I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Want More Information about VA Sleep Apnea? As a fellow disabled Veteran this is shameful and Im on a mission to change it. 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. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. 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. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. Sleep Apnea in Gulf War Veterans - Public Health 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. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. Jason Perkins, was my lawyer in a workers comp. If you have this condition, it causes the throat muscles to relax while sleeping. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. You can lose a kidney, and live a full and complete life. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. You're not alone. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. If you need assistance in appealing your claim for CFS,let us know here! Estimate your 2023 VA Rating & Compensation for FREE! 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. I cannot get the sleep apnea connected. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. 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). In our experience, most VA disability claims are won or lost based on medical evidence. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. sleep apnea is DEADLY, my brother in law went out CAMPING. (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)! 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.. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! I have had cardiomegly X-rays while on active duty. BVA Decision 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. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Required fields are marked *. 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 Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. fight to get their sleep apnea service-connected. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. But if your doctor believes that your Sleep Apnea is somehow related to exposure to TCEs or benzene in the water at Camp Lejeune, then a good medical opinion would probably help you prove a direct service connection claim. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. . VA Disability Ratings for Hypertension and Sleep Apnea Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. . Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters. 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. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Winning a VA claim to service connect sleep apnea is hard. Tender lymph nodes usually in the neck and underarms. * The importance ofamedical expert opinion in your Sleep Apnea claim. yet assertive representation for our clients. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. 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. Your email address will not be published. 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. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. Youll need to make the call on direct service connection versus secondary service connection. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. How to Get a 100 Percent VA Rating (if deserved)! Make sure to have your sleep study done. 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. Viet Nam Vet. The transmission of an email request for information does not create an attorney client relationship. My sleep apnea is worsened when I lie on my back and I still have loss of breath. Dear Mr Attig: The most trusted name in education-based resources for Veterans. I did not have a va physical until about 13 years after seperation from service. How to Service Connect Chronic Fatigue Syndrome Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. 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. 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. The question raised in this case is whether this "intermediate step" is limited to . Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Everyone I came in contact with there was very nice. Ill also show you: * The problem with your particular type of Sleep Apnea from the VAs perspective, * The Key Question to be resolved in EACH scenario, * Solutions to the Most Common Errors in Sleep Apnea claims. Our firm was founded in 1986 in Orlando, Florida. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? However, if you use one, it does provide you with a higher rating. 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. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. The problem is that many disabilities that arise in service are not actually diagnosed in service. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2016 - VeteransLawBlog.org - All Rights Reserved | Terms & Conditions | Legal Disclaimer, The Veterans Law Blog is NOT a law firm. Youre arent alone. I dont know if Im authorize a second run at the DRO or go straight to BVA. In order to establish direct service connection for sleep apnea, a claimant must show that they have: a current, diagnosis of sleep apnea an in-service event or illness/injury a medical nexus or link that shows the veteran's sleep apnea is related to their in-service event, injury/illness. Anxiety and depression can interfere with sleep patterns. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. Has camp Lejeune exposures been linked to sleep apnea? Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. Estimate your 2023 VA Rating & Compensation for FREE! Wc%X$(:ss!LCO^?4d *$ If you use a CPAP machine, then this should warrant a 50% rating. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. If you are already service-connected for your knees or your back, you are likely not as active as you once were. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. 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 Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? Otherwise, I would properly ended up in mental health facility or going insane!!! I filed NOD in early 2017 request an informal DRO. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. By doing this your claim will have the best chance possible. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. How to Hire an Attorney For Your VA Claim or Appeal. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 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.. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . My claim was approved first time submitting. 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. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. If you have sleep apnea and sinusitis/rhinitis, your next step would be to get a doctors medical opinion supporting that your service-connected sinusitis/rhinitis caused or aggravates your sleep apnea. I have a diagnosis and a CPAPwhy arent they granting my claim?. 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. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Also see our post What is a Service-Connected Disability? FREE tips for veterans to stay protected, calm and informed hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 See R. at 8-9. 38 U.S.C.A. Not presumptively. You are going to have to get a LOT of 5-Star Evidence. 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. 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. 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.