The VA uses two options for rating most sleep apnea claims. If you are hurt at work, this is the firm you want on YOUR side. See id. 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. My claim was approved first time submitting. Secondary Service Connection z`tsd#Ex>@"A"M@+5;$ 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. endstream I am also service connected for chronic bronchitis with a rating of 0 %. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). and Coronavirus. Youre welcome, Sam! 203, San Jose, CA 95134 And that means you are going to have to think through your sleep apnea claim. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. 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. 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). 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.. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. 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. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. Anxiety and depression can interfere with sleep patterns. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. 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.. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r By showing that the sleep apnea was proximately caused or proximately aggravated by another service-connected disability you have a better chance of building your claim. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Required fields are marked *. Weve supported more than 15,000 veterans to win their claims and increase their ratings. I tried going it alone and the insurance carrier pushed me around. We offer free resources and expertise to empower all Veterans. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. Nexus is simply a connection or series of connections linking two or more things. I disagree. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. 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. As youve seen, claims for obstructive sleep apnea can be trickyyet important to pursue if youre suffering from this disability, so you can get the benefits you deserve and care you need. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. 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, Your voice is important especially when it comes to your own health care. See our article Burn Pit Presumptive Conditions. endobj Either way, Veterans have an uphill fight to get their sleep apnea service-connected. 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 ?). How to Get a 100 Percent VA Rating (if deserved)! 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 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. I have had cardiomegly X-rays while on active duty. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! I recd another denial (3rd) Jun 30, 2017. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. * Damage to the brain from a TBI (Traumatic Brain Injury). Cognitive training is important to be able to talk to someone about CFS and its limiting factors on life, and how to cope on a daily basis. 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. I also have central and obstructive sleep apnea which has been denied service connection. 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. yet assertive representation for our clients. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. 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. A nexus letter is often the missing link in a VA claim. 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. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. I got a 50% rating. All Rights Reserved. Make sure to have your sleep study done. However, the VA. How to Hire an Attorney For Your VA Claim or Appeal. 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! These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c We would be happy to talk to you. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Sounds easy enough, right? From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). You are going to have to think through your case as objectively as you possibly can. <>stream Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. The VA disability ratings for Chronic Fatigue Syndrome are 10%, 20%, 40%, 60%, and 100% all dependent on the severity and other factors of your symptoms. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. (The Insiders Guide), Insider Tips: How to Schedule a Sleep Study with the VA. How to File a Claim on VA.gov (step-by-step)! 38 0 obj <> endobj If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Scenario 2: The Veteran has a current diagnosis of sleep apnea. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. When filing a VAclaim for CFS, the Department of Veterans Affairs has to see the onset of this fatigue is severe enough to reduce your routine daily activities to less than 50%, your medical history, and several symptoms that indicate CFS. application/pdf Youll need to make the call on direct service connection versus secondary service connection. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 %PDF-1.4 I filed NOD in early 2017 request an informal DRO. If you are lucky, you start breathing again. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! Take advantage of a FREE VA Claim Discovery Call. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Both anxiety and depression can also be linked to sleep apnea. Microsoft Word 2010 There are three types, obstructive, central, and mixed. 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. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. Our firm was founded in 1986 in Orlando, Florida. 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. 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. fight to get their sleep apnea service-connected. Jason Perkins, was my lawyer in a workers comp. I have sleep apnea diagnosed by the VA sleep study. 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. I filed to reopen my SA claim in 2016. Otherwise, I would properly ended up in mental health facility or going insane!!! You're not alone. 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). Just had C& P exam for sleep apnea. Chris, thank you for the posts and training videos you are providing to veterans. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. Battle of DUAL-EXPERTS Chris, you called it!!! Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 See you on the inside! Thousands of other Veterans in our Community are here for you. 2023-03-04T21:20:56-05:00 endstream endobj 42 0 obj <>stream Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. That said, the key here is making the connection from service to diagnosis. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. 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. I only have 50 days to file NOD, or file a BVA appeal within 1 year. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. I did not have a va physical until about 13 years after seperation from service. 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. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. For all about getting a VA rating for sleep apnea, see our post Your Sleep Apnea VA Rating A Guide to Getting a VA Disability Rating for Sleep Apnea. Ann Margaret really took the time to explain things to me. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! . Second example.lets say the veteran has service connection for PTSD. While we still have our home base in Florida, *To prove your Sleep Apnea is service connected without a sleep study in the military? So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Your email address will not be published. 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. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Your airway narrows and closes, leading to pauses in the breathing cycle. You can subscribe to his Veterans Disability channel on YouTube. Just think about our veterans from older eras. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. I cannot get the sleep apnea connected. See our tips on how to obtain a credible nexus letter. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm BVA Decision Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. It is the only thing that kept in the fight and especially it keeps sane and focus. Heres what I mean in BVA decision after BVA decision, I saw examples ofVeterans that take a look at the VA Ratings Tables, see that they can get a 50%VArating for sleep apnea with CPAP. We can helpreach out so we can show you how. This is in order to be officially diagnosed. It only took three months. 2017-05-30T18:09:36-04:00 <>stream Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches A noticeable sign of obstructive sleep apnea is snoring. 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. 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. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices I have also had a stroke. 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. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. Dear Mr Attig: And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. 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. My expert agreed to write a rebuttal opinion to the VAs expert. 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. The problem is that many disabilities that arise in service are not actually diagnosed in service. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. If you have this condition, it causes the throat muscles to relax while sleeping. This is a great group of people who really care about your well being. injury case. Making the Sausage: Heres what you need to know about new VA Claims regulations. 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 Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. They were at all times attentive and on top of my case.