There are special rules regarding how a Sleep Apnea disability claim is treated by the VA. It's harder to get than it used to be, and there are more regulations. 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. My sleep apnea is worsened when I lie on my back and I still have loss of breath. San Jose, CA: 2880 Zanker Road, Ste. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! 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. You can subscribe to his Veterans Disability channel on YouTube. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. 2023-03-04T21:20:56-05:00 Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. If you use a CPAP machine, then this should warrant a 50% rating. How can you learn more about these things? 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. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Many Veterans suffering from emotional distress overeat and lack the motivation to work out. 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. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness; Once service connection is awarded, sleep apnea is then rated under 38 CFR 4.97, Diagnostic Code 6847 - Sleep Apnea Syndromes (obstructive, central, mixed). Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 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. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Service-Connected Sleep Apnea VA Claim | Strategic Veteran Of course, I dont give legal advice on the Veterans Law Blog. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider Proving Service-Connection for Sleep Apnea - VA Claims Insider 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. Jason Perkins, was my lawyer in a workers comp. In fact, sleep deprivation is a common form of torture, as many of us know all too well. caused or made worse by your active duty military service OR. I am service connected for chronic sinusitis with a 30% rating. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. *To prove your Sleep Apnea is service connected without a sleep study in the military? 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.. 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. 0 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. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 How to Get a 100 Percent VA Rating (if deserved)! Proving Service-Connection for Sleep Apnea. * Can Agent Orange cause Sleep Apnea? That's what Veteran Lee G. did - Lee's VA claim changed when he read my Sleep Apnea book: "Chris gave me the knowledge to file a claim for Sleep Apnea. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . SvKve5.YmPE}=;vpb -GW2RN Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Whats the VAs Problem with Sleep Apnea? Are you a veteran who suffers from sleep apnea? 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. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. Youre arent alone. FREE tips for veterans to stay protected, calm and informed 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. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Estimate your 2023 VA Rating & Compensation for FREE! There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. THANK YOU AGAIN. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. Most Veterans are not proving sleep apnea is service connected. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. The best way to receive a VA disability compensation rating for sleep apnea is to provide the following information along with your claim: While the VA has begun to show a greater understanding of sleep apnea in veterans, the hard truth is that the VA has still not proven itself to accept the full range of how sleep apnea can manifest. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. There are 3 ways to get it: Chris, Learn how your comment data is processed. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. And that means you are going to have to think through your sleep apnea claim. While we still have our home base in Florida, b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p Even a previous diagnosis may not be accepted by the VA without a sleep study. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. 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. Viet Nam Vet. In our experience, if you did NOT have a sleep study while on active duty and you did not get a medical diagnosis of sleep apnea in the military, you should only attempt to service-connect your sleep apnea VA claim SECONDARY to another service-connected disability. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 In order to help you with your secondary claim, we have put together this Insiders Guide! 8 0 obj Learn more about us, Veterans Disability Claim endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream Is Sleep Apnea Could Be a Service-Connected VA Disability? Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! 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. This means they make their claim without providing much proof. 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. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Its an essential piece of evidence. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. Why? All Rights Reserved. . By law, there are three evidentiary elements that must be satisfied for sleep apnea secondary conditions to prove secondary service connection: The first part can be satisfied with any existing medical evidence service treatment records, VA medical records, or any private medical records, assuming you do have a diagnosis of sleep apnea. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 In the year thatI spent researching theSleep ApneaField Manual, I learned that there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea. Instead, the leading cause of sleep apnea is weight gain. She has always had a passion for helping others and found inspiration from those she cared for. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm 4 Lessons You Need to Learn to Service Connect Sleep Apnea. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. My expert agreed to write a rebuttal opinion to the VAs expert. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. 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. How to Hire an Attorney For Your VA Claim or Appeal. Without a CPAP machine, the VA assigns a 30% rating. sleep apnea is not the kind of disability associated with a wounded warrior. 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. <>stream 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. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % VA claim for sleep apnea denied? 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. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) I believe the two are connected. My claim was approved first time submitting. Nexus is simply a connection or series of connections linking two or more things. When seeking service connection, veterans will generally need to submit the following to VA: A current diagnosis of a condition; An in-service event, illness, or injury; and, NOW ITS YOUR TURN. Kim was very helpful and any time I had a question she made sure I got an answer. The rate was a staggering 22%. Thousands of other Veterans in our Community are here for you. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. Dear Mr Attig: Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. For a true diagnosis of CFS the patient must also have one of the two following symptoms: There are other symptoms that some but not all experience: Diagnosis of Chronic Fatigue Syndrome can be a bit tricky and understandably so because there is no set test to make the determination. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. It's almost as much work - and it can often take as much dedication. * Damage to the brain from a TBI (Traumatic Brain Injury). Camp Lejeune Lawsuit. Making the Sausage: Heres what you need to know about new VA Claims regulations. 2020 Strategic Veteran All Rights Reserved. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Is Sleep Apnea a Disability? A Guide for Veterans Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. endobj 2 0 obj Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. 38 U.S.C.A. But if your body cannot get sleep, you will die. Unfortunately, VA does not always apply the law correctly. 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. I cannot get the sleep apnea connected. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. If you are lucky, you start breathing again. Also see our post What is a Service-Connected Disability? That said, the key here is making the connection from service to diagnosis. Its almost as much work and it can often take as much dedication. 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. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Do I Need a CPAP Machine to be Service-Connected? 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. 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. z`tsd#Ex>@"A"M@+5;$ 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. 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 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. See our article Burn Pit Presumptive Conditions. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. Need a C&P exam for sleep apnea secondary to PTSD? 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. 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.
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