service connection for sleep apnea is granted

Required fields are marked *. 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. FREE tips for veterans to stay protected, calm and informed 2 0 obj document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. How can you learn more about these things? Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. The question raised in this case is whether this "intermediate step" is limited to . Either way, Veterans have an uphill fight to get their sleep apnea service-connected. 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. 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. 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). Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. See our tips on how to obtain a credible nexus letter. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. Department of Veterans Affairs 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. Learn more about us, Veterans Disability Claim How to Connect Sleep Apnea to Military Service. See you on the inside! The first requirement which must be met to satisfy the VA is a sleep study. 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. We would be happy to talk to you. Even a previous diagnosis may not be accepted by the VA without a sleep study. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 They were at all times attentive and on top of my case. 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. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. 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 For example, if a veteran has service connection for diabetes caused by agent orange and it is a well known fact that diabetes can cause sleep apnea, then you should be able to add it to the claim. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Some of the most common symptoms of sleep apnea include: People who suffer from sleep apnea are often unaware of the breathing disturbances, finding out about them from a bed partner or roommate. If you are hurt at work, this is the firm you want on YOUR side. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. Learn how your comment data is processed. There is evidence of sleep breathing problems in-service, in the Veterans service medical records, or lay evidence of these problems during the period of military service, but no diagnosis of Sleep Apnea in-service. 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. 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. How to File a Claim on VA.gov (step-by-step)! 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. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Tender lymph nodes usually in the neck and underarms. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) The most trusted name in education-based resources for Veterans. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. 2017-05-30T18:09:36-04:00 Did the VA Benefit of the Doubt Rule just disappear? Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg Its an essential piece of evidence. Scenario 2: The Veteran has a current diagnosis of sleep apnea. Its almost as much work and it can often take as much dedication. Keep us posted Im eager to hear how it turns out! Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. YEP!!! Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. We see that quite often with sleep apnea claims. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law. 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. Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. * How the VA willrate your sleep apnea condition after granting Service Connection. I understand you want your VA claim to be done as quickly as possible. 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. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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. Do You Owe Your Severance Pay Back to the VA? 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. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 %PDF-1.4 IN THE APPEAL OF . Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. You're not alone. 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. The information contained on this web site is provided for informational purposes only and not legal advice. Need help claiming this crucial part of your claim? 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. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! I cannot recommend Jason and his staff enough. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. I have a diagnosis and a CPAPwhy arent they granting my claim?. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Your email address will not be published. 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. 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. 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. They denied extra physical therapy. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. There are certain chronic diseases that a veteran may be presumptively entitled to if the disease manifests to a certain degree within a specified timeframe after the veterans period of, In todays society, hypertension is a common diagnosis for most veterans. These pauses can happen several times an hour when the apnea is severe. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. 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. 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. . You can lose your arms and legs and still survive. 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. 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 ?). This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Your email address will not be published. Below is the schedule for rating disability for Chronic Fatigue Sundrome. San Jose, CA: 2880 Zanker Road, Ste. Kim was very helpful and any time I had a question she made sure I got an answer. Instead, the leading cause of sleep apnea is weight gain. Headaches which are new or have become worse. Sounds easy enough, right? If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. 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. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. For instance, the rating criteria for 100% disability rating for chronic fatigue syndrome detailing debilitating and incapacitating fatigue, cognitive impairments, or a mixture of other similar symptoms severe enough to restrict your daily life and self-care significantly. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ 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. 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. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Template for processing Decision or Remand People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. See R. at 8-9. injury case. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 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. There are three types, obstructive, central, and mixed. 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. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. Excessive daytime sleepiness is the most noticeable signal for those who live alone. Therefore you should be well prepared before submitting your claim. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. NOT GOING TO GIVE UP, I filed a FOIA for a copy VA experts opinion in preparation for another NOD, this time Im requesting a formal face to face meeting with DRO. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Need a C&P exam for sleep apnea secondary to PTSD? In order to help you with your secondary claim, we have put together this Insiders Guide! <>stream 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! 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. 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. 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. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. This field is for validation purposes and should be left unchanged. 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, However, the VA. * 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. You are going to have to get a LOT of 5-Star Evidence. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 Copyright 2023 VA Claims Insider, LLC. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w * WHAT evidencetouseandwhich path to Service Connectionto use. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). The most trusted name in education-based resources for Veterans. The polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. 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. If you use a CPAP machine, then this should warrant a 50% rating. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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.

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