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In our opinion, the only time a veteran should pursue direct service connection for sleep apnea is if you had a sleep study performed while on active duty, which confirmed the presence of a sleep apnea condition (medically diagnosed) during active-duty service. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. Required fields are marked *. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. I have a diagnosis and a CPAPwhy arent they granting my claim?. However, if you use one, it does provide you with a higher rating. 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. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. Therefore you should be well prepared before submitting your claim. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. 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. 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. Its over 165 pages long, and took 9 months of research. This means they make their claim without providing much proof. We are sorry that this post was not as useful for you! Not presumptively. 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. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. * Can Agent Orange cause Sleep Apnea? 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. My expert agreed to write a rebuttal opinion to the VAs expert. %PDF-1.4 I have also had a stroke. Just had C& P exam for sleep apnea. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. I am service connected for chronic sinusitis with a 30% rating. All Rights Reserved. Chills and night sweats as well as low-grade fevers. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. And that means you are going to have to think through your sleep apnea claim. 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. See id. They denied injections the doctor recommended to ease my pain. This field is for validation purposes and should be left unchanged. The independent opinion of a private medical professional can also influence the C&P examiners medical opinion, as well as the VA rating officials final disability decision. 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). Copyright 2023 VA Claims Insider, LLC. The information contained on this web site is provided for informational purposes only and not legal advice. 2 0 obj Both sinusitis and rhinitis are linked to sleep apnea. It is the only thing that kept in the fight and especially it keeps sane and focus. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. The VA and frankly most of America still thinksof Sleep Apnea asa condition for theobese male with a big neck. They think wrongly that sleep apnea is not the kind of disability associated with a wounded warrior. 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. There are 3 ways to get it: Chris, I also have central and obstructive sleep apnea which has been denied service connection. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. The most trusted name in education-based resources for Veterans. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 Contact Us High blood pressure or hypertension can be easily developed due to stress acquired in active duty. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 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. Local Wounded Veterans Gifted with Opportunities to Go Fishing. Sleep apnea is a medically complex disorder. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. 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 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. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. I believe the two are connected. Weight gain can be tied to several different conditions. The VA then diagnoses sleep apnea and with the snap of a finger, the Gulf War Illness presumption disappears and the Veteran now has to prove service connection of his sleep apnea. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. I did not have a va physical until about 13 years after seperation from service. Digestion issues like IBS (irritable bowel syndrome). CFS is also known asSystemic Exertion Intolerance Disease (SEID)and Myalgic Encephalomyelitis (ME) is characterized by extreme fatigue without explanation from any other underlying condition. 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. Below is the schedule for rating disability for Chronic Fatigue Sundrome. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. How you mix them is the hard part. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Therefore, a well-crafted nexus letter for sleep apnea is the single most crucial document a veteran can provide the VA adjudicator to help prove service connection on an at least as likely as not basis. 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. Wc%X$(:ss!LCO^?4d *$ 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. 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. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. 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). We cant possibly cover each of those and the ways to service connect all of them in this one article. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. In our experience, most VA disability claims are won or lost based on medical evidence. 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. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. %PDF-1.4 % 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. VA initially denied (1ST) my SA claim in 2014, I became a premium member in 2015 and followed your training guides step by step, medical expert opinion, 10 sworn declaration statements by family members, co-workers in service and post-service. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Dear Mr Attig: Required fields are marked *. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. Are you a veteran who suffers from sleep apnea? Everyone I came in contact with there was very nice. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. 67 0 obj <>stream Do you have questions about how to service connect sleep apnea claims? It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Keep us posted Im eager to hear how it turns out! Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. 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. Do You Owe Your Severance Pay Back to the VA? 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. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. 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. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. 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. 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. You are going to have to get a LOT of 5-Star Evidence. There are three types, obstructive, central, and mixed. Your airway narrows and closes, leading to pauses in the breathing cycle. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? Honestly, they are just saying it. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. 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. Which primary disabilities make the best claims for secondary service connection of sleep apnea? 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. 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. Headaches which are new or have become worse. The first requirement which must be met to satisfy the VA is a sleep study. Weve supported more than 15,000 veterans to win their claims and increase their ratings. 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! 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.. application/pdf To find the definitive guide for service-connection for sleep apnea, check it out here. Please call for an appointment before visiting: Mail Processing Center: P.O. Estimate your 2023 VA Rating & Compensation for FREE! Also see our post What is a Service-Connected Disability? If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. 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. I cannot get the sleep apnea connected. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. FREE tips for Veterans to stay Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. Copyright 2023 VA Claims Insider, LLC. sleep apnea is not the kind of disability associated with a wounded warrior. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. endobj 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. The same can be said about service-connected mental health conditions. I cannot recommend Jason and his staff enough. 203, San Jose, CA 95134 Here, nexus is the connection between your service and the current diagnosis of sleep apnea. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. * How the VA willrate your sleep apnea condition after granting Service Connection. I am also service connected for chronic bronchitis with a rating of 0 %. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. The rate was a staggering 22%. Was your obstructive sleep apnea (OSA) VA claim denied? Excessive daytime sleepiness is the most noticeable signal for those who live alone. I understand you want your VA claim to be done as quickly as possible. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. All Rights Reserved. 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. 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. If you are lucky, you start breathing again. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! Your voice is important especially when it comes to your own health care. 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. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg How to File a Claim on VA.gov (step-by-step)! Perhaps theyll have to spenda night with someone that suffers from obstructive sleep apnea, hear the suffocating snoring, experience the fear that the person will stop breathing altogether, they will continue to not take seriously claims for sleep apnea. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. I tried going it alone and the insurance carrier pushed me around. . 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. Winning a VA claim to service connect sleep apnea is hard. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. See our tips on how to obtain a credible nexus letter, Both sinusitis and rhinitis are linked to sleep apnea, Emerging research indicates a strong association between PTSD and sleep apnea, You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Disrupted breathing in which a persons respiration can become labored or even stop for up to a minute at a time, Limited attention span or difficulty thinking clearly, Snoring, including snoring that is especially loud and involves gasping, choking, or snorting that may cause a person to briefly wake up, #1. I stated on my retirement physical that I sometimes have trouble sleeping at night. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. . 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. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. 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. How to Get a 100 Percent VA Rating (if deserved)! You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. I disagree. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Source: Department of Veteran Affairs Regional Office New Orleans, LA. And that means you are going to have to think through your sleep apnea claim. Thanks for your concern and the blog. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Thousands of other Veterans in our Community are here for you. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. 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. Thousands of other Veterans in our Community are here for you. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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. Andmy sleep study was not done in the military.. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Its an entirely different thing to mix those ingredients so that they turn into a cake. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! 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. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Chris, thank you for the posts and training videos you are providing to veterans. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! Your email address will not be published. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Make sure to have your sleep study done. 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. Department of Veterans Affairs For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Save my name, email, and website in this browser for the next time I comment. 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. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection.