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. Check out the Sleep Apnea Field Manual. This means they make their claim without providing much proof. We would be happy to talk to you. This is in order to be officially diagnosed. 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. Hence, the weight gain. endobj 2020 Strategic Veteran All Rights Reserved. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. Sounds easy enough, right? Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. Winning a VA claim to service connect sleep apnea is hard. lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Service connection on a secondary basis requires evidence of aggravation or causation.This requires that the secondary disability be shown to be proximately due to or proximately aggravated by another service-connected disability. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Direct service connection for sleep apnea may be granted for veterans who can show that their sleep apnea began in service using service medical records, and by providing a nexus opinion from a qualified medical professional that links sleep apnea to events or exposures in service. In our experience, most VA disability claims are won or lost based on medical evidence. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . I talked to hundreds of Veterans and read their C-Files to see where they went wrong. We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. * Can I service connect sleep apnea without a sleep study in service? Are you a veteran who suffers from sleep apnea? b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p 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. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? 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). Sleep Apnea in Gulf War Veterans - Public Health Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. sleep apnea is DEADLY, my brother in law went out CAMPING. %PDF-1.4 % 4 Lessons You Need to Learn to Service Connect Sleep Apnea. The question raised in this case is whether this "intermediate step" is limited to . Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 2 0 obj Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! What the doctor may do is multiple laboratorytests to rule out some other underlying cause. 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. Physical therapy can be given to help maintain and improve mobility. A nexus letter is often the missing link in a VA claim. 3. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. 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. endstream The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. Veterans Benefits Network-Sleep Apnea secondary to Service Connected Sleep apnea is a medically complex disorder. How to Hire an Attorney For Your VA Claim or Appeal. Hot Dogs for Heroes 4th of July Event This Thursday! endstream endobj 42 0 obj <>stream 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). PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library 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. Your email address will not be published. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 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. Secondary Service Connection Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. 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. Save my name, email, and website in this browser for the next time I comment. * What if it wasnt diagnosed until years after service can I service connect it then? Hepatitis C also causes insulin resistance. % Unfortunately, VA does not always apply the law correctly. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. The information contained on this web site is provided for informational purposes only and not legal advice. Weight gain can be tied to several different conditions. 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. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. You are going to have to get a LOT of 5-Star Evidence. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process. Its over 165 pages long, and took 9 months of research. Any advice on getting sleep apnea service connected? However, if you use one, it does provide you with a higher rating. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. Therefore you should be well prepared before submitting your claim. Keep us posted Im eager to hear how it turns out! Heres the brutal truth about VA disability claims: The proper medical explanation of the origin of the veterans sleep apnea, Lay AND Medical detailing of the symptoms experienced from sleep apnea affecting the veteran since the onset of the condition in the service until the present day. And that means you are going to have to think through your sleep apnea claim. 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. 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. Do You Owe Your Severance Pay Back to the VA? I have sleep apnea and emphysema. 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. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. Save my name, email, and website in this browser for the next time I comment. If you use a CPAP machine, then this should warrant a 50% rating. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. * 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. Also see our post What is a Service-Connected Disability? In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Chris, thank you for the posts and training videos you are providing to veterans. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. 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 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.. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. Instead, the leading cause of sleep apnea is weight gain. Whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea, to include as secondary to the . I understand you want your VA claim to be done as quickly as possible. 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. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. 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. UNFORTUNATELY HE DIED.! This is a great group of people who really care about your well being. I only have 50 days to file NOD, or file a BVA appeal within 1 year. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. Winning a VA Sleep Apnea is much harder. You're not alone. Of course, I dont give legal advice on the Veterans Law Blog. 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. That is how I suggest you handle this situation. SvKve5.YmPE}=;vpb -GW2RN presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. For a true diagnosis of CFS the patient must also have one of the two following symptoms: There are other symptoms that some but not all experience: Diagnosis of Chronic Fatigue Syndrome can be a bit tricky and understandably so because there is no set test to make the determination. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. * How do I appeal the VAs denial of my Sleep Apnea? If you are already service-connected for your knees or your back, you are likely not as active as you once were. 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. I also have central and obstructive sleep apnea which has been denied service connection. VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. All Rights Reserved. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. 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. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. If you have this condition, it causes the throat muscles to relax while sleeping. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 protected, calm and informed 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. 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? The most trusted name in education-based resources for Veterans. 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. I have had cardiomegly X-rays while on active duty. There are three components to proving direct service connection for any VA disability claim: For the legal principles of direct service connection, see 38 CFR 3.303. 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. 2017-05-30T18:09:36-04:00 This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. Its an essential piece of evidence. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Since there is no cure for CFS the treatment focuses on relief of the symptoms. hTOo0| sleep apnea is not the kind of disability associated with a wounded warrior. I am also service connected for chronic bronchitis with a rating of 0 %. See R. at 8-9. If there is a way for us to improve our claims to get more granted for Vets with "GWI", rest assured, you will find it on the Veterans Law Blog. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. Which primary disabilities make the best claims for secondary service connection of sleep apnea? No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. I talked to several doctors about the causes and limitations of sleep apnea. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. I recommend Perkins Law Firm. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. 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. 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. I talked to several doctors and sleep experts. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 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. 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. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. 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. <>stream 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. Most Veterans are not proving sleep apnea is service connected. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! 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). No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Winning a VA claim to service connect sleep apnea is hard. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % 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. I cannot get the sleep apnea connected. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. By doing this your claim will have the best chance possible. 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! The first requirement which must be met to satisfy the VA is a sleep study. A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. 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. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 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. Do I Need a CPAP Machine to be Service-Connected? I awake countless time at night due to this. I have also had a stroke. Sounds easy enough, right? It's almost as much work - and it can often take as much dedication. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. 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. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). Its almost as much work and it can often take as much dedication. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! In order to help you with your secondary claim, we have put together this Insiders Guide! Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Make sure to have your sleep study done. 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. Digestion issues like IBS (irritable bowel syndrome). Learn more about us, Veterans Disability Claim Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. 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. Wc%X$(:ss!LCO^?4d *$ Worsening of symptoms after activities. Board of Veterans' Appeals So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. without his BI-PAP MACHINE,one up from CPAP,which i have. I believe that the VA and BVA do not take Sleep Apnea seriously. Your airway narrows and closes, leading to pauses in the breathing cycle. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! Why? endstream endobj 43 0 obj <>stream Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. However, there are more causes of Cardiomegaly than sleep apnea, so you will want a doctors medical opinoino as to whether your Cardiomegaly is related to a chronic sleep breathing disorder, or has some other origin. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? 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. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Headaches which are new or have become worse. With lay evidence AND medical evidence. 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. Will be some time before answer but getting all the info I can. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios.