hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Which primary disabilities make the best claims for secondary service connection of sleep apnea? San Jose, CA: 2880 Zanker Road, Ste. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). NOW ITS YOUR TURN. 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. Allergies or sensitivities to foods, odors, chemicals, or noise. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. 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. 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. The BEST Path to Proving Sleep Apnea is Service Connected. 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 Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. caused or made worse by your active duty military service OR. Keep up the great work, and remember, the only way to lose is to give up! As the patient, this can be a stressful time, which is why it is so important to tell your doctor all the symptoms you have even if they seem silly or strange. Proving Service-Connection for Sleep Apnea. * How the VA willrate your sleep apnea condition after granting Service Connection. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Our firm was founded in 1986 in Orlando, Florida. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Source: Department of Veteran Affairs Regional Office New Orleans, LA. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Learn more about us, Veterans Disability Claim 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. about the threat of COVID-19 and Coronavirus. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. Therefore you should be well prepared before submitting your claim. 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. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! 1 0 obj 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). Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. 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. As a matter of fact, it may be easier to substantiate with medical records that the sleep apnea symptoms started after the diagnosis of diabetes. You only need to establish that your sleep apnea is at least as likely as not: A nexus letter is an evidence-based document prepared by a medical professional that helps to establish a connection between the veterans current disability and either military service (for direct service connection) or another rated disability (for secondary service connection). Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). % 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. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Andmy sleep study was not done in the military.. I told you at the beginning I wantto change your thinking. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. 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. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. The problem is that many disabilities that arise in service are not actually diagnosed in service. Not presumptively. 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. * WHAT evidencetouseandwhich path to Service Connectionto use. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. But remember the ultimate goal to win your VA disability compensation claim. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, Systemic Exertion Intolerance Disease (SEID), Presumption of Service Connection for Chronic Diseases, Common Symptoms of Chronic Fatigue Syndrome. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. 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. This is what is called the Nexus. 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. However, there are more causes of Cardiomegaly than sleep apnea, so you will want a doctors medical opinoino as to whether your Cardiomegaly is related to a chronic sleep breathing disorder, or has some other origin. Copyright 2023 VA Claims Insider, LLC. Give us a call at 800-477-9027 to see if we can help you. 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. I have had cardiomegly X-rays while on active duty. The biggest mistake most veterans make in their service-connection for sleep apnea claims is in expecting the VA to take them at their word. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. 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. If you need assistance in appealing your claim for CFS,let us know here! A credible nexus letter fulfills one of the requirements for secondary service connection for sleep apnea: medical nexus evidence establishing a connection between the service-connected disability and the current disability (sleep apnea). Do You Owe Your Severance Pay Back to the VA? 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. Even if youve been denied before, its not too late! sleep apnea is DEADLY, my brother in law went out CAMPING. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. 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. I have a diagnosis and a CPAPwhy arent they granting my claim?. 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. The independent opinion of a private medical professional can also influence the C&P examiners medical opinion, as well as the VA rating officials final disability decision. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . They denied injections the doctor recommended to ease my pain. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. What about PTSD? ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. Physical therapy can be given to help maintain and improve mobility. Has camp Lejeune exposures been linked to sleep apnea? Of course, I dont give legal advice on the Veterans Law Blog. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. we represent clients nationwide. endstream endobj 43 0 obj <>stream Thats what Veteran Lee G. did Lees VA claim changed when he read my Sleep Apnea book: Chris gave me the knowledge to file a claim for Sleep Apnea. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Nexus is simply a connection or series of connections linking two or more things. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 I am service connected for chronic sinusitis with a 30% rating. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v 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. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( 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). 38 0 obj <> endobj However, most of the time, sleep apnea is a secondary claim. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. She has always had a passion for helping others and found inspiration from those she cared for. Weve supported more than 15,000 veterans to win their claims and increase their ratings. Favorable BVA Case Law Precedent Example #2: If you use a CPAP machine, then this should warrant a 50% rating. 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. 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 fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. 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. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. 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. Youre welcome, Sam! This field is for validation purposes and should be left unchanged. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. And that means you are going to have to think through your sleep apnea claim. As this represents a total grant . Thanks for your concern and the blog. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. 2 0 obj =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. put your Sleep Apnea Claim together right. Its an essential piece of evidence. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. We are sorry that this post was not as useful for you! f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) 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. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Hot Dogs for Heroes 4th of July Event This Thursday! 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. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 You are going to have to get a LOT of 5-Star Evidence. We cant possibly cover each of those and the ways to service connect all of them in this one article. However, the VA. For instance, if you complain of being tired all the time your doctor may order blood tests to check for anemia, diabetes, and hypothyroidism all of which cause fatigue. Contact Us Service connection on a secondary basis requires evidence of aggravation or causation.This requires that the secondary disability be shown to be proximately due to or proximately aggravated by another service-connected disability. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Secondary Service Connection 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. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. 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. 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. 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. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. Yi-bR :z>r6iFR The most important thing to keep in mind is that, no matter what the VA may tell you, the law does allow for VA disability for sleep apnea. Also sinusitis, rhinitis, hypertension. How to Hire an Attorney For Your VA Claim or Appeal. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. FREE tips for Veterans to stay Excessive daytime sleepiness is the most noticeable signal for those who live alone. Hepatitis C also causes insulin resistance. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Can I Get a VA Rating for Sleep Apnea Secondary to Depression? <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. It's almost as much work - and it can often take as much dedication. The question raised in this case is whether this "intermediate step" is limited to . 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. Your email address will not be published. Chris, thank you for the posts and training videos you are providing to veterans. 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. %PDF-1.4 A noticeable sign of obstructive sleep apnea is snoring. The first requirement which must be met to satisfy the VA is a sleep study. These pauses can happen several times an hour when the apnea is severe. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. 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. 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 Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. I am also service connected for chronic bronchitis with a rating of 0 %. Thousands of other Veterans in our Community are here for you. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! 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. 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. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. Viet Nam Vet. Are you a veteran who suffers from sleep apnea? 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. Thats $901.83 a month. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. If you use a CPAP machine, then this should warrant a 50% rating. 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. 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. Save my name, email, and website in this browser for the next time I comment. protected, calm and informed Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Direct service connection for sleep apnea may be granted for veterans who can show that their sleep apnea began in service using service medical records, and by providing a nexus opinion from a qualified medical professional that links sleep apnea to events or exposures in service. The VA uses two options for rating most sleep apnea claims. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Studies have shown that it is morecommon for Gulf War Veteransin the Southwest Asia theater compared to non-Gulf War Veterans to develop CFS, but the reason for this remains unknown. Did the VA Benefit of the Doubt Rule just disappear? Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. 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. Anxiety and depression can interfere with sleep patterns. Required fields are marked *. See our tips on how to obtain a credible nexus letter. 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. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. 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. Wc%X$(:ss!LCO^?4d *$ See id. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process.