Obstructive sleep apnea (OSA) is the most common type of sleep apnea. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 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. A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness; Once service connection is awarded, sleep apnea is then rated under 38 CFR 4.97, Diagnostic Code 6847 - Sleep Apnea Syndromes (obstructive, central, mixed). medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). Heres what I mean in BVA decision after BVA decision, I saw examples ofVeterans that take a look at the VA Ratings Tables, see that they can get a 50%VArating for sleep apnea with CPAP. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! You cut off oxygen to the brain and blood, and other body systems break down. This may be 20 or 30 years after the problems started. Save my name, email, and website in this browser for the next time I comment. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. 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? Youre arent alone. I filed NOD in early 2017 request an informal DRO. Not presumptively. Chills and night sweats as well as low-grade fevers. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. I am service connected for chronic sinusitis with a 30% rating. protected, calm and informed Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. That is how I suggest you handle this situation. If your situation is not like the one above, remember that this is only oneof the ways you may be able to win VA disability for sleep apnea. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Everyone I came in contact with there was very nice. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. These pauses can happen several times an hour when the apnea is severe. 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. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. 38 0 obj <> endobj Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. 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. 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. 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. 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. <>stream Secondary Service Connection (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 As the patient, this can be a stressful time, which is why it is so important to tell your doctor all the symptoms you have even if they seem silly or strange. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Cognitive training is important to be able to talk to someone about CFS and its limiting factors on life, and how to cope on a daily basis. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. * WHAT evidencetouseandwhich path to Service Connectionto use. 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. z`tsd#Ex>@"A"M@+5;$ 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. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. I am also service connected for chronic bronchitis with a rating of 0 %. Making the Sausage: Heres what you need to know about new VA Claims regulations. Kim was very helpful and any time I had a question she made sure I got an answer. 203, San Jose, CA 95134 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. Department of Veterans Affairs You can lose your arms and legs and still survive. Physical therapy can be given to help maintain and improve mobility. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. * What if it wasnt diagnosed until years after service can I service connect it then? fight to get their sleep apnea service-connected. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. 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. 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. 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. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Therefore you should be well prepared before submitting your claim. Veterans can also prove service connection for sleep apnea by showing that their sleep apnea began in service using service medical records, or by providing a nexus opinion from a medical professional that links their current diagnosis of sleep apnea to signs or symptoms they experienced in service. 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. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. Our firm was founded in 1986 in Orlando, Florida. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. I recommend Perkins Law Firm. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! endobj 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. . The problem is that many disabilities that arise in service are not actually diagnosed in service. This is described as being foggy by patients. 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 matter of fact, it may be easier to substantiate with medical records that the sleep apnea symptoms started after the diagnosis of diabetes. However, most of the time, sleep apnea is a secondary claim. Make sure to have your sleep study done. Winning a VA claim to service connect sleep apnea is hard. Winning a VA Sleep Apnea is much harder. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. How to Get a 100 Percent VA Rating (if deserved)! Did the VA Benefit of the Doubt Rule just disappear? Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. 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. yet assertive representation for our clients. 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. application/pdf I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. 2020 Strategic Veteran All Rights Reserved. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. 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. This is where I come in. 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. Microsoft Word 2010 If there is a way for us to improve our claims to get more granted for Vets with "GWI", rest assured, you will find it on the Veterans Law Blog. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process. 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. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. I have a diagnosis and a CPAPwhy arent they granting my claim?. Estimate your 2023 VA Rating & Compensation for FREE! c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 This field is for validation purposes and should be left unchanged. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. I disagree. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. we represent clients nationwide. You're not alone. injury case. As a fellow disabled Veteran this is shameful and Im on a mission to change it. However, the VA. 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. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. Digestion issues like IBS (irritable bowel syndrome). Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. and Coronavirus. Nexus is simply a connection or series of connections linking two or more things. * 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. 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. Weight gain can be tied to several different conditions. Even if youve been denied before, its not too late! 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. Sleep apnea is a medically complex disorder. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Why? 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. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ How can you learn more about these things? yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. VA Disability Claim Timeline For Active Duty Members & Veterans, Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy, Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine, Asymptomatic but with documented sleep disorder breathing. endobj I believe that the VA and BVA do not take Sleep Apnea seriously. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. Your email address will not be published. If you are already service-connected for your knees or your back, you are likely not as active as you once were. UNFORTUNATELY HE DIED.! At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. Youre welcome, Sam! Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. 8 0 obj Required fields are marked *. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Favorable BVA Case Law Precedent Example #2: Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. endstream endobj startxref If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Chris, thank you for the posts and training videos you are providing to veterans. The transmission of an email request for information does not create an attorney client relationship. Because of this all veterans hoping to receive a disability compensation rating from the VA should take the responsibility of connecting the dots for the claim themselves.