It is the only thing that kept in the fight and especially it keeps sane and focus. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. 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. All Rights Reserved. I cannot recommend Jason and his staff enough. I have also had a stroke. How to Hire an Attorney For Your VA Claim or Appeal. NOW ITS YOUR TURN. Please call for an appointment before visiting: Mail Processing Center: P.O. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider The VA uses two options for rating most sleep apnea claims. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. Even if youve been denied before, its not too late! Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). 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, The problem is that many disabilities that arise in service are not actually diagnosed in service. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. * Can I service connect sleep apnea without a sleep study in service? medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). And you are going to have to presentit neatly andpersuasivelyto the VA. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . 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. If you need assistance in appealing your claim for CFS,let us know here! 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. <>stream Save my name, email, and website in this browser for the next time I comment. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! One step at a time, one claim at a time, one veteran at a time.we vets are winning!! My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. Of course, I dont give legal advice on the Veterans Law Blog. we represent clients nationwide. (The Insiders Guide), Insider Tips: How to Schedule a Sleep Study with the VA. How to File a Claim on VA.gov (step-by-step)! You are going to have to think through your case as objectively as you possibly can. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. 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. Winning a VA Sleep Apnea is much harder. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. 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. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. 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. My expert agreed to write a rebuttal opinion to the VAs expert. 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. 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. 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. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). VA Disability for Sleep Apnea: Proving Service Connection Everyone I came in contact with there was very nice. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Sleep Apnea in Gulf War Veterans - Public Health Anxiety and depression can interfere with sleep patterns. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c Or perhaps when they realize that Sleep Apnea is going to be as big an issue for our current generation of Veterans asAgent Orange related conditions are to Vietnam Veterans, they will take it seriously. Heres the brutal truth about VA disability claims: The proper medical explanation of the origin of the veterans sleep apnea, Lay AND Medical detailing of the symptoms experienced from sleep apnea affecting the veteran since the onset of the condition in the service until the present day. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ Kim was very helpful and any time I had a question she made sure I got an answer. Whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea, to include as secondary to the For instance, the rating criteria for 100% disability rating for chronic fatigue syndrome detailing debilitating and incapacitating fatigue, cognitive impairments, or a mixture of other similar symptoms severe enough to restrict your daily life and self-care significantly. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. This is in order to be officially diagnosed. I dont know if Im authorize a second run at the DRO or go straight to BVA. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? 2020 Strategic Veteran All Rights Reserved. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. Chills and night sweats as well as low-grade fevers. Camp Lejeune Lawsuit. I understand you want your VA claim to be done as quickly as possible. I stated on my retirement physical that I sometimes have trouble sleeping at night. Give us a call at 800-477-9027 to see if we can help you. 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. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 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. I am service connected for chronic sinusitis with a 30% rating. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. The VA then diagnoses sleep apnea and with the snap of a finger, the Gulf War Illness presumption disappears and the Veteran now has to prove service connection of his sleep apnea. 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. If you continue to use this site we will assume that you are happy with it. There are three types, obstructive, central, and mixed. 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. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. 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. 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. However, if you use one, it does provide you with a higher rating. Otherwise, I would properly ended up in mental health facility or going insane!!! Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. Your email address will not be published. VA Disability Ratings for Hypertension and Sleep Apnea about the threat of COVID-19 and Coronavirus. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. Department of Veterans Affairs 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. * How the VA willrate your sleep apnea condition after granting Service Connection. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 However, if you use one, it does provide you with a higher rating. 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). Sounds easy enough, right? 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. Was your obstructive sleep apnea (OSA) VA claim denied? Your airway narrows and closes, leading to pauses in the breathing cycle. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. 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. I disagree. The BEST Path to Proving Sleep Apnea is Service Connected. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Winning a VA claim to service connect sleep apnea is hard. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches VA Disability for Sleep Apnea Secondary to Sinusitis | CCK Law 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. Thousands of other Veterans in our Community are here for you. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. 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. Second example.lets say the veteran has service connection for PTSD. The same can be said about service-connected mental health conditions. And that means you are going to have to think through your sleep apnea claim. endobj We see that quite often with sleep apnea claims. As this represents a total grant . Source: Department of Veteran Affairs Regional Office New Orleans, LA. I told you at the beginning I wantto change your thinking. VA Disability Claim Timeline For Active Duty Members & Veterans, Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy, Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine, Asymptomatic but with documented sleep disorder breathing. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. application/pdf I also have central and obstructive sleep apnea which has been denied service connection. Sleep apnea can be your link or nexus for filing claims for: Sleep apnea is a high-value claim in the VA world of ratings. 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. That said, the key here is making the connection from service to diagnosis. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. While we still have our home base in Florida, Learn more about us, Veterans Disability Claim 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. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. 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 . 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? See you on the inside! Local Wounded Veterans Gifted with Opportunities to Go Fishing. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! Because of this all veterans hoping to receive a disability compensation rating from the VA should take the responsibility of connecting the dots for the claim themselves. I did not have a va physical until about 13 years after seperation from service. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. The most trusted name in education-based resources for Veterans. Both sinusitis and rhinitis are linked to sleep apnea. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. By showing that the sleep apnea was proximately caused or proximately aggravated by another service-connected disability you have a better chance of building your claim. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Your email address will not be published. Just think about our veterans from older eras. 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. 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. If you use a CPAP machine, then this should warrant a 50% rating. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. This is described as being foggy by patients. Did the VA Benefit of the Doubt Rule just disappear? Copyright 2023 VA Claims Insider, LLC. 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. Below is the schedule for rating . * What if it wasnt diagnosed until years after service can I service connect it then? 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. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Dont make the mistake so many other veterans have. You can lose your arms and legs and still survive. San Jose, CA: 2880 Zanker Road, Ste. Do I Need a CPAP Machine to be Service-Connected? about the threat of COVID-19 Any advice on getting sleep apnea service connected? 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. YEP!!! 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. 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. 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. The transmission of an email request for information does not create an attorney client relationship. BVA Decision 2023-03-04T21:20:56-05:00 Like researchers that have been searching for the Holy Grail the harder they look, the less they find. Theres lots of literature available to back it up. I am also service connected for chronic bronchitis with a rating of 0 %. 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. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. See our tips on how to obtain a credible nexus letter. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Sounds easy enough, right? 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. 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.. How to Hire an Attorney For Your VA Claim or Appeal. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p Below is the schedule for rating disability for Chronic Fatigue Sundrome. Its over 165 pages long, and took 9 months of research. <>stream * A good Lay and Medical presentation and assessment of the sleep apnea symptoms you have had from service, or service-discharge, to the present day. I talked to several doctors about the causes and limitations of sleep apnea. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. The rate was a staggering 22%. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Need a C&P exam for sleep apnea secondary to PTSD? You can lose a kidney, and live a full and complete life. 4 0 obj If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time.

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