service connection for sleep apnea is grantedservice connection for sleep apnea is granted

If you continue to use this site we will assume that you are happy with it. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. 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. BVA Decision I filed NOD in early 2017 request an informal DRO. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. %%EOF I have sleep apnea and emphysema. 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. There are 3 ways to get it: Chris, You're not alone. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Camp Lejeune Lawsuit. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. I got a 50% rating. We can helpreach out so we can show you how. They think of Sleep Apnea as a disease of the obese, and then they tell them one of the big Fairy Tales about VA Claims. Headaches which are new or have become worse. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. You cut off oxygen to the brain and blood, and other body systems break down. However, this has been thoroughly disproven. I also have central and obstructive sleep apnea which has been denied service connection. 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. 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. 1 0 obj YEP!!! application/pdf I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 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. Chills and night sweats as well as low-grade fevers. Jason Perkins, was my lawyer in a workers comp. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. 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. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. Are you a veteran who suffers from sleep apnea? If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. This field is for validation purposes and should be left unchanged. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. (The Insiders Guide), Insider Tips: How to Schedule a Sleep Study with the VA. How to File a Claim on VA.gov (step-by-step)! I met with my expert who offered opinion on my behalf and she was amazed by the decision, but not surprise by the level in which the VA are denying veterans SP claims. endstream There are three types, obstructive, central, and mixed. In my book Put it to Rest! Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. Required fields are marked *. protected, calm and informed If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process. They denied injections the doctor recommended to ease my pain. This may be 20 or 30 years after the problems started. Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). This may be even easier for you now because of a new VA new rule as of August 2, 2021. Theres lots of literature available to back it up. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. There are certain chronic diseases that a veteran may be presumptively entitled to if the disease manifests to a certain degree within a specified timeframe after the veterans period of, In todays society, hypertension is a common diagnosis for most veterans. Wc%X$(:ss!LCO^?4d *$ To find the definitive guide for service-connection for sleep apnea, check it out here. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Hence, the weight gain. Winning a VA Sleep Apnea is much harder. 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. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. 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. The most trusted name in education-based resources for Veterans. 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. Please call for an appointment before visiting: Mail Processing Center: P.O. 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. 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. injury case. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. All Rights Reserved. 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. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. The transmission of an email request for information does not create an attorney client relationship. 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. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Anxiety and depression can interfere with sleep patterns. FREE tips for Veterans to stay I dont know if Im authorize a second run at the DRO or go straight to BVA. Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters. 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. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. It's almost as much work - and it can often take as much dedication. Kim was very helpful and any time I had a question she made sure I got an answer. 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. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Dont make the mistake so many other veterans have. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. This is where I come in. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. Thats $901.83 a month. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? 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. In our experience, most VA disability claims are won or lost based on medical evidence. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. See our tips on how to obtain a credible nexus letter. Second example.lets say the veteran has service connection for PTSD. Its an essential piece of evidence. 8 0 obj 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. 2 0 obj The most trusted name in education-based resources for Veterans. VA claim for sleep apnea denied? * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. 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! Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. A current disability (medical diagnosis in medical records), An in-service event, injury, disease, or aggravation; and, evidence of chronicity and continuity in your service treatment records and private treatment records, or, A medical diagnosis of sleep apnea confirmed by a sleep study in VA medical records or private records (sleep study in past 12 months), Medical nexus evidence establishing a connection between. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. But if your body cannot get sleep, you will die. Proving Service-Connection for Sleep Apnea. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. But remember the ultimate goal to win your VA disability compensation claim. 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. Sounds easy enough, right? Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Thousands of other Veterans in our Community are here for you. 67 0 obj <>stream You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! 56 0 obj <>/Filter/FlateDecode/ID[<729BA82B1983FD4B95AA1B8BF2E87A7F>]/Index[38 30]/Info 37 0 R/Length 93/Prev 108595/Root 39 0 R/Size 68/Type/XRef/W[1 3 1]>>stream we represent clients nationwide. I am service connected for chronic sinusitis with a 30% rating. While its not really hard to prove service-connection of your sleep apnea, its most certainly not easy: you are going to have to put in some work. 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. The information contained on this web site is provided for informational purposes only and not legal advice. I recommend Perkins Law Firm. UNFORTUNATELY HE DIED.! History of studies and lab work showing the doctor ruled out other possible conditions that may be causing the same symptoms, Nonexudativepharyngitis (swelling of the back of the throat with no mucus), Tender/palpable lymph nodes (neck or underarms), Fatigue lasting longer than 24 hours after exercise, Neuropsychological symptoms (burning, numbness, tingling sensation, sensitivity). 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. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Winning a VA Sleep Apnea is much harder. 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. 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. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. 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. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT How to Get a 100 Percent VA Rating (if deserved)! However, the VA. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. Scenario 2: The Veteran has a current diagnosis of sleep apnea. 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. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( 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! hTOo0| 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? 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.

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