Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. 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.
Sleep Apnea in Gulf War Veterans - Public Health No blog, and no eBook can substitute for legal advice from an accredited VA attorney. VA Claims insider is an education-based coaching/consulting company. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. In our experience, most VA disability claims are won or lost based on medical evidence. Its an entirely different thing to mix those ingredients so that they turn into a cake. Therefore you should be well prepared before submitting your claim. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). Here are a few examples of how Sleep Apnea has affected Veterans from all different eras of service: * Don D. (he asked me not to use his real name) served mostly during the Cold War was in the best physical shape of his life he was an avid weight-lifter. You DESERVE a HIGHER VA rating.WE CAN HELP. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become 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 ?). Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. injury case. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea.
Getting Veterans (VA) Disability for Sleep Apnea | CCK Law This may be 20 or 30 years after the problems started. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. Making the Sausage: Heres what you need to know about new VA Claims regulations. endstream
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medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. 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). Winning a VA claim to service connect sleep apnea is hard. Dear Mr Attig: The most trusted name in education-based resources for Veterans. Copyright 2023 VA Claims Insider, LLC. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Or perhaps when they realize that Sleep Apnea is going to be as big an issue for our current generation of Veterans asAgent Orange related conditions are to Vietnam Veterans, they will take it seriously. Your email address will not be published. BVA Decision VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Since there is no cure for CFS the treatment focuses on relief of the symptoms. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. However, this has been thoroughly disproven. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. (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)! Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! By doing this your claim will have the best chance possible. VA claim for sleep apnea denied? 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. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. Dont make the mistake so many other veterans have. I have had cardiomegly X-rays while on active duty. 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. 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. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions.
Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider 2 0 obj It's almost as much work - and it can often take as much dedication. IN THE APPEAL OF . 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 <>stream Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected.
6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD 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. f%Ygaz~u&d_',BB)Kw4(wb B
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XvKdEP,Zbl65k8 x!KSToHjbrC. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. Most Veterans are not proving sleep apnea is service connected. But remember the ultimate goal to win your VA disability compensation claim. 4 0 obj document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. The most trusted name in education-based resources for Veterans. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. Was your obstructive sleep apnea (OSA) VA claim denied? How to Hire an Attorney For Your VA Claim or Appeal. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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 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. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. This is where I come in. 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. Keep us posted Im eager to hear how it turns out! This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Do you have questions about how to service connect sleep apnea claims? Do You Owe Your Severance Pay Back to the VA? Learn how your comment data is processed. I did not have a va physical until about 13 years after seperation from service. Since that time, we have provided compassionate If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. * SeveralDesert Storm, OIF, and OEF Clients have hadTraumatic Brain Injuries whichinterfere with how their Nervous System works, and as a result, have a different kind of Sleep Apnea (oversimplified, where the brains signals to breathe dont make it through to the lungs). 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. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. * Can Agent Orange cause Sleep Apnea? Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, 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. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 How to Get a 100 Percent VA Rating (if deserved)! Even a previous diagnosis may not be accepted by the VA without a sleep study. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114
Board of Veterans' Appeals 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.
PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library * The importance ofamedical expert opinion in your Sleep Apnea claim. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . 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. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 3. 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. Battle of DUAL-EXPERTS Chris, you called it!!! about the threat of COVID-19 and Coronavirus. 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. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Some of the most common symptoms of sleep apnea include: People who suffer from sleep apnea are often unaware of the breathing disturbances, finding out about them from a bed partner or roommate. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! caused or made worse by your active duty military service OR. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. When I turned my case over to Jason things turned around, QUICK. I have sleep apnea and emphysema. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. If you are hurt at work, this is the firm you want on YOUR side. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. Were Veterans, just like you, whove learned how to navigate within the VA system. Just think about our veterans from older eras. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. endobj One step at a time, one claim at a time, one veteran at a time.we vets are winning!! * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. However, most of the time, sleep apnea is a secondary claim. . fight to get their sleep apnea service-connected. 1) Direct Service Connection for Sleep Apnea For direct service connection you must show either of the following: You were diagnosed with sleep apnea during your military service; -or- You must prove the onset of sleep apnea occurred while you were in service. Viet Nam Vet. 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. Required fields are marked *. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. But most veterans are not service-connected for this sinus condition. I read hundreds of cases. You can lose your arms and legs and still survive. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 7 0 obj What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Thats what Sleep Apnea does while you are sleeping, you stop breathing. Its almost as much work and it can often take as much dedication. * What if it wasnt diagnosed until years after service can I service connect it then? We would be happy to talk to you. The same can be said about service-connected mental health conditions. Also sinusitis, rhinitis, hypertension. 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. Secondary Service Connection Template for processing Decision or Remand No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Both sinusitis and rhinitis are linked to sleep apnea. %PDF-1.4 %PDF-1.4
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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. OY&/Ov{"3 tz0{r
F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. 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. 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.
VA Disability Ratings for Hypertension and 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 a medically complex disorder.
Veterans Benefits Network-Sleep Apnea secondary to Service Connected Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. See R. at 8-9. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. 38 U.S.C.A. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. HWnH}W#zx 8Fb$vhjKLdRCR6-kf$}9u/U(XVX= eX5e2by=t-V?l*_?,?C&{u&Q,E1[x3")KYdXD@Q2+x."]}0uLB!_ne\Ya)y,"k"Q>bV7mWnXQn
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