We cant possibly cover each of those and the ways to service connect all of them in this one article. Proving Service-Connection for Sleep Apnea - VA Claims Insider To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. I cannot recommend Jason and his staff enough. Sleep apnea is a medically complex disorder. In order to help you with your secondary claim, we have put together this Insiders Guide! FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. My expert agreed to write a rebuttal opinion to the VAs expert. *To prove your Sleep Apnea is service connected without a sleep study in the military? Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! Proving Service-Connection for Sleep Apnea. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. 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. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. (6.[,P)BLd?8e:}]eS8Sx|
XvKdEP,Zbl65k8 x!KSToHjbrC. However, if you use one, it does provide you with a higher rating. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Without a CPAP machine, the VA assigns a 30% rating. 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. 8 0 obj document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! If you are hurt at work, this is the firm you want on YOUR side. Has camp Lejeune exposures been linked to sleep apnea? I have sleep apnea and emphysema. * How do I appeal the VAs denial of my Sleep Apnea? Save my name, email, and website in this browser for the next time I comment. He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM. Also sinusitis, rhinitis, hypertension. 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. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. Whats the VAs Problem with Sleep Apnea? I recd another denial (3rd) Jun 30, 2017. 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. 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. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 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. Viet Nam Vet. 1 0 obj 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. application/pdf Because of this all veterans hoping to receive a disability compensation rating from the VA should take the responsibility of connecting the dots for the claim themselves. 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 Even if yours is obstructive sleep apnea like we discussed here, there are still other ways to service connection other than proving you had sleep apnea in service. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Do You Owe Your Severance Pay Back to the VA? And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4
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5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r Also see our post What is a Service-Connected Disability? 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. 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. What about PTSD? Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. NOW ITS YOUR TURN. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. * WHAT evidencetouseandwhich path to Service Connectionto use. 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. There are three primary ways for veterans to get a sleep study: Once youve finished your sleep study, its important to review your results with a sleep specialist to confirm whether you have a medical diagnosis of sleep apnea. Thousands of other Veterans in our Community are here for you. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Keep up the great work, and remember, the only way to lose is to give up! 201 Bankhead Highway, Carrollton GA 30117770-285-1198. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. 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. 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. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. 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. Do you have questions about how to service connect sleep apnea claims? See you on the inside! As a matter of fact, it may be easier to substantiate with medical records that the sleep apnea symptoms started after the diagnosis of diabetes. Andmy sleep study was not done in the military.. about the threat of COVID-19 and Coronavirus. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. 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. The VA classifies Sleep Apnea as a disability for which compensation is granted. I dont know if Im authorize a second run at the DRO or go straight to BVA. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c If there is a way for us to improve our claims to get more granted for Vets with "GWI", rest assured, you will find it on the Veterans Law Blog. and Coronavirus. Estimate your 2023 VA Rating & Compensation for FREE! 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. There are three types, obstructive, central, and mixed. UNFORTUNATELY HE DIED.! So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. 3. To find the definitive guide for service-connection for sleep apnea, check it out here. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). 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 ?). 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. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. 2023-03-04T21:20:56-05:00 Take advantage of a FREE VA Claim Discovery Call. 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 email address will not be published. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. How to Get a 100 Percent VA Rating (if deserved)! I did not have a va physical until about 13 years after seperation from service. I talked to several doctors and sleep experts. 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). 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. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Thats $901.83 a month. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Winning a VA Sleep Apnea is much harder. How to File a Claim on VA.gov (step-by-step)! Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. They think of Sleep Apnea as a disease of the obese, and then they tell them one of the big Fairy Tales about VA Claims. How you mix them is the hard part. Worsening of symptoms after activities. 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. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). * The importance ofamedical expert opinion in your Sleep Apnea claim. However, the VA. 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. 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. Your email address will not be published. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. I am service connected for chronic sinusitis with a 30% rating. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. 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. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. In our experience, most VA disability claims are won or lost based on medical evidence. 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! We can helpreach out so we can show you how. Instead, lets focus on one type of sleep apnea claim our firm has recently worked on to illustrate just oneof the ways to prove service connection of obstructive sleep apnea. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. In our experience, if you did NOT have a sleep study while on active duty and you did not get a medical diagnosis of sleep apnea in the military, you should only attempt to service-connect your sleep apnea VA claim SECONDARY to another service-connected disability. Even if youve been denied before, its not too late! 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. sleep apnea is not the kind of disability associated with a wounded warrior. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. Everyone I came in contact with there was very nice. And that means you are going to have to think through your sleep apnea claim. 38 U.S.C.A. Winning a VA claim to service connect sleep apnea is hard. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. 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. His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. Making the Sausage: Heres what you need to know about new VA Claims regulations. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. Winning a VA Sleep Apnea is much harder. Honestly, they are just saying it. Otherwise, I would properly ended up in mental health facility or going insane!!! Favorable BVA Case Law Precedent Example #2: Weve supported more than 15,000 veterans to win their claims and increase their ratings. If you use a CPAP machine, then this should warrant a 50% rating. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. All Rights Reserved. There are three components to proving direct service connection for any VA disability claim: For the legal principles of direct service connection, see 38 CFR 3.303. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. 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. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. SvKve5.YmPE}=;vpb -GW2RN Want More Information about VA Sleep Apnea? You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. I filed NOD in early 2017 request an informal DRO. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. Secondary Service Connection It is the only thing that kept in the fight and especially it keeps sane and focus. hTOo0| 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. I have also had a stroke. I want you to think about the BEST path to proving that sleep apnea is service connected, and the BESTway to get the VA sleep apnea disability rating you are entitled to. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. OSA secondary to PTSD (or other mental health claim) is a more challenging claim to make, but it is still a top candidate for secondary service connection of sleep apnea. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. Second example.lets say the veteran has service connection for PTSD. %%EOF
(In many cases, amedical expert report or opinion may be crucial to success). Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). 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.