What Happened To Boccieri Golf, Mcclure Twins Lipstick Alley, Michael Beschloss Family Photos, Bayshore Hospital Visiting Hours, Articles S

. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Its an entirely different thing to mix those ingredients so that they turn into a cake. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. Your voice is important especially when it comes to your own health care. fight to get their sleep apnea service-connected. 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. In the U.S. it has been acknowledged that more education needs to be provided to doctors and nurses to give them the skills to detect CFS sooner for the well being of the patient. 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. Learn how your comment data is processed. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. 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. Heres what the 38CFR lists for sleep apnea: Once sleep apnea is service-connected, this opens the door for you to file other secondary claims you may want to make. Dont make the mistake so many other veterans have. 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 ?). 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. Below is the schedule for rating disability for Chronic Fatigue Sundrome. I also have central and obstructive sleep apnea which has been denied service connection. The most trusted name in education-based resources for Veterans. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Also see our post What is a Service-Connected Disability? 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. 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. 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 question raised in this case is whether this "intermediate step" is limited to . And you are going to have to presentit neatly andpersuasivelyto the VA. Nexus is simply a connection or series of connections linking two or more things. Please call for an appointment before visiting: Mail Processing Center: P.O. I told you at the beginning I wantto change your thinking. In my book Put it to Rest! Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. *To prove your Sleep Apnea is service connected without a sleep study in the military? At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. endstream Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. See id. 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! Its almost as much work and it can often take as much dedication. Heres 4 lessons I learned that I want to pass on to you if you can really learn and understand these lessons, you will have the power to really improve and service connect sleep apnea claims and appeals. 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. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Do you have questions about how to service connect sleep apnea claims? * Can Agent Orange cause Sleep Apnea? Your first step is to be absolutely sure about what type of apnea you have. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! It's almost as much work - and it can often take as much dedication. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w While an OSA disability claim secondary to sinusitis/rhinitis is an easier path, veterans who are service-connected for PTSD (or other mental health conditions) are eligible for secondary service connection for their sleep apnea, and its possible to achieve an OSA disability claim secondary to PTSD with the right strategy and credible medical evidence. Required fields are marked *. The rate was a staggering 22%. Digestion issues like IBS (irritable bowel syndrome). All Rights Reserved. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices endobj No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. Whats the VAs Problem with Sleep Apnea? Need help claiming this crucial part of your claim? Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. We offer free resources and expertise to empower all Veterans. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. I did not have a va physical until about 13 years after seperation from service. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Take advantage of a FREE VA Claim Discovery Call. application/pdf Did the VA Benefit of the Doubt Rule just disappear? Microsoft Word 2010 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. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Did the VA Benefit of the Doubt Rule just disappear? 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 field is for validation purposes and should be left unchanged. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. The first requirement which must be met to satisfy the VA is a sleep study. This is what is called the Nexus. Otherwise, I would properly ended up in mental health facility or going insane!!! Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 4 0 obj I am service connected for chronic sinusitis with a 30% rating. The VA classifies Sleep Apnea as a disability for which compensation is granted. 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. Need a C&P exam for sleep apnea secondary to PTSD? This field is for validation purposes and should be left unchanged. Below is the schedule for rating . Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. We cant possibly cover each of those and the ways to service connect all of them in this one article. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. I recommend Perkins Law Firm. However, this has been thoroughly disproven. If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. 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. 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.. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Were Veterans, just like you, whove learned how to navigate within the VA system. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 And that means you are going to have to think through your sleep apnea claim. By doing this your claim will have the best chance possible. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process. 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. VA Claims insider is an education-based coaching/consulting company. Not only does the VA provide compensation, but once you receive a service-connection for it, it provides a way to get other disabilities to service-connected. 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. This is in order to be officially diagnosed. 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. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. Our firm was founded in 1986 in Orlando, Florida. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. VA claim for sleep apnea denied? 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. 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. 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. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. The problem is that many disabilities that arise in service are not actually diagnosed in service. 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. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( without his BI-PAP MACHINE,one up from CPAP,which i have. But most veterans are not service-connected for this sinus condition. z`tsd#Ex>@"A"M@+5;$ 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. Take a look at the Sleep Apnea eBook when it comes out I think you will find a lot of informaiton that will help you understand better the many different paths and proofs for service connection of Sleep Apnea. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. The question raised in this case is whether this "intermediate step" is limited to . 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. 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. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. endobj Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. 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. * What if it wasnt diagnosed until years after service can I service connect it then? Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. injury case. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. 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. A nexus letter is often the missing link in a VA claim. Also, to check for the cause of fatigue a doctor may do physical examinations such as an exercise stress test to check on the function of the heart and lungs. I have sleep apnea and emphysema. Both sinusitis and rhinitis are linked to sleep apnea. Your airway narrows and closes, leading to pauses in the breathing cycle. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. 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. Are you a veteran who suffers from sleep apnea? This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. 38 0 obj <> endobj Many Veterans suffering from emotional distress overeat and lack the motivation to work out. 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. <>stream Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Without a CPAP machine, the VA assigns a 30% rating. 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! Symptoms can become worse with exertion by either physical or mental activity, such as going shopping and having to take a nap in the car before driving home, or staying on task at work and needing the evenings and weekends to recover, taking a shower and becoming bed bound for a couple of days afterward. 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. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim.