Even if youve been denied before, its not too late! Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Sleep apnea is a medically complex disorder. We would be happy to talk to you. If you continue to use this site we will assume that you are happy with it. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! 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. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 I read hundreds of cases. I understand you want your VA claim to be done as quickly as possible. I have had cardiomegly X-rays while on active duty. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Dont make the mistake so many other veterans have. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! 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. Whats the VAs Problem with Sleep Apnea? Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Thanks for your concern and the blog. 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 need assistance in appealing your claim for CFS,let us know here! Here, nexus is the connection between your service and the current diagnosis of sleep apnea. Its over 165 pages long, and took 9 months of research. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 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. 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. fight to get their sleep apnea service-connected. endstream endobj 42 0 obj <>stream And that means you are going to have to think through your sleep apnea claim. You're not alone. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! You can subscribe to his Veterans Disability channel on YouTube. lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k However, if you use one, it does provide you with a higher rating. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. But if your body cannot get sleep, you will die. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Worsening of symptoms after activities. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Service-Connected Sleep Apnea VA Claim | Strategic Veteran Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 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. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 THANK YOU AGAIN. Even with that little bit of extra information, almost allVeterans are still being denied service connection 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. Thousands of other Veterans in our Community are here for you. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. Are you a veteran who suffers from sleep apnea? .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w I dont know if Im authorize a second run at the DRO or go straight to BVA. 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. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. Jason Perkins, was my lawyer in a workers comp. I can teach you how to do that. My sleep apnea is worsened when I lie on my back and I still have loss of breath. endstream endobj startxref Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. Proving Service-Connection for Sleep Apnea. It is the only thing that kept in the fight and especially it keeps sane and focus. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. If your situation is not like the one above, remember that this is only oneof the ways you may be able to win VA disability for sleep apnea. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Learn how your comment data is processed. I recommend Perkins Law Firm. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. 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. Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters. I believe the two are connected. Your email address will not be published. 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. 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. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2016 - VeteransLawBlog.org - All Rights Reserved | Terms & Conditions | Legal Disclaimer, The Veterans Law Blog is NOT a law firm. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. While proving service-connection for sleep apnea claim accepted is no longer as difficult as it once was, it still is wise to not take your chances and get it right the first time. Its an essential piece of evidence. We cant possibly cover each of those and the ways to service connect all of them in this one article. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. The examiner noted that a major cause of sleep apnea was weight gain and that the veteran weighed 155 pounds in service and 255 pounds in March 2013. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 z`tsd#Ex>@"A"M@+5;$ 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. For instance, if you complain of being tired all the time your doctor may order blood tests to check for anemia, diabetes, and hypothyroidism all of which cause fatigue. We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Scenario 2: The Veteran has a current diagnosis of sleep apnea. The question raised in this case is whether this "intermediate step" is limited to . How to Connect Sleep Apnea to Military Service. Contact Us Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. Its an entirely different thing to mix those ingredients so that they turn into a cake. If you are hurt at work, this is the firm you want on YOUR side. 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. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! %PDF-1.4 2023-03-04T21:20:56-05:00 You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Your voice is important especially when it comes to your own health care. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV 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. Some Veterans are taking it a little further and going to the VA with this: I have had problems breathing and sleeping since I was stationed near burn-pits in Iraq and now I have sleep apnea. How to Get a 100 Percent VA Rating (if deserved)! The most trusted name in education-based resources for Veterans. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. See our tips on how to obtain a credible nexus letter. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library This may be even easier for you now because of a new VA new rule as of August 2, 2021. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. 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. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. Microsoft Word 2010 <>stream In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. Do I Need a CPAP Machine to be Service-Connected? I believe that the VA and BVA do not take Sleep Apnea seriously. Second example.lets say the veteran has service connection for PTSD. sleep apnea is not the kind of disability associated with a wounded warrior. Making the Sausage: Heres what you need to know about new VA Claims regulations. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Youll need to make the call on direct service connection versus secondary service connection. I have also had a stroke. Sleep Apnea in Gulf War Veterans - Public Health injury case. 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. I recd another denial (3rd) Jun 30, 2017. We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you.
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