Learn how your comment data is processed. In my book Put it to Rest! They denied extra physical therapy. UNFORTUNATELY HE DIED.! Secondary Service Connection Hot Dogs for Heroes 4th of July Event This Thursday! 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. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. application/pdf I spent nearly a yearresearching Veterans and their Sleep Apnea claims. The most trusted name in education-based resources for Veterans. 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. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, Systemic Exertion Intolerance Disease (SEID), Presumption of Service Connection for Chronic Diseases, Common Symptoms of Chronic Fatigue Syndrome. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. Its an essential piece of evidence. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. How to Hire an Attorney For Your VA Claim or Appeal. And you are going to have to presentit neatly andpersuasivelyto the VA. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ * Can Agent Orange cause Sleep Apnea? What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. 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. Your voice is important especially when it comes to your own health care. 2023-03-04T21:20:56-05:00 * A good Lay and Medical presentation and assessment of the sleep apnea symptoms you have had from service, or service-discharge, to the present day. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Your first step is to be absolutely sure about what type of apnea you have. Your airway narrows and closes, leading to pauses in the breathing cycle. See our article Burn Pit Presumptive Conditions. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. Weight gain can be tied to several different conditions. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. I stated on my retirement physical that I sometimes have trouble sleeping at night. 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. about the threat of COVID-19 and Coronavirus. Of course, I dont give legal advice on the Veterans Law Blog. She has always had a passion for helping others and found inspiration from those she cared for. 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. *To prove your Sleep Apnea is service connected without a sleep study in the military? 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. Estimate your 2023 VA Rating & Compensation for FREE! Below is the schedule for rating . 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, My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. I talked to several doctors and sleep experts. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). 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. This is in order to be officially diagnosed. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. I recommend Perkins Law Firm. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. 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. Estimate your 2023 VA Rating & Compensation for FREE! If that is similar to your situation, how do you show that link (nexus) between what was going on with you during service and the actual diagnosis of obstructive sleep apnea you now have? Chills and night sweats as well as low-grade fevers. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Without a CPAP machine, the VA assigns a 30% rating. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. How to Connect Sleep Apnea to Military Service. We offer free resources and expertise to empower all Veterans. Sleep apnea can be your link or nexus for filing claims for: Sleep apnea is a high-value claim in the VA world of ratings. See id. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. Headaches which are new or have become worse. 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. Excessive daytime sleepiness is the most noticeable signal for those who live alone. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. 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. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. I have sleep apnea diagnosed by the VA sleep study. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. Learn more about us, Veterans Disability Claim There are 3 ways to get it: Chris, 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. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. Just had C& P exam for sleep apnea. Without a CPAP machine, the VA assigns a 30% rating. I am service connected for chronic sinusitis with a 30% rating. I cannot get the sleep apnea connected. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. 2023-03-04T21:20:56-05:00 solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! But most veterans are not service-connected for this sinus condition. Wc%X$(:ss!LCO^?4d *$ Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. 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. Has camp Lejeune exposures been linked to sleep apnea? When I turned my case over to Jason things turned around, QUICK. In fact, sleep deprivation is a common form of torture, as many of us know all too well. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r I talked to several doctors about the causes and limitations of sleep apnea. 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. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Here are the ingredients to a properlydeveloped claim for sleep apnea: *A solid foundation of Lay and Medical Evidence showing when sleep apnea first began to present in the Veterans life. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. Save my name, email, and website in this browser for the next time I comment. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. sleep apnea is DEADLY, my brother in law went out CAMPING. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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. That said, the key here is making the connection from service to diagnosis. 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. 3 Steps to Veteran Disability Benefits for Sleep Apnea, 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD, 3 Ways to Get a VA Rating for Insomnia (The Insiders Guide). The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. 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. You cut off oxygen to the brain and blood, and other body systems break down. A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness; Once service connection is awarded, sleep apnea is then rated under 38 CFR 4.97, Diagnostic Code 6847 - Sleep Apnea Syndromes (obstructive, central, mixed). Theres lots of literature available to back it up. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. I am also service connected for chronic bronchitis with a rating of 0 %. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. 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. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT Therefore, because the VA is particularly strict with claims regarding sleep apnea, it is highly recommended that you file your claim with as much evidence as you can obtain. Kim was very helpful and any time I had a question she made sure I got an answer. Will be some time before answer but getting all the info I can. yet assertive representation for our clients. 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 Allergies or sensitivities to foods, odors, chemicals, or noise. These pauses can happen several times an hour when the apnea is severe. 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. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. They denied injections the doctor recommended to ease my pain. Do I Need a CPAP Machine to be Service-Connected? Not presumptively. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. Whats the VAs Problem with Sleep Apnea? uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 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. lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k Veterans with CPAP machines have often fallen into the trap of believing that their use of the CPAP will be enough to qualify their claim with the VA. This field is for validation purposes and should be left unchanged. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
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