If you have this condition, it causes the throat muscles to relax while sleeping. Sounds easy enough, right? His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. 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. 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. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. %PDF-1.4 % VA Disability Ratings for Sleep Disturbances | CCK Law Tender lymph nodes usually in the neck and underarms. 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. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Thats what Sleep Apnea does while you are sleeping, you stop breathing. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. Most Veterans are not proving sleep apnea is service connected. You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. Need a C&P exam for sleep apnea secondary to PTSD? We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Gulf War Illness and Presumptive Service Connection. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. A nexus letter is often the missing link in a VA claim. 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. 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. Just think about our veterans from older eras. *To prove your Sleep Apnea is service connected without a sleep study in the military? The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Any advice on getting sleep apnea service connected? Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). Weight gain can be tied to several different conditions. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 HWnH}W#zx 8Fb$vhjKLdRCR6-kf$}9u/U(XVX= eX5e2by=t-V?l*_?,?C&{u&Q,E1[x3")KYdXD@Q2+x."]}0uLB!_ne\Ya)y,"k"Q>bV7mWnXQn ZDE(WQ 8mSNMj;vwWoDL-y9mxC~`S3t|4[& S/.TWGaxUtbw>Hk :LfNo`BYL2%*{6GuTP rzY9y+%Koa(+Ja.'Xg All Rights Reserved. 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. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 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, 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. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. 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. This may be 20 or 30 years after the problems started. 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. endstream endobj startxref Scenario 2: The Veteran has a current diagnosis of sleep apnea. Please call for an appointment before visiting: Mail Processing Center: P.O. These pauses can happen several times an hour when the apnea is severe. If you need assistance in appealing your claim for CFS,let us know here! Both anxiety and depression can also be linked to sleep apnea. Therefore, a well-crafted nexus letter for sleep apnea is the single most crucial document a veteran can provide the VA adjudicator to help prove service connection on an at least as likely as not basis. 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. For instance, if you complain of being tired all the time your doctor may order blood tests to check for anemia, diabetes, and hypothyroidism all of which cause fatigue. 2023-03-04T21:20:56-05:00 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. <>stream *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. How to File a Claim on VA.gov (step-by-step)! 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. Both sinusitis and rhinitis are linked to sleep apnea. 203, San Jose, CA 95134 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). 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. You can lose your arms and legs and still survive. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. 38 0 obj <> endobj endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream THANK YOU AGAIN. I got a 50% rating. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. endstream put your Sleep Apnea Claim together right. 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. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. 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. I told you at the beginning I wantto change your thinking. The problem is that many disabilities that arise in service are not actually diagnosed in service. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. 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. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v See our tips on how to obtain a credible nexus letter. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. If you use a CPAP machine, then this should warrant a 50% rating. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. * Can I service connect sleep apnea without a sleep study in service? Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. Its an entirely different thing to mix those ingredients so that they turn into a cake. 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. Wc%X$(:ss!LCO^?4d *$ endobj The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. 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 have sleep apnea and emphysema. The best way to receive a VA disability compensation rating for sleep apnea is to provide the following information along with your claim: While the VA has begun to show a greater understanding of sleep apnea in veterans, the hard truth is that the VA has still not proven itself to accept the full range of how sleep apnea can manifest. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. San Jose, CA: 2880 Zanker Road, Ste. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> 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. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Youll need to make the call on direct service connection versus secondary service connection. The transmission of an email request for information does not create an attorney client relationship. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. If you are lucky, you start breathing again. Learn how your comment data is processed. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. * What if it wasnt diagnosed until years after service can I service connect it then?
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