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Even a previous diagnosis may not be accepted by the VA without a sleep study. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( 4 0 obj In order to help you with your secondary claim, we have put together this Insiders Guide! 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. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. By law, there are three evidentiary elements that must be satisfied for sleep apnea secondary conditions to prove secondary service connection: The first part can be satisfied with any existing medical evidence service treatment records, VA medical records, or any private medical records, assuming you do have a diagnosis of sleep apnea. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % injury case. 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 2023-03-04T21:20:56-05:00 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. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. I was diagnosed with OSA 10 years after separation. . A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. The question raised in this case is whether this "intermediate step" is limited to . If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. endstream endobj 42 0 obj <>stream Are you a veteran who suffers from sleep apnea? The VA uses two options for rating most sleep apnea claims. See our tips on how to obtain a credible nexus letter, Both sinusitis and rhinitis are linked to sleep apnea, Emerging research indicates a strong association between PTSD and sleep apnea, You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Disrupted breathing in which a persons respiration can become labored or even stop for up to a minute at a time, Limited attention span or difficulty thinking clearly, Snoring, including snoring that is especially loud and involves gasping, choking, or snorting that may cause a person to briefly wake up, #1. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Why? This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. 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, Headaches which are new or have become worse. I have sleep apnea diagnosed by the VA sleep study. 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. This is a great group of people who really care about your well being. If you are already service-connected for your knees or your back, you are likely not as active as you once were. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Learn how your comment data is processed. You DESERVE a HIGHER VA rating.WE CAN HELP. You are going to have to think through your case as objectively as you possibly can. I dont know if Im authorize a second run at the DRO or go straight to BVA. Jason Perkins, was my lawyer in a workers comp. 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. I have sleep apnea and emphysema. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 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. San Jose, CA: 2880 Zanker Road, Ste. 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. See id. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. 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. 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. 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. 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? Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. As a fellow disabled Veteran this is shameful and Im on a mission to change it. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. For a true diagnosis of CFS the patient must also have one of the two following symptoms: There are other symptoms that some but not all experience: Diagnosis of Chronic Fatigue Syndrome can be a bit tricky and understandably so because there is no set test to make the determination. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. % Scenario 1: Diagnosis of Sleep Apnea First Occurs a Long Time after Service, with no evidence of sleep-breathing problems in the Military Service, or Military Medical, records. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! * How the VA willrate your sleep apnea condition after granting Service Connection. 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. Unfortunately, VA does not always apply the law correctly. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 How can you learn more about these things? You can lose your arms and legs and still survive. Dear Mr Attig: But if your body cannot get sleep, you will die. There are three types, obstructive, central, and mixed. 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. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 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. 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. 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. Hot Dogs for Heroes 4th of July Event This Thursday! The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! 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. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. I disagree. The question raised in this case is whether this "intermediate step" is limited to . 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 have had cardiomegly X-rays while on active duty. I tried going it alone and the insurance carrier pushed me around. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. How to Hire an Attorney For Your VA Claim or Appeal. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. 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. I believe that the VA and BVA do not take Sleep Apnea seriously. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. I cannot recommend Jason and his staff enough. Making the Sausage: Heres what you need to know about new VA Claims regulations. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. %PDF-1.4 % %%EOF If you use a CPAP machine, then this should warrant a 50% rating. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. 7 0 obj Dont make the mistake so many other veterans have. 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. 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. Which primary disabilities make the best claims for secondary service connection of sleep apnea? 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. Those are the ingredients. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. You can lose a kidney, and live a full and complete life. 38 0 obj <> endobj Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. I told you at the beginning I wantto change your thinking. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. You're not alone. I only have 50 days to file NOD, or file a BVA appeal within 1 year. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. Just had C& P exam for sleep apnea. My emphysema is connected. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. I filed NOD in early 2017 request an informal DRO. How to File a Claim on VA.gov (step-by-step)! Take a look at the Sleep Apnea eBook when it comes out I think you will find a lot of informaiton that will help you understand better the many different paths and proofs for service connection of Sleep Apnea. They were at all times attentive and on top of my case. Your email address will not be published. OSA secondary to PTSD (or other mental health claim) is a more challenging claim to make, but it is still a top candidate for secondary service connection of sleep apnea. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! 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. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Learn more about us, Veterans Disability Claim 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. We offer free resources and expertise to empower all Veterans. 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 that time, we have provided compassionate The same can be said about service-connected mental health conditions. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). 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). c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v 2017-05-30T18:09:36-04:00 Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Nexus is simply a connection or series of connections linking two or more things. 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.. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. I recommend Perkins Law Firm. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. However, if you use one, it does provide you with a higher rating. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. 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. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT Make sure to have your sleep study done. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Its over 165 pages long, and took 9 months of research. and Coronavirus. 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. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. If you are hurt at work, this is the firm you want on YOUR side. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Estimate your 2023 VA Rating & Compensation for FREE! Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. yet assertive representation for our clients. endobj 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. If you are lucky, you start breathing again. But most veterans are not service-connected for this sinus condition. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. How is Chronic Fatigue Syndrome Diagnosed? <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. 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. With lay evidence AND medical evidence. Please call for an appointment before visiting: Mail Processing Center: P.O. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. without his BI-PAP MACHINE,one up from CPAP,which i have. There are special rules regarding how a Sleep Apnea disability claim is treated by the VA. It's harder to get than it used to be, and there are more regulations. Has camp Lejeune exposures been linked to sleep apnea? You cut off oxygen to the brain and blood, and other body systems break down. 3. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. VA Claims insider is an education-based coaching/consulting company. This field is for validation purposes and should be left unchanged. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. 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. 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. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details.