Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. They were at all times attentive and on top of my case. Veterans Benefits Network-Sleep Apnea secondary to Service Connected If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. You will need strong lay evidence that establishes what symptoms you were having in service loud snoring, apneas (stopped breathing) followed by gasps for oxygen, dry mouth upon waking, daytime fatigue, etc. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. I talked to several doctors and sleep experts. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % put your Sleep Apnea Claim together right. Hot Dogs for Heroes 4th of July Event This Thursday! Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 67 0 obj <>stream My emphysema is connected. The VA disability ratings for Chronic Fatigue Syndrome are 10%, 20%, 40%, 60%, and 100% all dependent on the severity and other factors of your symptoms. 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. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! 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. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. My sleep apnea is worsened when I lie on my back and I still have loss of breath. They denied injections the doctor recommended to ease my pain. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. 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. application/pdf Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. In my book Put it to Rest! In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Your email address will not be published. * What if it wasnt diagnosed until years after service can I service connect it then? Once you are clear on the type of apnea, you should talk with your doctor further about what he or she thinks is the primary cause for it. 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. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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. 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). 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. Its almost as much work and it can often take as much dedication. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Unfortunately, VA does not always apply the law correctly. Your airway narrows and closes, leading to pauses in the breathing cycle. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. I told you at the beginning I wantto change your thinking. We can helpreach out so we can show you how. Theres lots of literature available to back it up. You're not alone. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Take advantage of a FREE VA Claim Discovery Call. 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. 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. Do I Need a CPAP Machine to be Service-Connected? 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. Both anxiety and depression can also be linked to sleep apnea. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. This is where I come in. I cannot recommend Jason and his staff enough. Battle of DUAL-EXPERTS Chris, you called it!!! I also have central and obstructive sleep apnea which has been denied service connection. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. The VA uses two options for rating most sleep apnea claims. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. 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. 2023-03-04T21:20:56-05:00 Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Save my name, email, and website in this browser for the next time I comment. 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. 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. Board of Veterans' Appeals ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ Andmy sleep study was not done in the military.. Making the Sausage: Heres what you need to know about new VA Claims regulations. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider 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. And you are going to have to presentit neatly andpersuasivelyto the VA. The question raised in this case is whether this "intermediate step" is limited to . This is what is called the Nexus. Worsening of symptoms after activities. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. injury case. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. A noticeable sign of obstructive sleep apnea is snoring. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) 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. I got a 50% rating. 8 0 obj Dear Mr Attig: 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. Chills and night sweats as well as low-grade fevers. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? I believe that the VA and BVA do not take Sleep Apnea seriously. We see that quite often with sleep apnea claims. What about PTSD? Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. Template for processing Decision or Remand Has camp Lejeune exposures been linked to sleep apnea? Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. 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. Estimate your 2023 VA Rating & Compensation for FREE! These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. A nexus letter is often the missing link in a VA claim. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. 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. 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. 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. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. If you are lucky, you start breathing again. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. That's what Veteran Lee G. did - Lee's VA claim changed when he read my Sleep Apnea book: "Chris gave me the knowledge to file a claim for 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. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. Direct service connection for sleep apnea may be granted for veterans who can show that their sleep apnea began in service using service medical records, and by providing a nexus opinion from a qualified medical professional that links sleep apnea to events or exposures in service. You can subscribe to his Veterans Disability channel on YouTube. 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. I disagree. BVA Decision Required fields are marked *. Allergies or sensitivities to foods, odors, chemicals, or noise. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. My claim was approved first time submitting. Thats what Sleep Apnea does while you are sleeping, you stop breathing. The first requirement which must be met to satisfy the VA is a sleep study. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! Of course, I dont give legal advice on the Veterans Law Blog. Why? Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. We would be happy to talk to you. For doing an awesome job. 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. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. 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. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. (In many cases, amedical expert report or opinion may be crucial to success). Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. In this article, well help you understand the top 5 reasons OSA claims are deniedand even better, what to do about it if youve received a denial for your OSA claim. * 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 youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Below is the schedule for rating disability for Chronic Fatigue Sundrome. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. 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. Need help claiming this crucial part of your claim? I read hundreds of cases. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. Most Veterans are not proving sleep apnea is service connected. endstream endobj startxref hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 Whats the VAs Problem with Sleep Apnea? Excessive daytime sleepiness is the most noticeable signal for those who live alone. 38 0 obj <> endobj Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Ann Margaret really took the time to explain things to me. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Department of Veterans Affairs Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. * How do I appeal the VAs denial of my Sleep Apnea? No proof of service connection (missing a nexus letter), #4 Lack of active-duty documentation and medical evidence, #5 Filing for direct service connection vs secondary service-connection (secondary to an already service-connected disability). 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. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream You are going to have to think through your case as objectively as you possibly can. 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. In our experience, if you did NOT have a sleep study while on active duty and you did not get a medical diagnosis of sleep apnea in the military, you should only attempt to service-connect your sleep apnea VA claim SECONDARY to another service-connected disability. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. entitlement to service connection for nerve damage to the bilateral lower extremities, to include as due to Gulf War illness, and, if so, whether the claim should be granted. However, the VA. Copyright 2023 VA Claims Insider, LLC. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. Tender lymph nodes usually in the neck and underarms. Nexus is simply a connection or series of connections linking two or more things. I recd another denial (3rd) Jun 30, 2017. How can you learn more about these things? 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. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. 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. If you have sleep apnea and sinusitis/rhinitis, your next step would be to get a doctors medical opinion supporting that your service-connected sinusitis/rhinitis caused or aggravates your sleep apnea. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. We are sorry that this post was not as useful for you! Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 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? If you have this condition, it causes the throat muscles to relax while sleeping. endobj 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. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. I have sleep apnea and emphysema. Give us a call at 800-477-9027 to see if we can help you. Your email address will not be published. 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. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. I can teach you how to do that. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. Were Veterans, just like you, whove learned how to navigate within the VA system. . The information contained on this web site is provided for informational purposes only and not legal advice. 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! 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. <>stream Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. 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. 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. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. Do You Owe Your Severance Pay Back to the VA? hTOo0| Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. %PDF-1.4 Your email address will not be published. Service connection on a secondary basis requires evidence of aggravation or causation.This requires that the secondary disability be shown to be proximately due to or proximately aggravated by another service-connected disability. VA Disability Ratings for Hypertension and Sleep Apnea How is Chronic Fatigue Syndrome Diagnosed? Or perhaps when they realize that Sleep Apnea is going to be as big an issue for our current generation of Veterans asAgent Orange related conditions are to Vietnam Veterans, they will take it seriously. Favorable BVA Case Law Precedent Example #2: That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. Sounds easy enough, right? How to File a Claim on VA.gov (step-by-step)! In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. No current sleep study within the last 12 months, #2. Its one thing to give you the ingredients for a chocolate cake. Even a previous diagnosis may not be accepted by the VA without a sleep study. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. Otherwise, I would properly ended up in mental health facility or going insane!!! 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. This is described as being foggy by patients. Your first step is to be absolutely sure about what type of apnea you have. Learn how your comment data is processed. But if your body cannot get sleep, you will die. 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 met with my expert who offered opinion on my behalf and she was amazed by the decision, but not surprise by the level in which the VA are denying veterans SP claims. There are 3 ways to get it: Chris, Will be some time before answer but getting all the info I can. Here are a few examples of how Sleep Apnea has affected Veterans from all different eras of service: * Don D. (he asked me not to use his real name) served mostly during the Cold War was in the best physical shape of his life he was an avid weight-lifter.
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