service connection for sleep apnea is granted service connection for sleep apnea is granted

You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. 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 ?). The independent opinion of a private medical professional can also influence the C&P examiners medical opinion, as well as the VA rating officials final disability decision. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. Were Veterans, just like you, whove learned how to navigate within the VA system. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 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. Worsening of symptoms after activities. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. There are 3 ways to get it: Chris, The same can be said about service-connected mental health conditions. 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. Required fields are marked *. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. I believe the two are connected. You can lose a kidney, and live a full and complete life. I cannot recommend Jason and his staff enough. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Learn how your comment data is processed. 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. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. 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). yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c You're not alone. Physical therapy can be given to help maintain and improve mobility. I am also service connected for chronic bronchitis with a rating of 0 %. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. If you use a CPAP machine, then this should warrant a 50% rating. Microsoft Word 2010 The most trusted name in education-based resources for Veterans. Secondary Service Connection Proving Service-Connection for Sleep Apnea. Kim was very helpful and any time I had a question she made sure I got an answer. No proof of service connection (missing a nexus letter), #4 Lack of active-duty documentation and medical evidence, #5 Filing for direct service connection vs secondary service-connection (secondary to an already service-connected disability). Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? 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. 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. application/pdf Digestion issues like IBS (irritable bowel syndrome). 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. Keep up the great work, and remember, the only way to lose is to give up! 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. 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. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. San Jose, CA: 2880 Zanker Road, Ste. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. 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. hTOo0| However, if you use one, it does provide you with a higher rating. 67 0 obj <>stream about the threat of COVID-19 That is how I suggest you handle this situation. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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. Theres lots of literature available to back it up. We offer free resources and expertise to empower all Veterans. Do You Owe Your Severance Pay Back to the VA? HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. The most trusted name in education-based resources for Veterans. 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). No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. I only have 50 days to file NOD, or file a BVA appeal within 1 year. CFS is also known asSystemic Exertion Intolerance Disease (SEID)and Myalgic Encephalomyelitis (ME) is characterized by extreme fatigue without explanation from any other underlying condition. 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. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. 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. Our firm was founded in 1986 in Orlando, Florida. Unfortunately, VA does not always apply the law correctly. In order to help you with your secondary claim, we have put together this Insiders Guide! In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Honestly, they are just saying it. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. * How the VA willrate your sleep apnea condition after granting Service Connection. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. The best way to receive a VA disability compensation rating for sleep apnea is to provide the following information along with your claim: While the VA has begun to show a greater understanding of sleep apnea in veterans, the hard truth is that the VA has still not proven itself to accept the full range of how sleep apnea can manifest. Whats the VAs Problem with Sleep Apnea? yet assertive representation for our clients. Learn more about us, Veterans Disability Claim 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. 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 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w I can teach you how to do that. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). 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. Check out the Sleep Apnea Field Manual. A credible nexus letter fulfills one of the requirements for secondary service connection for sleep apnea: medical nexus evidence establishing a connection between the service-connected disability and the current disability (sleep apnea). Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! While we still have our home base in Florida, endstream endobj startxref Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. 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. Hot Dogs for Heroes 4th of July Event This Thursday! Instead, the leading cause of sleep apnea is weight gain. UNFORTUNATELY HE DIED.! sleep apnea is DEADLY, my brother in law went out CAMPING. This is in order to be officially diagnosed. They were at all times attentive and on top of my case. Sleep apnea is a medically complex disorder. See our tips on how to obtain a credible nexus letter. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Some people have developed CFS after having a viral infection like Epstein Barr virus, Herpes virus 6, and mouse leukemia virus, but there has been no conclusive evidence. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! 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. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, Systemic Exertion Intolerance Disease (SEID), Presumption of Service Connection for Chronic Diseases, Common Symptoms of Chronic Fatigue Syndrome. I have also had a stroke. I read hundreds of cases. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. endstream endobj 43 0 obj <>stream If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. 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. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. Need a C&P exam for sleep apnea secondary to PTSD? 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. Of course, I dont give legal advice on the Veterans Law Blog. Just had C& P exam for sleep apnea. Symptoms can become worse with exertion by either physical or mental activity, such as going shopping and having to take a nap in the car before driving home, or staying on task at work and needing the evenings and weekends to recover, taking a shower and becoming bed bound for a couple of days afterward. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Save my name, email, and website in this browser for the next time I comment. Jason Perkins, was my lawyer in a workers comp. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. * How do I appeal the VAs denial of my Sleep Apnea? Thats $901.83 a month. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. 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. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. You DESERVE a HIGHER VA rating.WE CAN HELP. Your first step is to be absolutely sure about what type of apnea you have. %PDF-1.4 Do I Need a CPAP Machine to be Service-Connected? Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. 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). 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. For doing an awesome job. I tried going it alone and the insurance carrier pushed me around. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. I have tried to connect OSA secondary to chronic sinusitis which has also been denied.