Otherwise, I would properly ended up in mental health facility or going insane!!! 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. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. 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). Tender lymph nodes usually in the neck and underarms. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. In our experience, most VA disability claims are won or lost based on medical evidence. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. I told you at the beginning I wantto change your thinking. 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). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Copyright 2023 VA Claims Insider, LLC. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. injury case. The rate was a staggering 22%. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Even if youve been denied before, its not too late! To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 The VA uses two options for rating most sleep apnea claims. Honestly, they are just saying it. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. I am service connected for chronic sinusitis with a 30% rating. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. 1 0 obj I believe that the VA and BVA do not take Sleep Apnea seriously. Thousands of other Veterans in our Community are here for you. 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. Below is the schedule for rating disability for Chronic Fatigue Sundrome. 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. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Template for processing Decision or Remand PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. Just had C& P exam for sleep apnea. 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. The problem is that many disabilities that arise in service are not actually diagnosed in service. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. In April 2013, the RO reopened the sleep apnea claim, but denied service connection, and found no new and material evidence sufficient to reopen the tinnitus claim. . Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. Has camp Lejeune exposures been linked to sleep apnea? 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! I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. 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. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. If you continue to use this site we will assume that you are happy with it. Unfortunately, VA does not always apply the law correctly. Keep us posted Im eager to hear how it turns out! Do you have questions about how to service connect sleep apnea claims? hTOo0| =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). You can lose your arms and legs and still survive. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) Keep up the great work, and remember, the only way to lose is to give up! 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. (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)! Without a CPAP machine, the VA assigns a 30% rating. Below is the schedule for rating . That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. We are sorry that this post was not as useful for you! Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! For example, if a veteran has service connection for diabetes caused by agent orange and it is a well known fact that diabetes can cause sleep apnea, then you should be able to add it to the claim. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 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. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. I am also service connected for chronic bronchitis with a rating of 0 %. Jason Perkins, was my lawyer in a workers comp. 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. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. But if your body cannot get sleep, you will die. 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. Required fields are marked *. 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. 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. Need a C&P exam for sleep apnea secondary to PTSD? Contact Us 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. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. If you are already service-connected for your knees or your back, you are likely not as active as you once were. Weve supported more than 15,000 veterans to win their claims and increase their ratings. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. How you mix them is the hard part. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. 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. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. 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. 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 You're not alone. Nexus is simply a connection or series of connections linking two or more things. endstream I was diagnosed with OSA 10 years after separation. I understand you want your VA claim to be done as quickly as possible. Thousands of other Veterans in our Community are here for you. There are three types, obstructive, central, and mixed. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 I also have central and obstructive sleep apnea which has been denied service connection. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. 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 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. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 My emphysema is connected. 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. 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. Are you a veteran who suffers from sleep apnea? This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. 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. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. This is a great group of people who really care about your well being. 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, How is Chronic Fatigue Syndrome Diagnosed? Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. I cannot get the sleep apnea connected. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. 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. If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! I filed NOD in early 2017 request an informal DRO. 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. * Can I service connect sleep apnea without a sleep study in service? 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. 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. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Youre welcome, Sam! 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. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Those are the ingredients. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. Winning a VA Sleep Apnea is much harder. Please call for an appointment before visiting: Mail Processing Center: P.O. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. %PDF-1.4 Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. 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. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. Dear Mr Attig: Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. UNFORTUNATELY HE DIED.! Microsoft Word 2010 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. I only have 50 days to file NOD, or file a BVA appeal within 1 year. Favorable BVA Case Law Precedent Example #2: 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. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. For all about getting a VA rating for sleep apnea, see our post Your Sleep Apnea VA Rating A Guide to Getting a VA Disability Rating for Sleep Apnea. Anxiety and depression can interfere with sleep patterns. 7 0 obj 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . See you on the inside! Winning a VA claim to service connect sleep apnea is hard. 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. Both anxiety and depression can also be linked to sleep apnea. I believe the two are connected. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Sounds easy enough, right? If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Therefore, a well-crafted nexus letter for sleep apnea is the single most crucial document a veteran can provide the VA adjudicator to help prove service connection on an at least as likely as not basis. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p 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. Lets begin today's post with the Bottom Line Up Front (BLUF): It is HARD to get service connected for Sleep Apnea secondary to Depression.
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