Lets begin today's post with the Bottom Line Up Front (BLUF): It is HARD to get service connected for Sleep Apnea secondary to Depression. NOW ITS YOUR TURN. This is where I come in. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! 4 Lessons You Need to Learn to Service Connect Sleep Apnea. Everyone I came in contact with there was very nice. Chris, thank you for the posts and training videos you are providing to veterans. I talked to several doctors and sleep experts. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 What the doctor may do is multiple laboratorytests to rule out some other underlying cause. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. 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. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . 2017-05-30T18:09:36-04:00 I dont know if Im authorize a second run at the DRO or go straight to BVA. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. Also sinusitis, rhinitis, hypertension. There is evidence of sleep breathing problems in-service, in the Veterans service medical records, or lay evidence of these problems during the period of military service, but no diagnosis of Sleep Apnea in-service. Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. we represent clients nationwide. What about PTSD? You're not alone. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! 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. When seeking service connection, veterans will generally need to submit the following to VA: A current diagnosis of a condition; An in-service event, illness, or injury; and, Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. endstream 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. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. Board of Veterans' Appeals 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. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. 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. Camp Lejeune Lawsuit. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. 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. injury case. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! However, most of the time, sleep apnea is a secondary claim. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Were Veterans, just like you, whove learned how to navigate within the VA system. Youre welcome, Sam! 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. * What if it wasnt diagnosed until years after service can I service connect it then? No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 A nexus letter is often the missing link in a VA claim. You are going to have to think through your case as objectively as you possibly can. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! For instance, if you complain of being tired all the time your doctor may order blood tests to check for anemia, diabetes, and hypothyroidism all of which cause fatigue. 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. How is Chronic Fatigue Syndrome Diagnosed? 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. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. However, if you use one, it does provide you with a higher rating. Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider 201 Bankhead Highway, Carrollton GA 30117770-285-1198. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. 203, San Jose, CA 95134 presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Please call for an appointment before visiting: Mail Processing Center: P.O. I have a diagnosis and a CPAPwhy arent they granting my claim?. Therefore, because the VA is particularly strict with claims regarding sleep apnea, it is highly recommended that you file your claim with as much evidence as you can obtain. Hepatitis C also causes insulin resistance. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. When Daniel laid it out and told me almost specifically, "Here's your timeline, here's how you do it, "here's what you do, here's what you need, "here are the things that you need," that sealed the deal. 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 ?). Favorable BVA Case Law Precedent Example #2: Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. % Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. If you continue to use this site we will assume that you are happy with it. In our experience, most VA disability claims are won or lost based on medical evidence. * 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. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. application/pdf Contact Us VA Claims insider is an education-based coaching/consulting company. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. 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. Copyright 2023 VA Claims Insider, LLC. Its one thing to give you the ingredients for a chocolate cake. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. 67 0 obj <>stream By doing this your claim will have the best chance possible. I filed NOD in early 2017 request an informal DRO. without his BI-PAP MACHINE,one up from CPAP,which i have. Its an entirely different thing to mix those ingredients so that they turn into a cake. Proving Service-Connection for Sleep Apnea. 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. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. endstream endobj startxref The polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. protected, calm and informed 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. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Winning a VA Sleep Apnea is much harder. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. 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. z`tsd#Ex>@"A"M@+5;$ Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Since that time, we have provided compassionate document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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. 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. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. VA Disability Ratings for Hypertension and Sleep Apnea You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. We see that quite often with sleep apnea claims. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 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. Estimate your 2023 VA Rating & Compensation for FREE! Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. I read hundreds of cases. 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. 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. Board of Veterans Appeals 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. Learn more about us, Veterans Disability Claim Without a CPAP machine, the VA assigns a 30% rating. Sleep Apnea in Gulf War Veterans - Public Health Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. 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. Winning a VA claim to service connect sleep apnea is hard. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Our firm was founded in 1986 in Orlando, Florida. Honestly, they are just saying it. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Making the Sausage: Heres what you need to know about new VA Claims regulations. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. 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). What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal 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. In order to help you with your secondary claim, we have put together this Insiders Guide! 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. Keep up the great work, and remember, the only way to lose is to give up! endobj I have had cardiomegly X-rays while on active duty. If you use a CPAP machine, then this should warrant a 50% rating. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Gulf War Illness and Presumptive Service Connection. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 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. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. A noticeable sign of obstructive sleep apnea is snoring. YEP!!! 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. 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. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT Most Veterans are not proving sleep apnea is service connected. Required fields are marked *. 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. You only need to establish that your sleep apnea is at least as likely as not: A nexus letter is an evidence-based document prepared by a medical professional that helps to establish a connection between the veterans current disability and either military service (for direct service connection) or another rated disability (for secondary service connection). Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Sounds easy enough, right? You DESERVE a HIGHER VA rating.WE CAN HELP. 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. 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. Getting Veterans (VA) Disability for Sleep Apnea | CCK Law You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. Estimate your 2023 VA Rating & Compensation for FREE! Viet Nam Vet. 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. You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. However, this has been thoroughly disproven. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w This field is for validation purposes and should be left unchanged. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. VA claim for sleep apnea denied? If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. We can helpreach out so we can show you how. You cut off oxygen to the brain and blood, and other body systems break down. I can teach you how to do that. endobj This may be 20 or 30 years after the problems started. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. 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). Kim was very helpful and any time I had a question she made sure I got an answer. Dear Mr Attig: My expert agreed to write a rebuttal opinion to the VAs expert. See our article Burn Pit Presumptive Conditions. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. This is described as being foggy by patients. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. Heres 4 lessons I learned that I want to pass on to you if you can really learn and understand these lessons, you will have the power to really improve and service connect sleep apnea claims and appeals. 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. I believe the two are connected. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. While we still have our home base in Florida, lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. 8 0 obj This is in order to be officially diagnosed. Check out the Sleep Apnea Field Manual. 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. 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).