This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. The question raised in this case is whether this "intermediate step" is limited to . If you are already service-connected for your knees or your back, you are likely not as active as you once were. In this article, well help you understand the top 5 reasons OSA claims are deniedand even better, what to do about it if youve received a denial for your OSA claim. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. 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. 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. 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. You DESERVE a HIGHER VA rating.WE CAN HELP. You can subscribe to his Veterans Disability channel on YouTube. Thanks for your concern and the blog. 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. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. This is where I come in. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on 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. 3 Steps to Veteran Disability Benefits for Sleep Apnea, 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD, 3 Ways to Get a VA Rating for Insomnia (The Insiders Guide). Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. That is how I suggest you handle this situation. OSA is a common denial veterans receive when pursuing a VA claim, but it doesnt have to beif you understand the condition and what your claim must include in order to be successful. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. 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. There are certain chronic diseases that a veteran may be presumptively entitled to if the disease manifests to a certain degree within a specified timeframe after the veterans period of, In todays society, hypertension is a common diagnosis for most veterans. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). I am service connected for chronic sinusitis with a 30% rating. Did the VA Benefit of the Doubt Rule just disappear? The same can be said about service-connected mental health conditions. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. 67 0 obj <>stream 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. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. BVA Decision 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. OSA secondary to PTSD (or other mental health claim) is a more challenging claim to make, but it is still a top candidate for secondary service connection of sleep apnea. My claim was approved first time submitting. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Because of this all veterans hoping to receive a disability compensation rating from the VA should take the responsibility of connecting the dots for the claim themselves. We can helpreach out so we can show you how. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. 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. 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. By doing this your claim will have the best chance possible. (In many cases, amedical expert report or opinion may be crucial to success). Whats the VAs Problem with Sleep Apnea? 203, San Jose, CA 95134 Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! 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. 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. How to Get a 100 Percent VA Rating (if deserved)! That said, the key here is making the connection from service to diagnosis. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. Do I Need a CPAP Machine to be Service-Connected? How to Hire an Attorney For Your VA Claim or Appeal. Need help claiming this crucial part of your claim? I dont know if Im authorize a second run at the DRO or go straight to BVA. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ I got a 50% rating. I have sleep apnea diagnosed by the VA sleep study. Sleep Apnea in Gulf War Veterans - Public Health Sleep apnea is a medically complex disorder. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! 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. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. 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. 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. We offer free resources and expertise to empower all Veterans. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. hTOo0| I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. 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. %PDF-1.4 Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. 3. This field is for validation purposes and should be left unchanged. 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! Check out the Sleep Apnea Field Manual. Any advice on getting sleep apnea service connected? Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). Making the Sausage: Heres what you need to know about new VA Claims regulations. There are 3 ways to get it: Chris, How to File a Claim on VA.gov (step-by-step)! I cannot recommend Jason and his staff enough. A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. 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 I have sleep apnea and emphysema. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. As a matter of fact, it may be easier to substantiate with medical records that the sleep apnea symptoms started after the diagnosis of diabetes. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 You are going to have to get a LOT of 5-Star Evidence. While its not really hard to prove service-connection of your sleep apnea, its most certainly not easy: you are going to have to put in some work. 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. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. While an OSA disability claim secondary to sinusitis/rhinitis is an easier path, veterans who are service-connected for PTSD (or other mental health conditions) are eligible for secondary service connection for their sleep apnea, and its possible to achieve an OSA disability claim secondary to PTSD with the right strategy and credible medical evidence. FREE tips for Veterans to stay While we still have our home base in Florida, She has always had a passion for helping others and found inspiration from those she cared for. 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. 2023-03-04T21:20:56-05:00 If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. A current disability (medical diagnosis in medical records), An in-service event, injury, disease, or aggravation; and, evidence of chronicity and continuity in your service treatment records and private treatment records, or, A medical diagnosis of sleep apnea confirmed by a sleep study in VA medical records or private records (sleep study in past 12 months), Medical nexus evidence establishing a connection between. See you on the inside! 38 0 obj <> endobj In our experience, most VA disability claims are won or lost based on medical evidence. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. 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. NOW ITS YOUR TURN. yet assertive representation for our clients. Contact Us Save my name, email, and website in this browser for the next time I comment. caused or made worse by your active duty military service OR. I cannot get the sleep apnea connected. But remember the ultimate goal to win your VA disability compensation claim. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Kim was very helpful and any time I had a question she made sure I got an answer. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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. Battle of DUAL-EXPERTS Chris, you called it!!! Required fields are marked *. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. These pauses can happen several times an hour when the apnea is severe. Was your obstructive sleep apnea (OSA) VA claim denied? Make sure to have your sleep study done. Proving Service-Connection for Sleep Apnea. 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. about the threat of COVID-19 Hot Dogs for Heroes 4th of July Event This Thursday! ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Joints and muscles can have a lot of pain during flare-ups, and, due to the fatigue, mobility may not be something a patient can easily do. 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. 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. sleep apnea is not the kind of disability associated with a wounded warrior. 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. 0 But most veterans are not service-connected for this sinus condition. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. 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. You can lose a kidney, and live a full and complete life. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! 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. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Were Veterans, just like you, whove learned how to navigate within the VA system. No current sleep study within the last 12 months, #2. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Not presumptively. * 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. 2020 Strategic Veteran All Rights Reserved. This field is for validation purposes and should be left unchanged. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. 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. 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 Since that time, we have provided compassionate Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. I stated on my retirement physical that I sometimes have trouble sleeping at night. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Veterans Benefits Network-Sleep Apnea secondary to Service Connected * Can Agent Orange cause Sleep Apnea? protected, calm and informed You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. 4 Lessons You Need to Learn to Service Connect Sleep Apnea. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. Thats what Sleep Apnea does while you are sleeping, you stop breathing. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Even a previous diagnosis may not be accepted by the VA without a sleep study. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 I have tried to connect OSA secondary to chronic sinusitis which has also been denied. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. 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 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. 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. endstream endobj 42 0 obj <>stream Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Worsening of symptoms after activities. 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. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. My sleep apnea is worsened when I lie on my back and I still have loss of breath. UNFORTUNATELY HE DIED.! 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. 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. 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. Viet Nam Vet. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 A nexus letter is often the missing link in a VA claim. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg Excessive daytime sleepiness is the most noticeable signal for those who live alone. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Just think about our veterans from older eras. San Jose, CA: 2880 Zanker Road, Ste. and Coronavirus. Proving Service-Connection for Sleep Apnea - VA Claims Insider application/pdf Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Headaches which are new or have become worse. 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. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Ann Margaret really took the time to explain things to me. Without a CPAP machine, the VA assigns a 30% rating. 38 U.S.C.A. As a fellow disabled Veteran this is shameful and Im on a mission to change it. I understand you want your VA claim to be done as quickly as possible. 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. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! We are sorry that this post was not as useful for you! No blog, and no eBook can substitute for legal advice from an accredited VA attorney. The VA and frankly most of America still thinksof Sleep Apnea asa condition for theobese male with a big neck. They think wrongly that sleep apnea is not the kind of disability associated with a wounded warrior. Your voice is important especially when it comes to your own health care. Otherwise, I would properly ended up in mental health facility or going insane!!! Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. It's almost as much work - and it can often take as much dedication. 2023-03-04T21:20:56-05:00 . There are special rules regarding how a Sleep Apnea disability claim is treated by the VA. It's harder to get than it used to be, and there are more regulations. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. We would be happy to talk to you. Another theory is a hormonal imbalance because elevated hormones are seen in the blood work of those who have CFS, but the importance of this is unknown as well. THANK YOU AGAIN. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. With lay evidence AND medical evidence. You can lose your arms and legs and still survive. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. My emphysema is connected. 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. 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. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. 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. 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. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea.