service connection for sleep apnea is granted

(In one study, 69.2% of veterans were assessed as being at high risk for OSA.). Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. yet assertive representation for our clients. 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. <>stream Nexus is simply a connection or series of connections linking two or more things. See id. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. I did not have a va physical until about 13 years after seperation from service. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! * SeveralDesert Storm, OIF, and OEF Clients have hadTraumatic Brain Injuries whichinterfere with how their Nervous System works, and as a result, have a different kind of Sleep Apnea (oversimplified, where the brains signals to breathe dont make it through to the lungs). Did the VA Benefit of the Doubt Rule just disappear? Worsening of symptoms after activities. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ I stated on my retirement physical that I sometimes have trouble sleeping at night. NOW ITS YOUR TURN. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c Even if yours is obstructive sleep apnea like we discussed here, there are still other ways to service connection other than proving you had sleep apnea in service. A credible nexus letter fulfills one of the requirements for secondary service connection for sleep apnea: medical nexus evidence establishing a connection between the service-connected disability and the current disability (sleep apnea). See our tips on how to obtain a credible nexus letter. The rate was a staggering 22%. Estimate your 2023 VA Rating & Compensation for FREE! This field is for validation purposes and should be left unchanged. If that is similar to your situation, how do you show that link (nexus) between what was going on with you during service and the actual diagnosis of obstructive sleep apnea you now have? In our experience, OSA denials are almost always due to one or more of these five gaps: Fortunately, there are simple strategies you can employ to address these factorseven if the VA has already denied your VA claim for sleep apnea. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. *To prove your Sleep Apnea is service connected without a sleep study in the military? hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 Viet Nam Vet. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. Its an entirely different thing to mix those ingredients so that they turn into a cake. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Medical opinions will be CRUCIAL, as these are not NECESSARY connections. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! Both sinusitis and rhinitis are linked to sleep apnea. 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. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 Favorable BVA Case Law Precedent Example #2: The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. Just think about our veterans from older eras. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. Make sure to have your sleep study done. Camp Lejeune Lawsuit. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 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. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. If you need assistance in appealing your claim for CFS,let us know here! Thats $901.83 a month. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. Check out the Sleep Apnea Field Manual. Here are the ingredients to a properlydeveloped claim for sleep apnea: *A solid foundation of Lay and Medical Evidence showing when sleep apnea first began to present in the Veterans life. Wc%X$(:ss!LCO^?4d *$ Thanks for your concern and the blog. If you use a CPAP machine, then this should warrant a 50% rating. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. 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. IN THE APPEAL OF . Weight gain can be tied to several different conditions. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. The VA is also wary of the fact that sleep apnea may well have been a condition suffered by the veteran before their time in the military. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. 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. Do you have questions about how to service connect sleep apnea claims? 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. 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. If you use a CPAP machine, then this should warrant a 50% rating. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Why? SvKve5.YmPE}=;vpb -GW2RN 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.. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches 7 0 obj Was your obstructive sleep apnea (OSA) VA claim denied? The BEST Path to Proving Sleep Apnea is Service Connected. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. In my book Put it to Rest! This may be 20 or 30 years after the problems started. Our firm was founded in 1986 in Orlando, Florida. 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. You DESERVE a HIGHER VA rating.WE CAN HELP. I cannot get the sleep apnea connected. Andmy sleep study was not done in the military.. The most trusted name in education-based resources for Veterans. Winning a VA claim to service connect sleep apnea is hard. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! These pauses can happen several times an hour when the apnea is severe. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. Hot Dogs for Heroes 4th of July Event This Thursday! Therefore you should be well prepared before submitting your claim. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. However, this has been thoroughly disproven. 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. The VA and frankly most of America still thinksof Sleep Apnea asa condition for theobese male with a big neck. They think wrongly that sleep apnea is not the kind of disability associated with a wounded warrior. 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). 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. 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. We cant possibly cover each of those and the ways to service connect all of them in this one article. I can teach you how to do that. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Your first step is to be absolutely sure about what type of apnea you have. Any advice on getting sleep apnea service connected? Keep us posted Im eager to hear how it turns out! Save my name, email, and website in this browser for the next time I comment. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Microsoft Word 2010 Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Its an essential piece of evidence. 1) Direct Service Connection for Sleep Apnea For direct service connection you must show either of the following: You were diagnosed with sleep apnea during your military service; -or- You must prove the onset of sleep apnea occurred while you were in service. Learn more about us, Veterans Disability Claim Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. Take a look at the Sleep Apnea eBook when it comes out I think you will find a lot of informaiton that will help you understand better the many different paths and proofs for service connection of Sleep Apnea. 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. Scenario 1: Diagnosis of Sleep Apnea First Occurs a Long Time after Service, with no evidence of sleep-breathing problems in the Military Service, or Military Medical, records. It is the only thing that kept in the fight and especially it keeps sane and focus. 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. 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. Do I Need a CPAP Machine to be Service-Connected? All Rights Reserved. Want More Information about VA Sleep Apnea? High blood pressure or hypertension can be easily developed due to stress acquired in active duty. 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. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> (In many cases, amedical expert report or opinion may be crucial to success). Instead, the leading cause of sleep apnea is weight gain. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Making the Sausage: Heres what you need to know about new VA Claims regulations. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. In the U.S. it has been acknowledged that more education needs to be provided to doctors and nurses to give them the skills to detect CFS sooner for the well being of the patient. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. We can helpreach out so we can show you how. 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. 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. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Tender lymph nodes usually in the neck and underarms. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. 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. 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. The VA classifies Sleep Apnea as a disability for which compensation is granted. we represent clients nationwide. 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. Secondary Service Connection Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. protected, calm and informed * How do I appeal the VAs denial of my Sleep Apnea? Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. 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). 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. 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. 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.. endstream I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 However, the VA. If you are already service-connected for your knees or your back, you are likely not as active as you once were. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. 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. 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. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) Its almost as much work and it can often take as much dedication. And you are going to have to presentit neatly andpersuasivelyto the VA. The independent opinion of a private medical professional can also influence the C&P examiners medical opinion, as well as the VA rating officials final disability decision. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 I tried going it alone and the insurance carrier pushed me around. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. I filed NOD in early 2017 request an informal DRO. You can subscribe to his Veterans Disability channel on YouTube. Were Veterans, just like you, whove learned how to navigate within the VA system. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. 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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