Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. 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 learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. we represent clients nationwide. The VA is also wary of the fact that sleep apnea may well have been a condition suffered by the veteran before their time in the military. The question raised in this case is whether this "intermediate step" is limited to . I have also had a stroke. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Since there is no cure for CFS the treatment focuses on relief of the symptoms. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. That is how I suggest you handle this situation. Dont make the mistake so many other veterans have. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 I read hundreds of cases. According to the VA law, there are three evidentiary elements that must be satisfied for sleep apnea conditions to prove secondary service connection: A medical diagnosis recorded in medical records of sleep apnea confirmed by a sleep study Evidence of PTSD as a service-connected primary disability If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. 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. We are sorry that this post was not as useful for you! A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. This is a great group of people who really care about your well being. 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. 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 article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Microsoft Word 2010 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). 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. That's what Veteran Lee G. did - Lee's VA claim changed when he read my Sleep Apnea book: "Chris gave me the knowledge to file a claim for Sleep Apnea. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. I told you at the beginning I wantto change your thinking. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. Favorable BVA Case Law Precedent Example #2: THANK YOU AGAIN. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. 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. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. 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. As a fellow disabled Veteran this is shameful and Im on a mission to change it. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. The rate was a staggering 22%. 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 Any advice on getting sleep apnea service connected? I tried going it alone and the insurance carrier pushed me around. Your first step is to be absolutely sure about what type of apnea you have. Since many things can cause sleep apnea (like diabetes, insulin resistance, sinus problems, deviated septum, acid reflux, PTSD, heart problems, stroke, prior injuries to the head and spine, anything that deviates the diaphragm like degenerative changes of the spine, and ascites from liver disease, cirrhosis or hepatitis c), if the veteran has service connection for any of those conditions then you can add the sleep apnea as being caused by those conditions. 1 0 obj Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! I dont know if Im authorize a second run at the DRO or go straight to BVA. Its one thing to give you the ingredients for a chocolate cake. Are you a veteran who suffers from sleep apnea? Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. This field is for validation purposes and should be left unchanged. Thanks for your concern and the blog. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. application/pdf 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. 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. Its almost as much work and it can often take as much dedication. Both sinusitis and rhinitis are linked to sleep apnea. How to Hire an Attorney For Your VA Claim or Appeal. He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM. Learn how your comment data is processed. . How you mix them is the hard part. Veterans with CPAP machines have often fallen into the trap of believing that their use of the CPAP will be enough to qualify their claim with the VA. 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. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. %PDF-1.4 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. 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. With lay evidence AND medical evidence. Dear Mr Attig: In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. Below is the schedule for rating . ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. I recd another denial (3rd) Jun 30, 2017. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. 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. 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. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. 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.. * WHAT evidencetouseandwhich path to Service Connectionto use. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! My sleep apnea is worsened when I lie on my back and I still have loss of breath. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. sleep apnea is not the kind of disability associated with a wounded warrior. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. * 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. Did the VA Benefit of the Doubt Rule just disappear? The BEST Path to Proving Sleep Apnea is Service Connected. If you use a CPAP machine, then this should warrant a 50% rating. Hot Dogs for Heroes 4th of July Event This Thursday! These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. You can subscribe to his Veterans Disability channel on YouTube. Do you have questions about how to service connect sleep apnea claims? My emphysema is connected. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. 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. This is what is called the Nexus. Even without a definitive cause of the disorder there are noted risk factors including being between the ages of 40-50, difficulty managing stress, and women are more commonly diagnosed (possibly because they report symptoms more often). 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. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Your email address will not be published. The VA classifies Sleep Apnea as a disability for which compensation is granted. Most Veterans are not proving sleep apnea is service connected. I have sleep apnea diagnosed by the VA sleep study. Your email address will not be published. I talked to several doctors and sleep experts. How can you learn more about these things? I was diagnosed with OSA 10 years after separation. And you are going to have to presentit neatly andpersuasivelyto the VA. 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. Were Veterans, just like you, whove learned how to navigate within the VA system. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. Just think about our veterans from older eras. No current sleep study within the last 12 months, #2. Need a C&P exam for sleep apnea secondary to PTSD? 2 0 obj b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p 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. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Nexus is simply a connection or series of connections linking two or more things. In our opinion, the only time a veteran should pursue direct service connection for sleep apnea is if you had a sleep study performed while on active duty, which confirmed the presence of a sleep apnea condition (medically diagnosed) during active-duty service. Copyright 2023 VA Claims Insider, LLC. Scenario 2: The Veteran has a current diagnosis of sleep apnea. 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. 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. Local Wounded Veterans Gifted with Opportunities to Go Fishing. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. endstream endobj 42 0 obj <>stream 67 0 obj <>stream Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Need help claiming this crucial part of your claim? Unfortunately, VA does not always apply the law correctly. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> This may be even easier for you now because of a new VA new rule as of August 2, 2021. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. Thousands of other Veterans in our Community are here for you. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. 0 . In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 NOT GOING TO GIVE UP, I filed a FOIA for a copy VA experts opinion in preparation for another NOD, this time Im requesting a formal face to face meeting with DRO. 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. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. 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. 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 If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. See R. at 8-9. and Coronavirus. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. Do I Need a CPAP Machine to be Service-Connected? Learn more about us, Veterans Disability Claim The problem is that many disabilities that arise in service are not actually diagnosed in service. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. I believe the two are connected. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. If you need assistance in appealing your claim for CFS,let us know here! Our firm was founded in 1986 in Orlando, Florida. Everyone I came in contact with there was very nice. Another theory is a hormonal imbalance because elevated hormones are seen in the blood work of those who have CFS, but the importance of this is unknown as well. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. There are three types, obstructive, central, and mixed. 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. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. Ann Margaret really took the time to explain things to me. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. 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. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. 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. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Thats what Sleep Apnea does while you are sleeping, you stop breathing. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. 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 Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. If you are hurt at work, this is the firm you want on YOUR side. Both anxiety and depression can also be linked to sleep apnea. endobj That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. Even a previous diagnosis may not be accepted by the VA without a sleep study. I have a diagnosis and a CPAPwhy arent they granting my claim?. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r endstream 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). Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. 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. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. I believe that the VA and BVA do not take Sleep Apnea seriously. 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. Your voice is important especially when it comes to your own health care. This means they make their claim without providing much proof. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. yet assertive representation for our clients. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. Save my name, email, and website in this browser for the next time I comment. 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. Theres lots of literature available to back it up. Physical therapy can be given to help maintain and improve mobility. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. Thousands of other Veterans in our Community are here for you. In our experience, OSA denials are almost always due to one or more of these five gaps: Fortunately, there are simple strategies you can employ to address these factorseven if the VA has already denied your VA claim for sleep apnea. Sounds easy enough, right? 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. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. What about PTSD? The VA uses two options for rating most sleep apnea claims. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. 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. 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. 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. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. Why? The VA disability ratings for Chronic Fatigue Syndrome are 10%, 20%, 40%, 60%, and 100% all dependent on the severity and other factors of your symptoms. Estimate your 2023 VA Rating & Compensation for FREE! You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. You can lose a kidney, and live a full and complete life. %%EOF A noticeable sign of obstructive sleep apnea is snoring. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC).