LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. 2020 Strategic Veteran All Rights Reserved. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Our firm was founded in 1986 in Orlando, Florida. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Winning a VA Sleep Apnea is much harder. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Check out the Sleep Apnea Field Manual. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. Why? How to Get a 100 Percent VA Rating (if deserved)! Hot Dogs for Heroes 4th of July Event This Thursday! Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. San Jose, CA: 2880 Zanker Road, Ste. This is described as being foggy by patients. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. This is what is called the Nexus. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. Lets begin today's post with the Bottom Line Up Front (BLUF): It is HARD to get service connected for Sleep Apnea secondary to Depression. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Some Veterans are taking it a little further and going to the VA with this: I have had problems breathing and sleeping since I was stationed near burn-pits in Iraq and now I have sleep apnea. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. 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. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. You are going to have to get a LOT of 5-Star Evidence. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. Scenario 2: The Veteran has a current diagnosis of sleep apnea. I recommend Perkins Law Firm. Andmy sleep study was not done in the military.. 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. Winning a VA Sleep Apnea is much harder. However, this has been thoroughly disproven. I told you at the beginning I wantto change your thinking. If you continue to use this site we will assume that you are happy with it. 4 0 obj In our experience, most VA disability claims are won or lost based on medical evidence. 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. 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 believe the two are connected. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. 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). Even if youve been denied before, its not too late! Its an entirely different thing to mix those ingredients so that they turn into a cake. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Second example.lets say the veteran has service connection for PTSD. UNFORTUNATELY HE DIED.! The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. FREE tips for Veterans to stay When seeking service connection, veterans will generally need to submit the following to VA: A current diagnosis of a condition; An in-service event, illness, or injury; and, uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 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.. Kim was very helpful and any time I had a question she made sure I got an answer. Its over 165 pages long, and took 9 months of research. Headaches which are new or have become worse. 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. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. VA Disability Ratings for Sleep Disturbances | CCK Law In my book Put it to Rest! This is a great group of people who really care about your well being. 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. This may be 20 or 30 years after the problems started. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. The most trusted name in education-based resources for Veterans. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. It is the only thing that kept in the fight and especially it keeps sane and focus. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. 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. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. 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. 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. endstream 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. Please call for an appointment before visiting: Mail Processing Center: P.O. Even a previous diagnosis may not be accepted by the VA without a sleep study. Without a CPAP machine, the VA assigns a 30% rating. 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. Your email address will not be published. If you are hurt at work, this is the firm you want on YOUR side. 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. 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! Camp Lejeune Lawsuit. See our article Burn Pit Presumptive Conditions. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. 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. Thousands of other Veterans in our Community are here for you. As this represents a total grant . This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. And that means you are going to have to think through your sleep apnea claim. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. The information contained on this web site is provided for informational purposes only and not legal advice. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. and Coronavirus. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. The VA uses two options for rating most sleep apnea claims. 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. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! 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. 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? Nexus is simply a connection or series of connections linking two or more things. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Chris, thank you for the posts and training videos you are providing to veterans. Unfortunately, VA does not always apply the law correctly. caused or made worse by your active duty military service OR. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Those are the ingredients. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. I am also service connected for chronic bronchitis with a rating of 0 %. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 endstream endobj startxref Service-Connected Sleep Apnea VA Claim | Strategic Veteran There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. I dont know if Im authorize a second run at the DRO or go straight to BVA. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). * The importance ofamedical expert opinion in your Sleep Apnea claim. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. It only took three months. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. How to Hire an Attorney For Your VA Claim or Appeal. Secondary Service Connection The same can be said about service-connected mental health conditions. I have sleep apnea diagnosed by the VA sleep study. * What if it wasnt diagnosed until years after service can I service connect it then? Learn how your comment data is processed. Your email address will not be published. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Need help claiming this crucial part of your claim? Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. I cannot recommend Jason and his staff enough. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. I understand you want your VA claim to be done as quickly as possible. 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. Its almost as much work and it can often take as much dedication. There are certain chronic diseases that a veteran may be presumptively entitled to if the disease manifests to a certain degree within a specified timeframe after the veterans period of, In todays society, hypertension is a common diagnosis for most veterans. You are going to have to think through your case as objectively as you possibly can. 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. endstream Not presumptively. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! 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. * How the VA willrate your sleep apnea condition after granting Service Connection. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w 1) Direct Service Connection for Sleep Apnea For direct service connection you must show either of the following: You were diagnosed with sleep apnea during your military service; -or- You must prove the onset of sleep apnea occurred while you were in service. %%EOF Heres 4 lessons I learned that I want to pass on to you if you can really learn and understand these lessons, you will have the power to really improve and service connect sleep apnea claims and appeals. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. This means they make their claim without providing much proof. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 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. Since that time, we have provided compassionate Weve supported more than 15,000 veterans to win their claims and increase their ratings. 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 This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Hepatitis C also causes insulin resistance. 8 0 obj PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Local Wounded Veterans Gifted with Opportunities to Go Fishing. Both sinusitis and rhinitis are linked to sleep apnea. The VA then diagnoses sleep apnea and with the snap of a finger, the Gulf War Illness presumption disappears and the Veteran now has to prove service connection of his sleep apnea. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. We see that quite often with sleep apnea claims. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! Make sure to have your sleep study done. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Winning a VA claim to service connect sleep apnea is hard. . Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a 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. 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. You will then need an expert medical opinion that shows these symptoms back then in service were probably sleep apnea even though you had not been diagnosed at the time. Board of Veterans Appeals Proving Service-Connection for Sleep Apnea - VA Claims Insider VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law Your voice is important especially when it comes to your own health care. fight to get their sleep apnea service-connected. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. To find the definitive guide for service-connection for sleep apnea, check it out here. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. This is where I come in. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v 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 ?). If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. They were at all times attentive and on top of my case. Department of Veterans Affairs Scenario 1: Diagnosis of Sleep Apnea First Occurs a Long Time after Service, with no evidence of sleep-breathing problems in the Military Service, or Military Medical, records. 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.