Favorable BVA Case Law Precedent Example #2: UNFORTUNATELY HE DIED.! . Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3
THANK YOU AGAIN. endstream
endobj
39 0 obj
<>
endobj
40 0 obj
<>
endobj
41 0 obj
<>stream
Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. YEP!!! The most trusted name in education-based resources for Veterans. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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. 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. 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. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. yet assertive representation for our clients. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? 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). 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 ?). I talked to several doctors about the causes and limitations of sleep apnea. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. %PDF-1.4
%
I recommend Perkins Law Firm. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider 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. The question raised in this case is whether this "intermediate step" is limited to . However, this has been thoroughly disproven. 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. 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, Sleep apnea is a medically complex disorder. 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. And you are going to have to presentit neatly andpersuasivelyto the VA. Are you a veteran who suffers from sleep apnea? put your Sleep Apnea Claim together right. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. A noticeable sign of obstructive sleep apnea is snoring. Source: Department of Veteran Affairs Regional Office New Orleans, LA. 1 0 obj 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. 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. Is Sleep Apnea a Disability? A Guide for Veterans When filing a VA disability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. 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. 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. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim (FDC)so you can increase your rating faster! 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. application/pdf Sleep Apnea in Gulf War Veterans - Public Health Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Copyright 2023 VA Claims Insider, LLC. 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. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. 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 endstream
endobj
42 0 obj
<>stream
Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. Second example.lets say the veteran has service connection for PTSD. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. 38 0 obj
<>
endobj
The information contained on this web site is provided for informational purposes only and not legal advice. 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. Need a C&P exam for sleep apnea secondary to PTSD? Making the Sausage: Heres what you need to know about new VA Claims regulations. See our article Burn Pit Presumptive Conditions. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Why? VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. 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. sleep apnea is DEADLY, my brother in law went out CAMPING. 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. CFS is also known asSystemic Exertion Intolerance Disease (SEID)and Myalgic Encephalomyelitis (ME) is characterized by extreme fatigue without explanation from any other underlying condition. Veterans with CPAP machines have often fallen into the trap of believing that their use of the CPAP will be enough to qualify their claim with the VA. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 2020 Strategic Veteran 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. Cognitive training is important to be able to talk to someone about CFS and its limiting factors on life, and how to cope on a daily basis. 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. Template for processing Decision or Remand I recd another denial (3rd) Jun 30, 2017. Learn more about us, Veterans Disability Claim 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. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. 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. Learn how your comment data is processed. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0
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. 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. Your email address will not be published. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Even a previous diagnosis may not be accepted by the VA without a sleep study. The BEST Path to Proving Sleep Apnea is Service Connected. 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. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. 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. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). Any advice on getting sleep apnea service connected? Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. Required fields are marked *. 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. I read hundreds of cases. 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. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. How to Connect Sleep Apnea to Military Service. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. 38 U.S.C.A. 2 0 obj Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. 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. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. In our experience, most VA disability claims are won or lost based on medical evidence. Thousands of other Veterans in our Community are here for you. Just think about our veterans from older eras. NOW ITS YOUR TURN. How to Hire an Attorney For Your VA Claim or Appeal. The problem is that many disabilities that arise in service are not actually diagnosed in service. 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. 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. You will then need an expert medical opinion that shows these symptoms back then in service were probably sleep apnea even though you had not been diagnosed at the time. I have also had a stroke. See you on the inside! presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Also see our post What is a Service-Connected Disability? Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Therefore you should be well prepared before submitting your claim. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v The VA uses two options for rating most sleep apnea claims. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 How to File a Claim on VA.gov (step-by-step)! In my book Put it to Rest! There are 3 ways to get it: Chris, Of course, I dont give legal advice on the Veterans Law Blog. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. While proving service-connection for sleep apnea claim accepted is no longer as difficult as it once was, it still is wise to not take your chances and get it right the first time. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 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. Your voice is important especially when it comes to your own health care.
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. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. To find the definitive guide for service-connection for sleep apnea, check it out here. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. Yi-bR :z>r6iFR I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. 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. 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! In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. Please call for an appointment before visiting: Mail Processing Center: P.O. 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. Unfortunately, VA does not always apply the law correctly. 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . I talked to several doctors and sleep experts. Need help claiming this crucial part of your claim? Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. Everyone I came in contact with there was very nice. 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. The VA and frankly most of America still thinksof Sleep Apnea asa condition for theobese male with a big neck. They think wrongly that sleep apnea is not the kind of disability associated with a wounded warrior. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. If you need assistance in appealing your claim for CFS,let us know here! 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. and Coronavirus. They were at all times attentive and on top of my case. This field is for validation purposes and should be left unchanged. A medical opinion will be necessary to show these causative connection, and you will want to first service connect the sinusitis, and then argue that the OSA is secondary or argue that the OSA is secondary to the bronchitis. We see that quite often with sleep apnea claims. 2023-03-04T21:20:56-05:00 Like researchers that have been searching for the Holy Grail the harder they look, the less they find. The first requirement which must be met to satisfy the VA is a sleep study. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. 0
Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. However, if you use one, it does provide you with a higher rating. Since many things can cause sleep apnea (like diabetes, insulin resistance, sinus problems, deviated septum, acid reflux, PTSD, heart problems, stroke, prior injuries to the head and spine, anything that deviates the diaphragm like degenerative changes of the spine, and ascites from liver disease, cirrhosis or hepatitis c), if the veteran has service connection for any of those conditions then you can add the sleep apnea as being caused by those conditions. sleep apnea is not the kind of disability associated with a wounded warrior. She has always had a passion for helping others and found inspiration from those she cared for. I stated on my retirement physical that I sometimes have trouble sleeping at night. Service-Connected Sleep Apnea VA Claim | Strategic Veteran I think that far too many raters and BVA judges think of sleep apnea as made up medicine. <>stream I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. But if your doctor believes that your Sleep Apnea is somehow related to exposure to TCEs or benzene in the water at Camp Lejeune, then a good medical opinion would probably help you prove a direct service connection claim. This is a great group of people who really care about your well being. Just had C& P exam for sleep apnea. 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. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Obstructive sleep apnea (OSA) is the most common type of sleep apnea. 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. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. 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. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. As this represents a total grant . 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. 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. 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. This is where I come in. I only have 50 days to file NOD, or file a BVA appeal within 1 year. lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd
dx|F'bow+P2]yt?d(,"O49&ZSrN
Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! Hepatitis C also causes insulin resistance. * Can Agent Orange cause Sleep Apnea? . Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. However, there are more causes of Cardiomegaly than sleep apnea, so you will want a doctors medical opinoino as to whether your Cardiomegaly is related to a chronic sleep breathing disorder, or has some other origin. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches Do you have questions about how to service connect sleep apnea claims? Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Its over 165 pages long, and took 9 months of research. It only took three months. Local Wounded Veterans Gifted with Opportunities to Go Fishing. 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. See R. at 8-9.