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. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. Copyright 2023 VA Claims Insider, LLC. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. 2023-03-04T21:20:56-05:00 Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. I believe the two are connected. 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. Any advice on getting sleep apnea service connected? Therefore you should be well prepared before submitting your claim. This is in order to be officially diagnosed. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . 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 By doing this your claim will have the best chance possible. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. (In many cases, amedical expert report or opinion may be crucial to success). * 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). Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. 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. 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. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Source: Department of Veteran Affairs Regional Office New Orleans, LA. I cannot get the sleep apnea connected. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. 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. Andmy sleep study was not done in the military.. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Second example.lets say the veteran has service connection for PTSD. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Give us a call at 800-477-9027 to see if we can help you. Thats what Sleep Apnea does while you are sleeping, you stop breathing. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! You can lose a kidney, and live a full and complete life. 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. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. 3. I cannot recommend Jason and his staff enough. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. I recommend Perkins Law Firm. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. Whats the VAs Problem with Sleep Apnea? This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Anxiety and depression can interfere with sleep patterns. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. 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. And that means you are going to have to think through your sleep apnea claim. This is where I come in. While an OSA disability claim secondary to sinusitis/rhinitis is an easier path, veterans who are service-connected for PTSD (or other mental health conditions) are eligible for secondary service connection for their sleep apnea, and its possible to achieve an OSA disability claim secondary to PTSD with the right strategy and credible medical evidence. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. 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. See our tips on how to obtain a credible nexus letter. I also have central and obstructive sleep apnea which has been denied service connection. 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. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. 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. Template for processing Decision or Remand yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c Your email address will not be published. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. Did the VA Benefit of the Doubt Rule just disappear? Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Proving Service-Connection for Sleep Apnea - VA Claims Insider In our experience, if you did NOT have a sleep study while on active duty and you did not get a medical diagnosis of sleep apnea in the military, you should only attempt to service-connect your sleep apnea VA claim SECONDARY to another service-connected disability. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. Save my name, email, and website in this browser for the next time I comment. Ill also show you: * The problem with your particular type of Sleep Apnea from the VAs perspective, * The Key Question to be resolved in EACH scenario, * Solutions to the Most Common Errors in Sleep Apnea claims. endstream endobj 43 0 obj <>stream 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. 4 Lessons You Need to Learn to Service Connect Sleep Apnea. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Do You Owe Your Severance Pay Back to the VA? 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. application/pdf Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. I was diagnosed with OSA 10 years after separation. Even as Veterans Claims for Sleep Apnea soar, it is clear that theVA DOES NOT understand the full scope of how sleep apnea occurs, medically or factually. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches A medical opinion will be necessary to show these causative connection, and you will want to first service connect the sinusitis, and then argue that the OSA is secondary or argue that the OSA is secondary to the bronchitis. 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. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law Weight gain can be tied to several different conditions. 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. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Chills and night sweats as well as low-grade fevers. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. But remember the ultimate goal to win your VA disability compensation claim. Battle of DUAL-EXPERTS Chris, you called it!!! Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. Learn more about us, Veterans Disability 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. Youre welcome, Sam! PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. 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 step at a time, one claim at a time, one veteran at a time.we vets are winning!! Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. I talked to several doctors about the causes and limitations of sleep apnea. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Is Sleep Apnea Could Be a Service-Connected VA Disability? Wc%X$(:ss!LCO^?4d *$ 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. Winning a VA Sleep Apnea is much harder. Also sinusitis, rhinitis, hypertension. endstream Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Of course, I dont give legal advice on the Veterans Law Blog. 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. VA Disability for Sleep Apnea Secondary to Sinusitis | CCK Law I only have 50 days to file NOD, or file a BVA appeal within 1 year. Kim was very helpful and any time I had a question she made sure I got an answer. She has always had a passion for helping others and found inspiration from those she cared for. 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. These pauses can happen several times an hour when the apnea is severe. What about PTSD? 203, San Jose, CA 95134 DRO sided with VA expert (not surprise) who claimed SA was least likely as not occurred or caused by service, moreover, VA expert justified opinion by THE FOLLOWINGS;(time 12yrs since retirement, age 50 at the time of sleep study, and weight gain ?). 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. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Even if yours is obstructive sleep apnea like we discussed here, there are still other ways to service connection other than proving you had sleep apnea in service. Unfortunately, VA does not always apply the law correctly. Headaches which are new or have become worse. 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. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. <>stream Hepatitis C also causes insulin resistance. 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 read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. But if your doctor believes that your Sleep Apnea is somehow related to exposure to TCEs or benzene in the water at Camp Lejeune, then a good medical opinion would probably help you prove a direct service connection claim. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. I awake countless time at night due to this. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT How you mix them is the hard part. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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.