service connection for sleep apnea is granted

hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % 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). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. * How the VA willrate your sleep apnea condition after granting Service Connection. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches Heres what the 38CFR lists for sleep apnea: Once sleep apnea is service-connected, this opens the door for you to file other secondary claims you may want to make. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. A nexus letter is often the missing link in a VA claim. 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. Thousands of other Veterans in our Community are here for you. 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. 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. 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. 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. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. BVA Decision The information contained on this web site is provided for informational purposes only and not legal advice. If there is a way for us to improve our claims to get more granted for Vets with "GWI", rest assured, you will find it on the Veterans Law Blog. I have a diagnosis and a CPAPwhy arent they granting my claim?. In my book Put it to Rest! If you have this condition, it causes the throat muscles to relax while sleeping. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Were Veterans, just like you, whove learned how to navigate within the VA system. I awake countless time at night due to this. I am also service connected for chronic bronchitis with a rating of 0 %. Winning a VA claim to service connect sleep apnea is hard. If you use a CPAP machine, then this should warrant a 50% rating. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. put your Sleep Apnea Claim together right. endobj 2023-03-04T21:20:56-05:00 Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. 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. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! 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. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. 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. 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. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! %%EOF Camp Lejeune Lawsuit. I have had cardiomegly X-rays while on active duty. How to Connect Sleep Apnea to Military Service. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 See our tips on how to obtain a credible nexus letter. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Viet Nam Vet. See id. 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. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. Chris, thank you for the posts and training videos you are providing to veterans. 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. 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. Your airway narrows and closes, leading to pauses in the breathing cycle. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. I dont know if Im authorize a second run at the DRO or go straight to BVA. SvKve5.YmPE}=;vpb -GW2RN UNFORTUNATELY HE DIED.! Gulf War Illness and Presumptive Service Connection. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Thats what Sleep Apnea does while you are sleeping, you stop breathing. Department of Veterans Affairs The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of.. This may be 20 or 30 years after the problems started. 3. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. You DESERVE a HIGHER VA rating.WE CAN HELP. 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. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. I disagree. You can subscribe to his Veterans Disability channel on YouTube. This is where I come in. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. I believe that the VA and BVA do not take Sleep Apnea seriously. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ 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. See you on the inside! 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. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. Also sinusitis, rhinitis, hypertension. NOW ITS YOUR TURN. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. 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, 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. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 7 0 obj Did the VA Benefit of the Doubt Rule just disappear? That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. I also have central and obstructive sleep apnea which has been denied service connection. This is in order to be officially diagnosed. endobj Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. 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. Dear Mr Attig: 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. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Ann Margaret really took the time to explain things to me. . Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. <>/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 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. 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. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. 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. How to Hire an Attorney For Your VA Claim or Appeal. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. 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. Your final VA Disability Rating for Insomnia depends upon the Top 5 Reasons for Obstructive Sleep Apnea Claim Denials (Plus OSA Service Connection Tips), Steps and Strategies: How to Prove Service Connection for Sleep Apnea, Step #1: Get a NEW Sleep Study (within the past 12 months), Step #2: Obtain a medical diagnosis of sleep apnea from a sleep specialist, Step #3: Get a nexus letter for sleep apnea from a credible independent medical professional, Lack of Medical Evidence is the #1 Reason VA Claims are Denied, Step #4: Consider secondary service connection instead of direct service connection, Secondary Service Connection Requirements.

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