Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. 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. IN THE APPEAL OF . If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. My claim was approved first time submitting. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. By showing that the sleep apnea was proximately caused or proximately aggravated by another service-connected disability you have a better chance of building your claim. The information contained on this web site is provided for informational purposes only and not legal advice. And that means you are going to have to think through your sleep apnea claim. Instead, the leading cause of sleep apnea is weight gain. Has camp Lejeune exposures been linked to sleep apnea? 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). sleep apnea is DEADLY, my brother in law went out CAMPING. I recommend Perkins Law Firm. Chills and night sweats as well as low-grade fevers. I recd another denial (3rd) Jun 30, 2017. While we still have our home base in Florida, Therefore, a well-crafted nexus letter for sleep apnea is the single most crucial document a veteran can provide the VA adjudicator to help prove service connection on an at least as likely as not basis. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. You're not alone. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. You are going to have to get a LOT of 5-Star Evidence. All Rights Reserved. * A good Lay and Medical presentation and assessment of the sleep apnea symptoms you have had from service, or service-discharge, to the present day. Winning a VA claim to service connect sleep apnea is hard. But most veterans are not service-connected for this sinus condition. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). 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. 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. Sleep apnea can be your link or nexus for filing claims for: Sleep apnea is a high-value claim in the VA world of ratings. In my book Put it to Rest! lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg My sleep apnea is worsened when I lie on my back and I still have loss of breath. The question raised in this case is whether this "intermediate step" is limited to . In the U.S. it has been acknowledged that more education needs to be provided to doctors and nurses to give them the skills to detect CFS sooner for the well being of the patient. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. This is what is called the Nexus. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Many Veterans suffering from emotional distress overeat and lack the motivation to work out. Is Sleep Apnea a Disability? A Guide for Veterans Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. VA Disability Ratings for Hypertension and Sleep Apnea If you use a CPAP machine, then this should warrant a 50% rating. Department of Veterans Affairs * SeveralDesert Storm, OIF, and OEF Clients have hadTraumatic Brain Injuries whichinterfere with how their Nervous System works, and as a result, have a different kind of Sleep Apnea (oversimplified, where the brains signals to breathe dont make it through to the lungs). 1 0 obj <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> 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. Its an essential piece of evidence. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. endstream presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. How to Get a 100 Percent VA Rating (if deserved)! 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. 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. 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. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. Sounds easy enough, right? PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library 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. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. caused or made worse by your active duty military service OR. %PDF-1.4 We would be happy to talk to you. 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. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. See our article Burn Pit Presumptive Conditions. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices NOW ITS YOUR TURN. 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. Hot Dogs for Heroes 4th of July Event This Thursday! Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Any advice on getting sleep apnea service connected? Heres the brutal truth about VA disability claims: The proper medical explanation of the origin of the veterans sleep apnea, Lay AND Medical detailing of the symptoms experienced from sleep apnea affecting the veteran since the onset of the condition in the service until the present day. 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. Honestly, they are just saying it. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. Proving Service-Connection for Sleep Apnea - VA Claims Insider BVA Decision How to Service Connect Chronic Fatigue Syndrome 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. Learn how your comment data is processed. However, if you use one, it does provide you with a higher rating. 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. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! Not only does the VA provide compensation, but once you receive a service-connection for it, it provides a way to get other disabilities to service-connected. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. OSA is a common denial veterans receive when pursuing a VA claim, but it doesnt have to beif you understand the condition and what your claim must include in order to be successful. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream Without a CPAP machine, the VA assigns a 30% rating. We can helpreach out so we can show you how. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( 2023-03-04T21:20:56-05:00 Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. Service-Connected Sleep Apnea VA Claim | Strategic Veteran For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Sounds easy enough, right? Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. Sleep apnea is a medically complex disorder. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. First of all, lets explore a little about this common disability in veterans, so you understand the condition and why its important you pursue your claim and get the benefits you deserve. 1) Direct Service Connection for Sleep Apnea For direct service connection you must show either of the following: You were diagnosed with sleep apnea during your military service; -or- You must prove the onset of sleep apnea occurred while you were in service. Jason Perkins, was my lawyer in a workers comp. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. If you are already service-connected for your knees or your back, you are likely not as active as you once were. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 As a fellow disabled Veteran this is shameful and Im on a mission to change it. Thanks for your concern and the blog. SvKve5.YmPE}=;vpb -GW2RN yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c I dont know if Im authorize a second run at the DRO or go straight to BVA. I disagree. VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law If you continue to use this site we will assume that you are happy with it. 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.
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