service connection for sleep apnea is granted service connection for sleep apnea is granted

Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Our firm was founded in 1986 in Orlando, Florida. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. Favorable BVA Case Law Precedent Example #2: I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. If you have this condition, it causes the throat muscles to relax while sleeping. Worsening of symptoms after activities. endobj 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. Youre welcome, Sam! <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> 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 VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law If you are lucky, you start breathing again. Some people have developed CFS after having a viral infection like Epstein Barr virus, Herpes virus 6, and mouse leukemia virus, but there has been no conclusive evidence. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 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. 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. As a fellow disabled Veteran this is shameful and Im on a mission to change it. His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. 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. Jason Perkins, was my lawyer in a workers comp. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. My expert agreed to write a rebuttal opinion to the VAs expert. If you use a CPAP machine, then this should warrant a 50% rating. Of course, I dont give legal advice on the Veterans Law Blog. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Winning a VA claim to service connect sleep apnea is hard. The BEST Path to Proving Sleep Apnea is Service Connected. Required fields are marked *. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. I can teach you how to do that. Most Veterans are not proving sleep apnea is service connected. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. The VA classifies Sleep Apnea as a disability for which compensation is granted. This is because sleep apnea is abnormally difficult to prove as a disability that is 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/. I awake countless time at night due to this. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. No proof of service connection (missing a nexus letter), #4 Lack of active-duty documentation and medical evidence, #5 Filing for direct service connection vs secondary service-connection (secondary to an already service-connected disability). I only have 50 days to file NOD, or file a BVA appeal within 1 year. And that means you are going to have to think through your sleep apnea claim. 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. Weight gain can be tied to several different conditions. Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. And that means you are going to have to think through your sleep apnea claim. Unfortunately, VA does not always apply the law correctly. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. We would be happy to talk to 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. I have had cardiomegly X-rays while on active duty. 56 0 obj <>/Filter/FlateDecode/ID[<729BA82B1983FD4B95AA1B8BF2E87A7F>]/Index[38 30]/Info 37 0 R/Length 93/Prev 108595/Root 39 0 R/Size 68/Type/XRef/W[1 3 1]>>stream They denied injections the doctor recommended to ease my pain. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. 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. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. 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. 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. I read hundreds of cases. %%EOF 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. No current sleep study within the last 12 months, #2. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. 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). You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. The transmission of an email request for information does not create an attorney client relationship. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). 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. 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 are already service-connected for your knees or your back, you are likely not as active as you once were. I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didnt call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesnt stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case Thats Taking Care Of Business. Winning a VA Sleep Apnea is much harder. put your Sleep Apnea Claim together right. Perhaps theyll have to spenda night with someone that suffers from obstructive sleep apnea, hear the suffocating snoring, experience the fear that the person will stop breathing altogether, they will continue to not take seriously claims for sleep apnea. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Veterans Benefits Network-Sleep Apnea secondary to Service Connected I spent nearly a yearresearching Veterans and their Sleep Apnea claims. I filed to reopen my SA claim in 2016. 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. 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 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. How to Get a 100 Percent VA Rating (if deserved)! HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. 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. 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. Chris, thank you for the posts and training videos you are providing to veterans. This may be 20 or 30 years after the problems started. 2023-03-04T21:20:56-05:00 without his BI-PAP MACHINE,one up from CPAP,which i have. For doing an awesome job. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! IN THE APPEAL OF . endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream I understand you want your VA claim to be done as quickly as possible. Check out the Sleep Apnea Field Manual. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. 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. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. 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. How is Chronic Fatigue Syndrome Diagnosed? Kim was very helpful and any time I had a question she made sure I got an answer. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. 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. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. Without a CPAP machine, the VA assigns a 30% rating. 0 You cut off oxygen to the brain and blood, and other body systems break down. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Nexus is simply a connection or series of connections linking two or more things. In our experience, most VA disability claims are won or lost based on medical evidence. 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. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Weve supported more than 15,000 veterans to win their claims and increase their ratings. Yi-bR :z>r6iFR Excessive daytime sleepiness is the most noticeable signal for those who live alone. Sleep Apnea in Gulf War Veterans - Public Health That said, the key here is making the connection from service to diagnosis. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. With lay evidence AND medical evidence. Honestly, they are just saying it. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. 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. 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. But remember the ultimate goal to win your VA disability compensation claim. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. 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. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. 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). 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. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. Department of Veterans Affairs They think of Sleep Apnea as a disease of the obese, and then they tell them one of the big Fairy Tales about VA Claims. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about 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. Thousands of other Veterans in our Community are here for you. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. and Coronavirus. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. FREE tips for veterans to stay protected, calm and informed 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.. The VA uses two options for rating most sleep apnea claims. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. 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. NOW ITS YOUR TURN. Copyright 2023 VA Claims Insider, LLC. There are three types, obstructive, central, and mixed. Take advantage of a FREE VA Claim Discovery Call. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! BVA Decision Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Its one thing to give you the ingredients for a chocolate cake. Board of Veterans Appeals