Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. Do I Need a CPAP Machine to be Service-Connected? He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Winning a VA Sleep Apnea is much harder. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. All Rights Reserved. They are ALL experiencing a Perfect Storm of Sleep Apnea problems: breathing disorders, mental health conditions, heart conditions and diabetes are all causing an epidemic of Sleep Apnea in our Vietnam Veterans. Favorable BVA Case Law Precedent Example #2: How to File a Claim on VA.gov (step-by-step)! Weight gain can be tied to several different conditions. I want you to think about the BEST path to proving that sleep apnea is service connected, and the BESTway to get the VA sleep apnea disability rating you are entitled to. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. Has camp Lejeune exposures been linked to sleep apnea? Weve supported more than 15,000 veterans to win their claims and increase their ratings. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. * WHAT evidencetouseandwhich path to Service Connectionto use. 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. Whats the VAs Problem with Sleep Apnea? yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. I can teach you how to do that. entitlement to service connection for nerve damage to the bilateral lower extremities, to include as due to Gulf War illness, and, if so, whether the claim should be granted. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 I told you at the beginning I wantto change your thinking. There are certain chronic diseases that a veteran may be presumptively entitled to if the disease manifests to a certain degree within a specified timeframe after the veterans period of, In todays society, hypertension is a common diagnosis for most veterans. Because of this all veterans hoping to receive a disability compensation rating from the VA should take the responsibility of connecting the dots for the claim themselves. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 My sleep apnea is worsened when I lie on my back and I still have loss of breath. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. While youmay have been a loud snorer or had other sleep difficulties in service that are normally associated with sleep apnea, if you are like most service members you probablydid not undergo a sleep study and get a formal diagnosis before your discharge from service. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. 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. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 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. FREE tips for Veterans to stay BVA Decision You are going to have to think through your case as objectively as you possibly can. How to Get a 100 Percent VA Rating (if deserved)! Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. We would be happy to talk to you. In fact, sleep deprivation is a common form of torture, as many of us know all too well. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Its an essential piece of evidence. 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. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). endobj 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. If you have this condition, it causes the throat muscles to relax while sleeping. 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. We are sorry that this post was not as useful for you! Proving Service-Connection for Sleep Apnea. put your Sleep Apnea Claim together right. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 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 filed NOD in early 2017 request an informal DRO. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. z`tsd#Ex>@"A"M@+5;$ Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Keep up the great work, and remember, the only way to lose is to give up! Hepatitis C also causes insulin resistance. Sounds easy enough, right? Contact Us c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v Unfortunately, VA does not always apply the law correctly. 2 0 obj 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. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT Your voice is important especially when it comes to your own health care. How can you learn more about these things? 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. I believe the two are connected. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! 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. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. 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. 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 ?). 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. Take advantage of a FREE VA Claim Discovery Call. 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. Camp Lejeune Lawsuit. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Youre welcome, Sam! At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Just think about our veterans from older eras. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Most Veterans are not proving sleep apnea is service connected. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. However, most of the time, sleep apnea is a secondary claim. 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. Thousands of other Veterans in our Community are here for you. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. But if your body cannot get sleep, you will die. 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. We see that quite often with sleep apnea claims. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. 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. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 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. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Please call for an appointment before visiting: Mail Processing Center: P.O. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea, result of other disorders or medical conditions, Sleep Apnea is going to be as big an issue for our current generation of Veterans. 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). Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. 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. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 They denied extra physical therapy. With lay evidence AND medical evidence. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Of course, I dont give legal advice on the Veterans Law Blog. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. 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. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. 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. 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). Ann Margaret really took the time to explain things to me. Heres 4 lessons I learned that I want to pass on to you if you can really learn and understand these lessons, you will have the power to really improve and service connect sleep apnea claims and appeals. 8 0 obj According to the VA law, there are three evidentiary elements that must be satisfied for sleep apnea conditions to prove secondary service connection: A medical diagnosis recorded in medical records of sleep apnea confirmed by a sleep study Evidence of PTSD as a service-connected primary disability 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. In the year thatI spent researching theSleep ApneaField Manual, I learned that there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea. We can helpreach out so we can show you how. As youve seen, claims for obstructive sleep apnea can be trickyyet important to pursue if youre suffering from this disability, so you can get the benefits you deserve and care you need. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Yi-bR :z>r6iFR 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. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . I cannot get the sleep apnea connected. 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!