If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. we represent clients nationwide. Your voice is important especially when it comes to your own health care. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. 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. put your Sleep Apnea Claim together right. about the threat of COVID-19 and Coronavirus. When I turned my case over to Jason things turned around, QUICK. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. See you on the inside! Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Take advantage of a FREE VA Claim Discovery Call. Want More Information about VA Sleep Apnea? No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Unfortunately, VA does not always apply the law correctly. 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. If you have this condition, it causes the throat muscles to relax while sleeping. 3. The VA uses two options for rating most sleep apnea claims. Some Veterans are taking it a little further and going to the VA with this: I have had problems breathing and sleeping since I was stationed near burn-pits in Iraq and now I have sleep apnea. Whats the VAs Problem with Sleep Apnea? %PDF-1.4 These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. * How do I appeal the VAs denial of my 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/. But most veterans are not service-connected for this sinus condition. Everyone I came in contact with there was very nice. Its an entirely different thing to mix those ingredients so that they turn into a cake. All Rights Reserved. For doing an awesome job. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! In fact, sleep deprivation is a common form of torture, as many of us know all too well. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. Headaches which are new or have become worse. Youre welcome, Sam! Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Your email address will not be published. Need help claiming this crucial part of your claim? Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. However, if you use one, it does provide you with a higher rating. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 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, 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). Weight gain can be tied to several different conditions. BVA Decision The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? 4 Lessons You Need to Learn to Service Connect 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. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. injury case. All Rights Reserved. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ Honestly, they are just saying it. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. I got so many questions that I began to do a lot of research into how to service connect Sleep Apnea claims and what is happening with Sleep Apnea in the Veterans community. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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. I was diagnosed with OSA 10 years after separation. 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. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Sounds easy enough, right? Therefore you should be well prepared before submitting your claim. 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. Anxiety and depression can interfere with sleep patterns. The VA classifies Sleep Apnea as a disability for which compensation is granted. Winning a VA Sleep Apnea is much harder. 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. 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Has camp Lejeune exposures been linked to sleep apnea? 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r This means they make their claim without providing much proof. When filing a VAdisability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. The most trusted name in education-based resources for Veterans. Please call for an appointment before visiting: Mail Processing Center: P.O. I am also service connected for chronic bronchitis with a rating of 0 %. 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. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ If you use a CPAP machine, then this should warrant a 50% rating. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). 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. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. The examiner noted that a major cause of sleep apnea was weight gain and that the veteran weighed 155 pounds in service and 255 pounds in March 2013. 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. endobj I read hundreds of cases. The rate was a staggering 22%. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 * Can Agent Orange cause Sleep Apnea? Youll need to make the call on direct service connection versus secondary service connection. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Both anxiety and depression can also be linked to sleep apnea. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. 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.. I am service connected for chronic sinusitis with a 30% rating. 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. We see that quite often with sleep apnea claims. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w No blog, and no eBook can substitute for legal advice from an accredited VA attorney. 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. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Its over 165 pages long, and took 9 months of research. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. 2017-05-30T18:09:36-04:00 Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. How to Hire an Attorney For Your VA Claim or Appeal. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. Making the Sausage: Heres what you need to know about new VA Claims regulations. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Department of Veterans Affairs OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. 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. How you mix them is the hard part. 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. 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. The VA then diagnoses sleep apnea and with the snap of a finger, the Gulf War Illness presumption disappears and the Veteran now has to prove service connection of his sleep apnea. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. without his BI-PAP MACHINE,one up from CPAP,which i have. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. And you are going to have to presentit neatly andpersuasivelyto the VA. This is in order to be officially diagnosed. You can lose a kidney, and live a full and complete life. 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. 7 0 obj Lesson #2: Sleep Apnea is affectinga LOTof Veterans. By doing this your claim will have the best chance possible. Andmy sleep study was not done in the military.. VA Disability for Sleep Apnea Secondary to Sinusitis | CCK Law Can I Get a VA Rating for Sleep Apnea Secondary to Depression? For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 This is described as being foggy by patients. Copyright 2023 VA Claims Insider, LLC. 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.