Instead, the leading cause of sleep apnea is weight gain. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. They were at all times attentive and on top of my case. The VA uses two options for rating most sleep apnea claims. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. They denied extra physical therapy. endobj Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. But if your body cannot get sleep, you will die. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. without his BI-PAP MACHINE,one up from CPAP,which i have. Are you a veteran who suffers from sleep apnea? Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Veterans can also prove service connection for sleep apnea by showing that their sleep apnea began in service using service medical records, or by providing a nexus opinion from a medical professional that links their current diagnosis of sleep apnea to signs or symptoms they experienced in service. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. Our firm was founded in 1986 in Orlando, Florida. about the threat of COVID-19 It only took three months. Did the VA Benefit of the Doubt Rule just disappear? 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. I believe the two are connected. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. I told you at the beginning I wantto change your thinking. Copyright 2023 VA Claims Insider, LLC. 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 ?). Microsoft Word 2010 Also sinusitis, rhinitis, hypertension. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4
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5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r How to Get a 100 Percent VA Rating (if deserved)! I talked to several doctors and sleep experts. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. 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. 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. Also see our post What is a Service-Connected Disability? Jason Perkins, was my lawyer in a workers comp. We offer free resources and expertise to empower all Veterans. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ endstream
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I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Even if youve been denied before, its not too late! The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. 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. I cannot get the sleep apnea connected. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. 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. Everyone I came in contact with there was very nice. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! This is what is called the Nexus. Proving Service-Connection for Sleep Apnea. Since many things can cause sleep apnea (like diabetes, insulin resistance, sinus problems, deviated septum, acid reflux, PTSD, heart problems, stroke, prior injuries to the head and spine, anything that deviates the diaphragm like degenerative changes of the spine, and ascites from liver disease, cirrhosis or hepatitis c), if the veteran has service connection for any of those conditions then you can add the sleep apnea as being caused by those conditions. 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. 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. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Do You Owe Your Severance Pay Back to the VA? How to Connect Sleep Apnea to Military Service. Sounds easy enough, right? Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. 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. . Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Without a CPAP machine, the VA assigns a 30% rating. Your first step is to be absolutely sure about what type of apnea you have. Chris, thank you for the posts and training videos you are providing to veterans. If you have this condition, it causes the throat muscles to relax while sleeping. 203, San Jose, CA 95134 application/pdf Thats $901.83 a month. sleep apnea is DEADLY, my brother in law went out CAMPING. Its no secret, I have written THE book onhow to file a VAdisability claim for 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. Winning a VA Sleep Apnea is much harder. Your final VA Disability Rating for Insomnia depends upon the Top 5 Reasons for Obstructive Sleep Apnea Claim Denials (Plus OSA Service Connection Tips), Steps and Strategies: How to Prove Service Connection for Sleep Apnea, Step #1: Get a NEW Sleep Study (within the past 12 months), Step #2: Obtain a medical diagnosis of sleep apnea from a sleep specialist, Step #3: Get a nexus letter for sleep apnea from a credible independent medical professional, Lack of Medical Evidence is the #1 Reason VA Claims are Denied, Step #4: Consider secondary service connection instead of direct service connection, Secondary Service Connection Requirements. I was diagnosed with OSA 10 years after separation. When filing a VA disability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. Dont make the mistake so many other veterans have. Hot Dogs for Heroes 4th of July Event This Thursday! 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 VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . 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. 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. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Department of Veterans Affairs I cannot recommend Jason and his staff enough. I tried going it alone and the insurance carrier pushed me around. UNFORTUNATELY HE DIED.! For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. I have also had a stroke. I dont know if Im authorize a second run at the DRO or go straight to BVA. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. You cut off oxygen to the brain and blood, and other body systems break down. 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. While youmay have been a loud snorer or had other sleep difficulties in service that are normally associated with sleep apnea, if you are like most service members you probablydid not undergo a sleep study and get a formal diagnosis before your discharge from service. we represent clients nationwide. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. 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. Nexus is simply a connection or series of connections linking two or more things. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3
I awake countless time at night due to this. Thousands of other Veterans in our Community are here for you. Below is the schedule for rating . if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. 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. FREE tips for Veterans to stay A nexus letter is often the missing link in a VA claim. 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). Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. Check out the Sleep Apnea Field Manual. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. It's almost as much work - and it can often take as much dedication. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. 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.
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