Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. 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). 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. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. I also have central and obstructive sleep apnea which has been denied service connection. Your email address will not be published. The most important thing to keep in mind is that, no matter what the VA may tell you, the law does allow for VA disability for sleep apnea. 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. 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. 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. 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. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. 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. Do You Owe Your Severance Pay Back to the VA? 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.. Honestly, they are just saying it. Without a CPAP machine, the VA assigns a 30% rating. 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. Need a C&P exam for sleep apnea secondary to PTSD? This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Local Wounded Veterans Gifted with Opportunities to Go Fishing. You will then need an expert medical opinion that shows these symptoms back then in service were probably sleep apnea even though you had not been diagnosed at the time. Estimate your 2023 VA Rating & Compensation for FREE! Its almost as much work and it can often take as much dedication. 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. When filing a VAdisability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. By doing this your claim will have the best chance possible. 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). Jason Perkins, was my lawyer in a workers comp. sleep apnea is DEADLY, my brother in law went out CAMPING. Worsening of symptoms after activities. Nexus is simply a connection or series of connections linking two or more things. Making the Sausage: Heres what you need to know about new VA Claims regulations. This is a great group of people who really care about your well being. Also see our post What is a Service-Connected Disability? 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 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. San Jose, CA: 2880 Zanker Road, Ste. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. I was diagnosed with OSA 10 years after separation. BVA Decision 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. 4 0 obj 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. Thanks for your concern and the blog. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Favorable BVA Case Law Precedent Example #2: There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. How is Chronic Fatigue Syndrome Diagnosed? It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 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. This is described as being foggy by patients. Our firm was founded in 1986 in Orlando, Florida. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. I understand you want your VA claim to be done as quickly as possible. 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. Scenario 2: The Veteran has a current diagnosis of sleep apnea. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. I have had cardiomegly X-rays while on active duty. The most trusted name in education-based resources for Veterans. Will be some time before answer but getting all the info I can. This field is for validation purposes and should be left unchanged. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to 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. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 . *To prove your Sleep Apnea is service connected without a sleep study in the military? Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. FREE tips for veterans to stay protected, calm and informed Sleep apnea is a medically complex disorder. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. VA claim for sleep apnea denied? A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness; Once service connection is awarded, sleep apnea is then rated under 38 CFR 4.97, Diagnostic Code 6847 - Sleep Apnea Syndromes (obstructive, central, mixed). And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. Just think about our veterans from older eras. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. Do you have questions about how to service connect sleep apnea claims? 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. 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. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. The most trusted name in education-based resources for Veterans. Your first step is to be absolutely sure about what type of apnea you have. Viet Nam Vet. The first requirement which must be met to satisfy the VA is a sleep study. hTOo0| The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. 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. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 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.. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. I am also service connected for chronic bronchitis with a rating of 0 %. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v * Can Agent Orange cause Sleep Apnea? I awake countless time at night due to this. It is the only thing that kept in the fight and especially it keeps sane and focus. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. 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. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. 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. <>stream 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. No current sleep study within the last 12 months, #2. Wc%X$(:ss!LCO^?4d *$ 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? Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. 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. You can subscribe to his Veterans Disability channel on YouTube. Andmy sleep study was not done in the military.. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg 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. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. If you use a CPAP machine, then this should warrant a 50% rating. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. caused or made worse by your active duty military service OR. Anxiety and depression can interfere with sleep patterns. Just had C& P exam for sleep apnea. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. * How do I appeal the VAs denial of my Sleep Apnea? In the year thatI spent researching theSleep ApneaField Manual, I learned that there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea. Even as Veterans Claims for Sleep Apnea soar, it is clear that theVA DOES NOT understand the full scope of how sleep apnea occurs, medically or factually. I cannot recommend Jason and his staff enough. 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. 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. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. But if your body cannot get sleep, you will die. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. 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. Save my name, email, and website in this browser for the next time I comment. (In many cases, amedical expert report or opinion may be crucial to success). Tender lymph nodes usually in the neck and underarms. Has camp Lejeune exposures been linked to sleep apnea? 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. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm 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. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. endobj You're not alone. The VA classifies Sleep Apnea as a disability for which compensation is granted. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. Want More Information about VA Sleep Apnea? Winning a VA Sleep Apnea is much harder. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. These pauses can happen several times an hour when the apnea is severe. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Weve supported more than 15,000 veterans to win their claims and increase their ratings. 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. endstream endobj startxref Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Why? This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. Allergies or sensitivities to foods, odors, chemicals, or noise. If you have this condition, it causes the throat muscles to relax while sleeping. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . Camp Lejeune Lawsuit. endstream Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 In fact, sleep deprivation is a common form of torture, as many of us know all too well. Here are the ingredients to a properlydeveloped claim for sleep apnea: *A solid foundation of Lay and Medical Evidence showing when sleep apnea first began to present in the Veterans life. I have sleep apnea diagnosed by the VA sleep study.
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