See our tips on how to obtain a credible nexus letter, Both sinusitis and rhinitis are linked to sleep apnea, Emerging research indicates a strong association between PTSD and sleep apnea, You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Disrupted breathing in which a persons respiration can become labored or even stop for up to a minute at a time, Limited attention span or difficulty thinking clearly, Snoring, including snoring that is especially loud and involves gasping, choking, or snorting that may cause a person to briefly wake up, #1. If you are lucky, you start breathing again. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Ann Margaret really took the time to explain things to me. 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. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. Below is the schedule for rating . Is Sleep Apnea Could Be a Service-Connected VA Disability? You DESERVE a HIGHER VA rating.WE CAN HELP. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Board of Veterans' Appeals In recent years this trend has begun to turn around, but it is still one of the more difficult conditions to win a disability compensation claim for. VA claim for sleep apnea denied? 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. I can teach you how to do that. 3 Steps to Veteran Disability Benefits for Sleep Apnea, 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD, 3 Ways to Get a VA Rating for Insomnia (The Insiders Guide). I filed to reopen my SA claim in 2016. * Damage to the brain from a TBI (Traumatic Brain Injury). Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. 2023-03-04T21:20:56-05:00 Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. If you are hurt at work, this is the firm you want on YOUR side. Also sinusitis, rhinitis, hypertension. If you continue to use this site we will assume that you are happy with it. Learn how your comment data is processed. Both anxiety and depression can also be linked to sleep apnea. There are three types, obstructive, central, and mixed. 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). Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. Why? endobj VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. And that means you are going to have to think through your sleep apnea claim. How to Get a 100 Percent VA Rating (if deserved)! Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. This field is for validation purposes and should be left unchanged. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. IN THE APPEAL OF . VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law Here are a few examples of how Sleep Apnea has affected Veterans from all different eras of service: * Don D. (he asked me not to use his real name) served mostly during the Cold War was in the best physical shape of his life he was an avid weight-lifter. 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. We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you. In order to help you with your secondary claim, we have put together this Insiders Guide! (In many cases, amedical expert report or opinion may be crucial to success). 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. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. I dont know if Im authorize a second run at the DRO or go straight to BVA. 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. How to File a Claim on VA.gov (step-by-step)! Veterans Benefits Network-Sleep Apnea secondary to Service Connected This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. This is in order to be officially diagnosed. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Any advice on getting sleep apnea service connected? HWnH}W#zx 8Fb$vhjKLdRCR6-kf$}9u/U(XVX= eX5e2by=t-V?l*_?,?C&{u&Q,E1[x3")KYdXD@Q2+x."]}0uLB!_ne\Ya)y,"k"Q>bV7mWnXQn ZDE(WQ 8mSNMj;vwWoDL-y9mxC~`S3t|4[& S/.TWGaxUtbw>Hk :LfNo`BYL2%*{6GuTP rzY9y+%Koa(+Ja.'Xg Check out the Sleep Apnea Field Manual. SvKve5.YmPE}=;vpb -GW2RN We offer free resources and expertise to empower all Veterans. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. <>stream In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. Service-Connected Sleep Apnea VA Claim | Strategic Veteran Making the Sausage: Heres what you need to know about new VA Claims regulations. 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. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. You can lose your arms and legs and still survive. 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). Need a C&P exam for sleep apnea secondary to PTSD? Your email address will not be published. I have also had a stroke. 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. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 I believe that the VA and BVA do not take Sleep Apnea seriously. 7 0 obj Whats the VAs Problem with Sleep Apnea? 4 0 obj Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. They were at all times attentive and on top of my case. * The importance ofamedical expert opinion in your Sleep Apnea claim. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. Want More Information about VA 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. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim (FDC)so you can increase your rating faster! endstream Yi-bR :z>r6iFR Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. We would be happy to talk to you. * 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. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Winning a VA Sleep Apnea is much harder. I recommend Perkins Law Firm. I got a 50% rating. If you need assistance in appealing your claim for CFS,let us know here! Of course, I dont give legal advice on the Veterans Law Blog. They denied extra physical therapy. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. I talked to several doctors and sleep experts. If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 Whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea, to include as secondary to the Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness; Once service connection is awarded, sleep apnea is then rated under 38 CFR 4.97, Diagnostic Code 6847 - Sleep Apnea Syndromes (obstructive, central, mixed). Was your obstructive sleep apnea (OSA) VA claim denied? If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! For example, if a veteran has service connection for diabetes caused by agent orange and it is a well known fact that diabetes can cause sleep apnea, then you should be able to add it to the claim. endstream endobj 42 0 obj <>stream 8 0 obj Has camp Lejeune exposures been linked to sleep apnea? * 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). This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. Kim was very helpful and any time I had a question she made sure I got an answer. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider The VA uses two options for rating most sleep apnea claims. Learn how your comment data is processed. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. (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)! 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. Headaches which are new or have become worse. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? My sleep apnea is worsened when I lie on my back and I still have loss of breath. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. While proving service-connection for sleep apnea claim accepted is no longer as difficult as it once was, it still is wise to not take your chances and get it right the first time. 67 0 obj <>stream The first requirement which must be met to satisfy the VA is a sleep study. Please call for an appointment before visiting: Mail Processing Center: P.O. Chris, thank you for the posts and training videos you are providing to veterans. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. 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. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. If you are already service-connected for your knees or your back, you are likely not as active as you once were. 2023-03-04T21:20:56-05:00 Your email address will not be published. However, this has been thoroughly disproven. Thanks for your concern and the blog. 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. Copyright 2023 VA Claims Insider, LLC. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r 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). * Can Agent Orange cause Sleep Apnea? 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. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. The problem is that many disabilities that arise in service are not actually diagnosed in service. Copyright 2023 VA Claims Insider, LLC. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Proving Service-Connection for Sleep Apnea. The same can be said about service-connected mental health conditions. But most veterans are not service-connected for this sinus condition. I am also service connected for chronic bronchitis with a rating of 0 %. 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. Its one thing to give you the ingredients for a chocolate cake.