Give us a call at 800-477-9027 to see if we can help you. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream I was diagnosed with OSA 10 years after separation. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ You are going to have to get a LOT of 5-Star Evidence. Make sure to have your sleep study done. We would be happy to talk to you. 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. Learn how your comment data is processed. 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. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. I read hundreds of cases. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. 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. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Sounds easy enough, right? 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. 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. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider Even if youve been denied before, its not too late! Nexus is simply a connection or series of connections linking two or more things. FREE tips for veterans to stay protected, calm and informed And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Dont make the mistake so many other veterans have. endstream endobj 43 0 obj <>stream 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. Translation: 3 out of every 4 of youwill see your sleep apnea claims and appeals deniedunless you learn, how to prove your Sleep Apnea Claim the right way. How to File a Claim on VA.gov (step-by-step)! Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. 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. Estimate your 2023 VA Rating & Compensation for FREE! Not only does the VA provide compensation, but once you receive a service-connection for it, it provides a way to get other disabilities to service-connected. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. 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. Your airway narrows and closes, leading to pauses in the breathing cycle. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Worsening of symptoms after activities. I talked to several doctors and sleep experts. put your Sleep Apnea Claim together right. Unfortunately, VA does not always apply the law correctly. * Can I service connect sleep apnea without a sleep study in service? Do I Need a CPAP Machine to be Service-Connected? If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. However, this has been thoroughly disproven. Weve supported more than 15,000 veterans to win their claims and increase their ratings. Your email address will not be published. * Can Agent Orange cause Sleep Apnea? A nexus letter is often the missing link in a VA claim. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. 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. Is Sleep Apnea Could Be a Service-Connected VA Disability? Wc%X$(:ss!LCO^?4d *$ I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. . Sleep Apnea in Gulf War Veterans - Public Health 38 U.S.C.A. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Its one thing to give you the ingredients for a chocolate cake. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ I spoke with DRO via phone for 5min confirming she received my NOD and evidence. I understand you want your VA claim to be done as quickly as possible. Without a CPAP machine, the VA assigns a 30% rating. Veterans Benefits Network-Sleep Apnea secondary to Service Connected Department of Veterans Affairs 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. This means they make their claim without providing much proof. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. 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. Both sinusitis and rhinitis are linked to sleep apnea. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. This is in order to be officially diagnosed. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. 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. Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. sleep apnea is not the kind of disability associated with a wounded warrior. 7 0 obj 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. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Want More Information about VA Sleep Apnea? Viet Nam Vet. In order to establish direct service connection for sleep apnea, a claimant must show that they have: a current, diagnosis of sleep apnea an in-service event or illness/injury a medical nexus or link that shows the veteran's sleep apnea is related to their in-service event, injury/illness. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. 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. 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. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. Therefore, because the VA is particularly strict with claims regarding sleep apnea, it is highly recommended that you file your claim with as much evidence as you can obtain. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Also sinusitis, rhinitis, hypertension. Learn how your comment data is processed. In our opinion, the only time a veteran should pursue direct service connection for sleep apnea is if you had a sleep study performed while on active duty, which confirmed the presence of a sleep apnea condition (medically diagnosed) during active-duty service. Whats the VAs Problem with Sleep Apnea? How is Chronic Fatigue Syndrome Diagnosed? Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. %%EOF At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law. Below is the schedule for rating . Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. Youll need to make the call on direct service connection versus secondary service connection. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. Source: Department of Veteran Affairs Regional Office New Orleans, LA. VA claim for sleep apnea denied? VA Disability Ratings for Sleep Disturbances | CCK Law Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. The question raised in this case is whether this "intermediate step" is limited to . 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD Did the VA Benefit of the Doubt Rule just disappear? without his BI-PAP MACHINE,one up from CPAP,which i have. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. (In many cases, amedical expert report or opinion may be crucial to success). uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 Joints and muscles can have a lot of pain during flare-ups, and, due to the fatigue, mobility may not be something a patient can easily do. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. However, if you use one, it does provide you with a higher rating. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! 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. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. protected, calm and informed 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. Otherwise, I would properly ended up in mental health facility or going insane!!! <>stream This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. 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. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! I only have 50 days to file NOD, or file a BVA appeal within 1 year. Your first step is to be absolutely sure about what type of apnea you have. 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. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. I talked to several doctors about the causes and limitations of sleep apnea. In order to help you with your secondary claim, we have put together this Insiders Guide! Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 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.

Dazzling Cleaning Customer Service, Host Home Provider Salary In Ga, Where Did Syphilis Come From Llamas, Celtic Park View From My Seat, Articles S