service connection for sleep apnea is granted

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. Estimate your 2023 VA Rating & Compensation for FREE! Was your obstructive sleep apnea (OSA) VA claim denied? No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. This is a great group of people who really care about your well being. To find the definitive guide for service-connection for sleep apnea, check it out here. 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. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. Therefore you should be well prepared before submitting your claim. 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. I have a diagnosis and a CPAPwhy arent they granting my claim?. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. With lay evidence AND medical evidence. 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. They denied injections the doctor recommended to ease my pain. The examiner noted that a major cause of sleep apnea was weight gain and that the veteran weighed 155 pounds in service and 255 pounds in March 2013. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. 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. 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 VA uses two options for rating most sleep apnea claims. * WHAT evidencetouseandwhich path to Service Connectionto use. endstream endobj 43 0 obj <>stream How can you learn more about these things? If you are already service-connected for your knees or your back, you are likely not as active as you once were. 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.. 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. 1 0 obj As a fellow disabled Veteran this is shameful and Im on a mission to change it. 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. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. How to Service Connect Chronic Fatigue Syndrome I believe that the VA and BVA do not take Sleep Apnea seriously. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. 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. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches 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. I have sleep apnea and emphysema. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. FREE tips for Veterans to stay Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. The VA classifies Sleep Apnea as a disability for which compensation is granted. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). I spoke with DRO via phone for 5min confirming she received my NOD and evidence. Making the Sausage: Heres what you need to know about new VA Claims regulations. Keep us posted Im eager to hear how it turns out! hTOo0| endstream endobj 42 0 obj <>stream Excessive daytime sleepiness is the most noticeable signal for those who live alone. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. 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. Thanks for your concern and the blog. <>stream 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. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. Will be some time before answer but getting all the info I can. 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? . Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. 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). PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. This is described as being foggy by patients. However, the VA. As this represents a total grant . I stated on my retirement physical that I sometimes have trouble sleeping at night. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. Thats $901.83 a month. Anxiety and depression can interfere with sleep patterns. Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim (FDC)so you can increase your rating faster! Without a CPAP machine, the VA assigns a 30% rating. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. caused or made worse by your active duty military service OR. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c about the threat of COVID-19 and Coronavirus. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. 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. Allergies or sensitivities to foods, odors, chemicals, or noise. Your airway narrows and closes, leading to pauses in the breathing cycle. Your final VA Disability Rating for Insomnia depends upon the Top 5 Reasons for Obstructive Sleep Apnea Claim Denials (Plus OSA Service Connection Tips), Steps and Strategies: How to Prove Service Connection for Sleep Apnea, Step #1: Get a NEW Sleep Study (within the past 12 months), Step #2: Obtain a medical diagnosis of sleep apnea from a sleep specialist, Step #3: Get a nexus letter for sleep apnea from a credible independent medical professional, Lack of Medical Evidence is the #1 Reason VA Claims are Denied, Step #4: Consider secondary service connection instead of direct service connection, Secondary Service Connection Requirements. Give us a call at 800-477-9027 to see if we can help you. And you are going to have to presentit neatly andpersuasivelyto the VA. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Estimate your 2023 VA Rating & Compensation for FREE! 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. Kim was very helpful and any time I had a question she made sure I got an answer. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Since many things can cause sleep apnea (like diabetes, insulin resistance, sinus problems, deviated septum, acid reflux, PTSD, heart problems, stroke, prior injuries to the head and spine, anything that deviates the diaphragm like degenerative changes of the spine, and ascites from liver disease, cirrhosis or hepatitis c), if the veteran has service connection for any of those conditions then you can add the sleep apnea as being caused by those conditions. 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 stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. 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. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. Scenario 2: The Veteran has a current diagnosis of sleep apnea. No current sleep study within the last 12 months, #2. endstream 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. 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. 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. I told you at the beginning I wantto change your thinking. Service-Connected Sleep Apnea VA Claim | Strategic Veteran Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. 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 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. In our experience, most VA disability claims are won or lost based on medical evidence. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. When I turned my case over to Jason things turned around, QUICK. If you continue to use this site we will assume that you are happy with it. And that means you are going to have to think through your sleep apnea 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. Getting Veterans (VA) Disability for Sleep Apnea | CCK Law My expert agreed to write a rebuttal opinion to the VAs expert. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. I was diagnosed with OSA 10 years after separation. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 You can lose your arms and legs and still survive. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. The most trusted name in education-based resources for Veterans. Copyright 2023 VA Claims Insider, LLC. Sleep apnea is a medically complex disorder. <>stream 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. Tender lymph nodes usually in the neck and underarms. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. In my book Put it to Rest! While we still have our home base in Florida, Save my name, email, and website in this browser for the next time I comment. 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. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r Perhaps theyll have to spenda night with someone that suffers from obstructive sleep apnea, hear the suffocating snoring, experience the fear that the person will stop breathing altogether, they will continue to not take seriously claims for sleep apnea. Did the VA Benefit of the Doubt Rule just disappear? Unfortunately, VA does not always apply the law correctly. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. I have sleep apnea diagnosed by the VA sleep study. You are going to have to think through your case as objectively as you possibly can. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD There are 3 ways to get it: Chris, Honestly, they are just saying it. 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. Board of Veterans' Appeals Nexus is simply a connection or series of connections linking two or more things. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. I believe the two are connected. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. Make sure to have your sleep study done. This is what is called the Nexus. Both sinusitis and rhinitis are linked to sleep apnea. I cannot recommend Jason and his staff enough. See you on the inside! Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. 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. Has camp Lejeune exposures been linked to 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. * 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). Board of Veterans Appeals 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. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Any advice on getting sleep apnea service connected? Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. 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. 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. 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. See id. My claim was approved first time submitting. How to Get a 100 Percent VA Rating (if deserved)! What about PTSD? Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. As youve seen, claims for obstructive sleep apnea can be trickyyet important to pursue if youre suffering from this disability, so you can get the benefits you deserve and care you need. Sounds easy enough, right? protected, calm and informed Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> A nexus letter is often the missing link in a VA claim. 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. injury case. 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. This means they make their claim without providing much proof. 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. My sleep apnea is worsened when I lie on my back and I still have loss of breath. Veterans Benefits Network-Sleep Apnea secondary to Service Connected You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) It's almost as much work - and it can often take as much dedication. BVA Decision I only have 50 days to file NOD, or file a BVA appeal within 1 year. * How the VA willrate your sleep apnea condition after granting Service Connection. 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). Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % I talked to several doctors about the causes and limitations of sleep apnea. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea, result of other disorders or medical conditions, Sleep Apnea is going to be as big an issue for our current generation of Veterans. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. 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. Not presumptively. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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.

service connection for sleep apnea is granted 2023