Weve supported more than 15,000 veterans to win their claims and increase their ratings. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. This is what is called the Nexus. 7 0 obj Was your obstructive sleep apnea (OSA) VA claim denied? I am also service connected for chronic bronchitis with a rating of 0 %. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Physical therapy can be given to help maintain and improve mobility. 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. Both anxiety and depression can also be linked to sleep apnea. 38 0 obj <> endobj The VA is also wary of the fact that sleep apnea may well have been a condition suffered by the veteran before their time in the military. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. 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. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. 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. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. Any advice on getting sleep apnea service connected? endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream 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. Veterans with CPAP machines have often fallen into the trap of believing that their use of the CPAP will be enough to qualify their claim with the VA. We can helpreach out so we can show you how. Contact Us 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. Thats what Sleep Apnea does while you are sleeping, you stop breathing. 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. 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. 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. Kim was very helpful and any time I had a question she made sure I got an answer. 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. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Dear Mr Attig: 4 0 obj Estimate your 2023 VA Rating & Compensation for FREE! Of course, I dont give legal advice on the Veterans Law Blog. Andmy sleep study was not done in the military.. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! 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. Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p See our tips on how to obtain a credible nexus letter. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . This is where I come in. Check out the Sleep Apnea Field Manual. Thousands of other Veterans in our Community are here for you. 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. 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). The first requirement which must be met to satisfy the VA is a sleep study. 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 yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c Battle of DUAL-EXPERTS Chris, you called it!!! Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. 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. While youmay have been a loud snorer or had other sleep difficulties in service that are normally associated with sleep apnea, if you are like most service members you probablydid not undergo a sleep study and get a formal diagnosis before your discharge from service. You're not alone. . 2023-03-04T21:20:56-05:00 Scenario 2: The Veteran has a current diagnosis of sleep apnea. I understand you want your VA claim to be done as quickly as possible. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. UNFORTUNATELY HE DIED.! That is how I suggest you handle this situation. 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. 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. 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. 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. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. 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. The biggest mistake most veterans make in their service-connection for sleep apnea claims is in expecting the VA to take them at their word. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). The VA uses two options for rating most sleep apnea claims. VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law about the threat of COVID-19 and Coronavirus. I recd another denial (3rd) Jun 30, 2017. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches Veterans Benefits Network-Sleep Apnea secondary to Service Connected How is Chronic Fatigue Syndrome Diagnosed? Like researchers that have been searching for the Holy Grail the harder they look, the less they find. They denied injections the doctor recommended to ease my pain. 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. Your email address will not be published. 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). Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. Its an essential piece of evidence. 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. However, if you use one, it does provide you with a higher rating. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. However, this has been thoroughly disproven. And that means you are going to have to think through your sleep apnea claim. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. YEP!!! 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. Sounds easy enough, right? You can lose your arms and legs and still survive. Its almost as much work and it can often take as much dedication. Required fields are marked *. 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. 2020 Strategic Veteran All Rights Reserved. That said, the key here is making the connection from service to diagnosis. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. 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. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Sleep apnea is a medically complex disorder. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 How you mix them is the hard part. 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. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. 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). <>stream I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didnt call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesnt stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case Thats Taking Care Of Business. endstream endobj startxref A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. However, the VA. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). If your situation is not like the one above, remember that this is only oneof the ways you may be able to win VA disability for sleep apnea. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM. In order to help you with your secondary claim, we have put together this Insiders Guide! * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. In April 2013, the RO reopened the sleep apnea claim, but denied service connection, and found no new and material evidence sufficient to reopen the tinnitus claim. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( Making the Sausage: Heres what you need to know about new VA Claims regulations. The transmission of an email request for information does not create an attorney client relationship. My expert agreed to write a rebuttal opinion to the VAs expert. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. 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. I also have central and obstructive sleep apnea which has been denied service connection. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 <>stream Veterans whoare looking for the easy way to get sleep apnea service-connected will not find it in my opinion, there is no such thing. 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. 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? Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. I filed NOD in early 2017 request an informal DRO. Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of.. about the threat of COVID-19 Either way, Veterans have an uphill fight to get their sleep apnea service-connected. The question raised in this case is whether this "intermediate step" is limited to . Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. * Can I service connect sleep apnea without a sleep study in service? Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. 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. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. I talked to several doctors and sleep experts. 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. Youre welcome, Sam! Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. 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. * WHAT evidencetouseandwhich path to Service Connectionto use. 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. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 Once you are clear on the type of apnea, you should talk with your doctor further about what he or she thinks is the primary cause for it. 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. Winning a VA Sleep Apnea is much harder. Chris, thank you for the posts and training videos you are providing to veterans. 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 ?). If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Also, to check for the cause of fatigue a doctor may do physical examinations such as an exercise stress test to check on the function of the heart and lungs. Estimate your 2023 VA Rating & Compensation for FREE! 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. I awake countless time at night due to this. 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. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 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. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. 3. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. Chills and night sweats as well as low-grade fevers. 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. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. Copyright 2023 VA Claims Insider, LLC. Veterans can also prove service connection for sleep apnea by showing that their sleep apnea began in service using service medical records, or by providing a nexus opinion from a medical professional that links their current diagnosis of sleep apnea to signs or symptoms they experienced in service. As a fellow disabled Veteran this is shameful and Im on a mission to change it. 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. Everyone I came in contact with there was very nice. Thats what Veteran Lee G. did Lees VA claim changed when he read my Sleep Apnea book: Chris gave me the knowledge to file a claim for Sleep Apnea. They are ALL experiencing a Perfect Storm of Sleep Apnea problems: breathing disorders, mental health conditions, heart conditions and diabetes are all causing an epidemic of Sleep Apnea in our Vietnam Veterans. Without a CPAP machine, the VA assigns a 30% rating. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? endobj I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. You cut off oxygen to the brain and blood, and other body systems break down. HWnH}W#zx 8Fb$vhjKLdRCR6-kf$}9u/U(XVX= eX5e2by=t-V?l*_?,?C&{u&Q,E1[x3")KYdXD@Q2+x."]}0uLB!_ne\Ya)y,"k"Q>bV7mWnXQn ZDE(WQ 8mSNMj;vwWoDL-y9mxC~`S3t|4[& S/.TWGaxUtbw>Hk :LfNo`BYL2%*{6GuTP rzY9y+%Koa(+Ja.'Xg I have had cardiomegly X-rays while on active duty. * Damage to the brain from a TBI (Traumatic Brain Injury). Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea.
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