Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. * 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). Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. 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). 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. They denied extra physical therapy. And that means you are going to have to think through your sleep apnea claim. His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. 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. Winning a VA Sleep Apnea is much harder. Learn more about us, Veterans Disability Claim 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. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. Check out the Sleep Apnea Field Manual. When filing a VAclaim for CFS, the Department of Veterans Affairs has to see the onset of this fatigue is severe enough to reduce your routine daily activities to less than 50%, your medical history, and several symptoms that indicate CFS. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! 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. Thats what Sleep Apnea does while you are sleeping, you stop breathing. The question raised in this case is whether this "intermediate step" is limited to . Favorable BVA Case Law Precedent Example #2: 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. Wc%X$(:ss!LCO^?4d *$ With lay evidence AND medical evidence. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. You can lose your arms and legs and still survive. See our article Burn Pit Presumptive Conditions. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. * The importance ofamedical expert opinion in your Sleep Apnea claim. The VA classifies Sleep Apnea as a disability for which compensation is granted. I am also service connected for chronic bronchitis with a rating of 0 %. 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. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p Microsoft Word 2010 For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. However, if you use one, it does provide you with a higher rating. z`tsd#Ex>@"A"M@+5;$ Ill also show you: * The problem with your particular type of Sleep Apnea from the VAs perspective, * The Key Question to be resolved in EACH scenario, * Solutions to the Most Common Errors in Sleep Apnea claims. See our tips on how to obtain a credible nexus letter. 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. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. Thousands of other Veterans in our Community are here for you. 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. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. I recommend Perkins Law Firm. By doing this your claim will have the best chance possible. This is where I come in. At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. How you mix them is the hard part. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. Headaches which are new or have become worse. That is how I suggest you handle this situation. The VA Claims Medical Team specializes in this, sign up here to take the first step in your 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. 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. 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 Youll need to make the call on direct service connection versus secondary service connection. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. However, if you use one, it does provide you with a higher rating. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. You can subscribe to his Veterans Disability channel on YouTube. 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. 67 0 obj <>stream endstream endobj startxref YEP!!! They were at all times attentive and on top of my case. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 See you on the inside! % 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! If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Excessive daytime sleepiness is the most noticeable signal for those who live alone. Battle of DUAL-EXPERTS Chris, you called it!!! Nexus is simply a connection or series of connections linking two or more things. The transmission of an email request for information does not create an attorney client relationship. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Even if youve been denied before, its not too late! 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. %PDF-1.4 % Proving Service-Connection for Sleep Apnea. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Worsening of symptoms after activities. 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. * 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. It only took three months. Anxiety and depression can interfere with sleep patterns. There are 3 ways to get it: Chris, If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. Since there is no cure for CFS the treatment focuses on relief of the symptoms. about the threat of COVID-19 Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. I believe that the VA and BVA do not take Sleep Apnea seriously. How to Connect Sleep Apnea to Military Service. 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. Your voice is important especially when it comes to your own health care. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Any advice on getting sleep apnea service connected? If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Here are the ingredients to a properlydeveloped claim for sleep apnea: *A solid foundation of Lay and Medical Evidence showing when sleep apnea first began to present in the Veterans life. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. You are going to have to get a LOT of 5-Star Evidence. 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. 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. 0 Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. Weight gain can be tied to several different conditions. Kim was very helpful and any time I had a question she made sure I got an answer. 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. I cannot recommend Jason and his staff enough. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. 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. And that means you are going to have to think through your sleep apnea claim. UNFORTUNATELY HE DIED.! In recent years this trend has begun to turn around, but it is still one of the more difficult conditions to win a disability compensation claim for. Keep up the great work, and remember, the only way to lose is to give up! In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. If you use a CPAP machine, then this should warrant a 50% rating. I was diagnosed with OSA 10 years after separation. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Local Wounded Veterans Gifted with Opportunities to Go Fishing. 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. yet assertive representation for our clients. 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. Winning a VA claim to service connect sleep apnea is hard. Camp Lejeune Lawsuit. This may be 20 or 30 years after the problems started. DRO sided with VA expert (not surprise) who claimed SA was least likely as not occurred or caused by service, moreover, VA expert justified opinion by THE FOLLOWINGS;(time 12yrs since retirement, age 50 at the time of sleep study, and weight gain ?). I have had cardiomegly X-rays while on active duty. 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. Without a CPAP machine, the VA assigns a 30% rating. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm If you continue to use this site we will assume that you are happy with it. She has always had a passion for helping others and found inspiration from those she cared for. caused or made worse by your active duty military service OR. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Otherwise, I would properly ended up in mental health facility or going insane!!! How to Hire an Attorney For Your VA Claim or Appeal. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. But if your doctor believes that your Sleep Apnea is somehow related to exposure to TCEs or benzene in the water at Camp Lejeune, then a good medical opinion would probably help you prove a direct service connection claim. Allergies or sensitivities to foods, odors, chemicals, or noise. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. 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. If you have sleep apnea and sinusitis/rhinitis, your next step would be to get a doctors medical opinion supporting that your service-connected sinusitis/rhinitis caused or aggravates your sleep apnea. 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. Learn how your comment data is processed. In my book Put it to Rest! 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. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Save my name, email, and website in this browser for the next time I comment. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. This is what is called the Nexus. 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. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Without a CPAP machine, the VA assigns a 30% rating. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. Youre welcome, Sam! . hTOo0| put your Sleep Apnea Claim together right. 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. See R. at 8-9. 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. 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. . 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). ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. 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. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Please call for an appointment before visiting: Mail Processing Center: P.O. 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. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM. The most trusted name in education-based resources for Veterans. 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. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. History of studies and lab work showing the doctor ruled out other possible conditions that may be causing the same symptoms, Nonexudativepharyngitis (swelling of the back of the throat with no mucus), Tender/palpable lymph nodes (neck or underarms), Fatigue lasting longer than 24 hours after exercise, Neuropsychological symptoms (burning, numbness, tingling sensation, sensitivity).