Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. The first requirement which must be met to satisfy the VA is a sleep study. VA Claims insider is an education-based coaching/consulting company. I did not have a va physical until about 13 years after seperation from service. %PDF-1.4 % One step at a time, one claim at a time, one veteran at a time.we vets are winning!! (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)! Your voice is important especially when it comes to your own health care. endobj 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. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. I have a diagnosis and a CPAPwhy arent they granting my claim?. By showing that the sleep apnea was proximately caused or proximately aggravated by another service-connected disability you have a better chance of building your claim. Sounds easy enough, right? Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. VA claim for sleep apnea denied? 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. Wc%X$(:ss!LCO^?4d *$ Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). It only took three months. No current sleep study within the last 12 months, #2. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Without a CPAP machine, the VA assigns a 30% rating. You will then need an expert medical opinion that shows these symptoms back then in service were probably sleep apnea even though you had not been diagnosed at the time. 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. Its an essential piece of evidence. 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. 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). If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. THANK YOU AGAIN. 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. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. Weight gain can be tied to several different conditions. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w 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. Proving Service-Connection for Sleep Apnea. Since there is no cure for CFS the treatment focuses on relief of the symptoms. 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. Your airway narrows and closes, leading to pauses in the breathing cycle. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. Nexus is simply a connection or series of connections linking two or more things. Its almost as much work and it can often take as much dedication. endstream Is Sleep Apnea Could Be a Service-Connected VA Disability? That is how I suggest you handle this situation. You can lose your arms and legs and still survive. 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. application/pdf Allergies or sensitivities to foods, odors, chemicals, or noise. 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. She has always had a passion for helping others and found inspiration from those she cared for. 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). Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. 56 0 obj <>/Filter/FlateDecode/ID[<729BA82B1983FD4B95AA1B8BF2E87A7F>]/Index[38 30]/Info 37 0 R/Length 93/Prev 108595/Root 39 0 R/Size 68/Type/XRef/W[1 3 1]>>stream Ann Margaret really took the time to explain things to me. As this represents a total grant . Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Viet Nam Vet. The transmission of an email request for information does not create an attorney client relationship. Making the Sausage: Heres what you need to know about new VA Claims regulations. Has camp Lejeune exposures been linked to sleep apnea? There are three types, obstructive, central, and mixed. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. 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. And that means you are going to have to think through your sleep apnea claim. Also see our post What is a Service-Connected Disability? Below is the schedule for rating disability for Chronic Fatigue Sundrome. My expert agreed to write a rebuttal opinion to the VAs expert. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. They were at all times attentive and on top of my case. 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. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 In fact, sleep deprivation is a common form of torture, as many of us know all too well. 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! c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v High blood pressure or hypertension can be easily developed due to stress acquired in active duty. 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. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. Theres lots of literature available to back it up. Did the VA Benefit of the Doubt Rule just disappear? 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, 4 Lessons You Need to Learn to Service Connect Sleep Apnea. We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you. Contact Us You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Dear Mr Attig: Not presumptively. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. Below is the schedule for rating . 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. 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. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices A nexus letter is often the missing link in a VA claim. 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. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! If you are hurt at work, this is the firm you want on YOUR side. See you on the inside! Chris, thank you for the posts and training videos you are providing to veterans. Sleep apnea is a medically complex disorder. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. Otherwise, I would properly ended up in mental health facility or going insane!!! I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. 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. But most veterans are not service-connected for this sinus condition. 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. Joints and muscles can have a lot of pain during flare-ups, and, due to the fatigue, mobility may not be something a patient can easily do. Everyone I came in contact with there was very nice. injury case. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ endstream endobj 42 0 obj <>stream UNFORTUNATELY HE DIED.! For doing an awesome job. I told you at the beginning I wantto change your thinking. The most important thing to keep in mind is that, no matter what the VA may tell you, the law does allow for VA disability for sleep apnea. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library Even if youve been denied before, its not too late! 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. When Daniel laid it out and told me almost specifically, "Here's your timeline, here's how you do it, "here's what you do, here's what you need, "here are the things that you need," that sealed the deal. 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.