service connection for sleep apnea is granted

Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. You DESERVE a HIGHER VA rating.WE CAN HELP. Please call for an appointment before visiting: Mail Processing Center: P.O. In fact, sleep deprivation is a common form of torture, as many of us know all too well. The question raised in this case is whether this "intermediate step" is limited to . Did the VA Benefit of the Doubt Rule just disappear? Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider 0 My emphysema is connected. Microsoft Word 2010 I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. * 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. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. However, if you use one, it does provide you with a higher rating. They were at all times attentive and on top of my case. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. I disagree. Those are the ingredients. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 VA Disability for Sleep Apnea: Proving Service Connection In our experience, OSA denials are almost always due to one or more of these five gaps: Fortunately, there are simple strategies you can employ to address these factorseven if the VA has already denied your VA claim for sleep apnea. The VA uses two options for rating most sleep apnea claims. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. Veterans Benefits Network-Sleep Apnea secondary to Service Connected VA initially denied (1ST) my SA claim in 2014, I became a premium member in 2015 and followed your training guides step by step, medical expert opinion, 10 sworn declaration statements by family members, co-workers in service and post-service. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Youre arent alone. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 Without a CPAP machine, the VA assigns a 30% rating. endobj The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. 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. Sleep apnea is a medically complex disorder. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. * How the VA willrate your sleep apnea condition after granting Service Connection. But if your body cannot get sleep, you will die. Favorable BVA Case Law Precedent Example #2: Are you a veteran who suffers from sleep apnea? 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. Sleep Apnea in Gulf War Veterans - Public Health Template for processing Decision or Remand * How do I appeal the VAs denial of my Sleep Apnea? This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. San Jose, CA: 2880 Zanker Road, Ste. 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. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. * What if it wasnt diagnosed until years after service can I service connect it then? *To prove your Sleep Apnea is service connected without a sleep study in the military? =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! All Rights Reserved. These pauses can happen several times an hour when the apnea is severe. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Local Wounded Veterans Gifted with Opportunities to Go Fishing. I am also service connected for chronic bronchitis with a rating of 0 %. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. 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. 203, San Jose, CA 95134 If you are hurt at work, this is the firm you want on YOUR side. How to Get a 100 Percent VA Rating (if deserved)! The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Making the Sausage: Heres what you need to know about new VA Claims regulations. Your email address will not be published. How to File a Claim on VA.gov (step-by-step)! Just think about our veterans from older eras. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Secondary Service Connection 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. and Coronavirus. With lay evidence AND medical evidence. 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. I believe that the VA and BVA do not take Sleep Apnea seriously. Take advantage of a FREE VA Claim Discovery Call. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. However, this has been thoroughly disproven. 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. I cannot get the sleep apnea connected. That is how I suggest you handle this situation. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. 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. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c Like researchers that have been searching for the Holy Grail the harder they look, the less they find. caused or made worse by your active duty military service OR. 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. Yi-bR :z>r6iFR Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. 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. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. I cannot recommend Jason and his staff enough. How to Connect Sleep Apnea to Military Service. Do You Owe Your Severance Pay Back to the VA? We see that quite often with sleep apnea claims. 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. 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. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). 8 0 obj Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Camp Lejeune Lawsuit. Its an entirely different thing to mix those ingredients so that they turn into a cake. 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. 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. Learn how your comment data is processed. endobj Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! Anxiety and depression can interfere with sleep patterns. VA Disability Claim Timeline For Active Duty Members & Veterans, Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy, Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine, Asymptomatic but with documented sleep disorder breathing. 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. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Keep us posted Im eager to hear how it turns out! Both anxiety and depression can also be linked to sleep apnea. Second example.lets say the veteran has service connection for PTSD. I filed NOD in early 2017 request an informal DRO. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. Veterans whoare looking for the easy way to get sleep apnea service-connected will not find it in my opinion, there is no such thing. 2 0 obj Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Thats what Sleep Apnea does while you are sleeping, you stop breathing. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. . I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library without his BI-PAP MACHINE,one up from CPAP,which i have. (In many cases, amedical expert report or opinion may be crucial to success). Sounds easy enough, right? Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. When I turned my case over to Jason things turned around, QUICK. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. Physical therapy can be given to help maintain and improve mobility. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v put your Sleep Apnea Claim together right. (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)! 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. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 2023-03-04T21:20:56-05:00 Even a previous diagnosis may not be accepted by the VA without a sleep study. * Damage to the brain from a TBI (Traumatic Brain Injury). While we still have our home base in Florida, 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. Instead, the leading cause of sleep apnea is weight gain. Copyright 2023 VA Claims Insider, LLC. 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. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. 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. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. You only need to establish that your sleep apnea is at least as likely as not: A nexus letter is an evidence-based document prepared by a medical professional that helps to establish a connection between the veterans current disability and either military service (for direct service connection) or another rated disability (for secondary service connection). I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. 67 0 obj <>stream In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. The VA classifies Sleep Apnea as a disability for which compensation is granted. The first requirement which must be met to satisfy the VA is a sleep study. 2023-03-04T21:20:56-05:00 38 0 obj <> endobj For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 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. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Tender lymph nodes usually in the neck and underarms. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Its an essential piece of evidence. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. See R. at 8-9. Worsening of symptoms after activities. Its one thing to give you the ingredients for a chocolate cake. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. Is Sleep Apnea Could Be a Service-Connected VA Disability? . 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. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. 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. Thats what Veteran Lee G. did Lees VA claim changed when he read my Sleep Apnea book: Chris gave me the knowledge to file a claim for Sleep Apnea. * SeveralDesert Storm, OIF, and OEF Clients have hadTraumatic Brain Injuries whichinterfere with how their Nervous System works, and as a result, have a different kind of Sleep Apnea (oversimplified, where the brains signals to breathe dont make it through to the lungs). 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? Why? This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. How can you learn more about these things? No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. It's almost as much work - and it can often take as much dedication. 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. Service-Connected Sleep Apnea VA Claim | Strategic Veteran I believe the two are connected. I tried going it alone and the insurance carrier pushed me around. * Can I service connect sleep apnea without a sleep study in service? Many veterans receive wrongful denials when they apply for service connection for sleep apnea. 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. 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. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. This is a great group of people who really care about your well being. This may be 20 or 30 years after the problems started. Since that time, we have provided compassionate This field is for validation purposes and should be left unchanged. Thats $901.83 a month. For example, if a veteran has service connection for diabetes caused by agent orange and it is a well known fact that diabetes can cause sleep apnea, then you should be able to add it to the claim. When filing a VAdisability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. Therefore you should be well prepared before submitting your claim. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea, to include as secondary to the For instance, the rating criteria for 100% disability rating for chronic fatigue syndrome detailing debilitating and incapacitating fatigue, cognitive impairments, or a mixture of other similar symptoms severe enough to restrict your daily life and self-care significantly. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. <>stream Wc%X$(:ss!LCO^?4d *$ VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. %PDF-1.4 endobj 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.

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