service connection for sleep apnea is granted

presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. endobj Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Hepatitis C also causes insulin resistance. Do you have questions about how to service connect 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. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. Keep up the great work, and remember, the only way to lose is to give up! Both anxiety and depression can also be linked to sleep apnea. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 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 blockage is believed to occur when the muscles in the back of the throat become overly relaxed. I filed NOD in early 2017 request an informal DRO. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. 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. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. * How the VA willrate your sleep apnea condition after granting Service Connection. Keep us posted Im eager to hear how it turns out! In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. 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. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). Just think about our veterans from older eras. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Therefore you should be well prepared before submitting your claim. Sounds easy enough, right? As a fellow disabled Veteran this is shameful and Im on a mission to change it. 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. And that means you are going to have to think through your sleep apnea claim. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. 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. Without a CPAP machine, the VA assigns a 30% rating. 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. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. endstream Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. If you use a CPAP machine, then this should warrant a 50% rating. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a The question raised in this case is whether this "intermediate step" is limited to . 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). 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. 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. . 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. Your email address will not be published. A noticeable sign of obstructive sleep apnea is snoring. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. If that is similar to your situation, how do you show that link (nexus) between what was going on with you during service and the actual diagnosis of obstructive sleep apnea you now have? 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! The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! 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. FREE tips for Veterans to stay I believe that the VA and BVA do not take Sleep Apnea seriously. Allergies or sensitivities to foods, odors, chemicals, or noise. 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. <>stream And that means you are going to have to think through your sleep apnea claim. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. How is Chronic Fatigue Syndrome Diagnosed? The examiner noted that a major cause of sleep apnea was weight gain and that the veteran weighed 155 pounds in service and 255 pounds in March 2013. Sounds easy enough, right? To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. Did the VA Benefit of the Doubt Rule just disappear? endstream endobj startxref Are you a veteran who suffers from sleep apnea? That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. See id. This may be 20 or 30 years after the problems started. The VA classifies Sleep Apnea as a disability for which compensation is granted. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p You DESERVE a HIGHER VA rating.WE CAN HELP. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. Whats the VAs Problem with Sleep Apnea? Your airway narrows and closes, leading to pauses in the breathing cycle. I can teach you how to do that. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( Copyright 2023 VA Claims Insider, LLC. Below is the schedule for rating disability for Chronic Fatigue Sundrome. My sleep apnea is worsened when I lie on my back and I still have loss of breath. Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. But if your doctor believes that your Sleep Apnea is somehow related to exposure to TCEs or benzene in the water at Camp Lejeune, then a good medical opinion would probably help you prove a direct service connection claim. Veterans with CPAP machines have often fallen into the trap of believing that their use of the CPAP will be enough to qualify their claim with the VA. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c 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. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. about the threat of COVID-19 Did the VA Benefit of the Doubt Rule just disappear? Lesson #2: Sleep Apnea is affectinga LOTof Veterans. Which primary disabilities make the best claims for secondary service connection of sleep apnea? 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 to File a Claim on VA.gov (step-by-step)! In order to help you with your secondary claim, we have put together this Insiders Guide! 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. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. Please call for an appointment before visiting: Mail Processing Center: P.O. 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. These pauses can happen several times an hour when the apnea is severe. * Can I service connect sleep apnea without a sleep study in service? * 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). Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. Unfortunately, VA does not always apply the law correctly. 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). I stated on my retirement physical that I sometimes have trouble sleeping at night. BVA Decision I talked to several doctors and sleep experts. Joints and muscles can have a lot of pain during flare-ups, and, due to the fatigue, mobility may not be something a patient can easily do. In the year thatI spent researching theSleep ApneaField Manual, I learned that there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. %PDF-1.4 % This is described as being foggy by patients. endstream Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. I cannot recommend Jason and his staff enough. Battle of DUAL-EXPERTS Chris, you called it!!! Contact Us Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. sleep apnea is not the kind of disability associated with a wounded warrior. 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. UNFORTUNATELY HE DIED.! lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k

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