 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. 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 BVA Decision You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. Weight gain can be tied to several different conditions. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. San Jose, CA: 2880 Zanker Road, Ste. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. 4 0 obj You can lose your arms and legs and still survive. You cut off oxygen to the brain and blood, and other body systems break down. Whats the VAs Problem with Sleep Apnea? 2 0 obj Excessive daytime sleepiness is the most noticeable signal for those who live alone. Your first step is to be absolutely sure about what type of apnea you have. Heres what the 38CFR lists for sleep apnea: Once sleep apnea is service-connected, this opens the door for you to file other secondary claims you may want to make. Some Veterans are taking it a little further and going to the VA with this: I have had problems breathing and sleeping since I was stationed near burn-pits in Iraq and now I have sleep apnea. Hence, the weight gain. If you are already service-connected for your knees or your back, you are likely not as active as you once were. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Youre welcome, Sam! Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. All Rights Reserved. caused or made worse by your active duty military service OR. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Below is the schedule for rating . 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. I believe that the VA and BVA do not take Sleep Apnea seriously. . Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. 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. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. This field is for validation purposes and should be left unchanged. *To prove your Sleep Apnea is service connected without a sleep study in the military? How can you learn more about these things? I talked to several doctors about the causes and limitations of sleep apnea. I read hundreds of cases. 0 Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Also sinusitis, rhinitis, hypertension. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didnt call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesnt stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case Thats Taking Care Of Business. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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. Scenario 2: The Veteran has a current diagnosis of sleep apnea. Its an essential piece of evidence. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. I only have 50 days to file NOD, or file a BVA appeal within 1 year. Our firm was founded in 1986 in Orlando, Florida. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches endobj 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. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. Heres the brutal truth about VA disability claims: The proper medical explanation of the origin of the veterans sleep apnea, Lay AND Medical detailing of the symptoms experienced from sleep apnea affecting the veteran since the onset of the condition in the service until the present day. I cannot recommend Jason and his staff enough. hTOo0| Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. 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. I told you at the beginning I wantto change your thinking. Second example.lets say the veteran has service connection for PTSD. When I turned my case over to Jason things turned around, QUICK. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. My sleep apnea is worsened when I lie on my back and I still have loss of breath. Contact Us 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. I understand you want your VA claim to be done as quickly as possible. 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). b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p There are 3 ways to get it: Chris, The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Its one thing to give you the ingredients for a chocolate cake. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). 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.. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! 38 0 obj <> endobj If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 A nexus letter is often the missing link in a VA 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. 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. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. Why? These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. Dear Mr Attig: I dont know if Im authorize a second run at the DRO or go straight to BVA. Of course, I dont give legal advice on the Veterans Law Blog. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. endstream The VA disability ratings for Chronic Fatigue Syndrome are 10%, 20%, 40%, 60%, and 100% all dependent on the severity and other factors of your symptoms. See our article Burn Pit Presumptive Conditions. I disagree. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. If you continue to use this site we will assume that you are happy with it. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. application/pdf Camp Lejeune Lawsuit. Thousands of other Veterans in our Community are here for you. Most Veterans are not proving sleep apnea is service connected. 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. Has camp Lejeune exposures been linked to sleep apnea? 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. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. Winning a VA claim to service connect sleep apnea is hard. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). 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. 8 0 obj 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. . Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. * Damage to the brain from a TBI (Traumatic Brain Injury). Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 %PDF-1.4 % Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. 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. 67 0 obj <>stream The biggest mistake most veterans make in their service-connection for sleep apnea claims is in expecting the VA to take them at their word. I cannot get the sleep apnea connected. See id. Your email address will not be published. I can teach you how to do that. HWnH}W#zx 8Fb$vhjKLdRCR6-kf$}9u/U(XVX= eX5e2by=t-V?l*_?,?C&{u&Q,E1[x3")KYdXD@Q2+x."]}0uLB!_ne\Ya)y,"k"Q>bV7mWnXQn ZDE(WQ 8mSNMj;vwWoDL-y9mxC~`S3t|4[& S/.TWGaxUtbw>Hk :LfNo`BYL2%*{6GuTP rzY9y+%Koa(+Ja.'Xg 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. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school.
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