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If you are already service-connected for your knees or your back, you are likely not as active as you once were. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 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. 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? Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 That is how I suggest you handle this situation. I cannot recommend Jason and his staff enough. Dont make the mistake so many other veterans have. Your email address will not be published. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F %
Estimate your 2023 VA Rating & Compensation for FREE! 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. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. Dear Mr Attig: Hot Dogs for Heroes 4th of July Event This Thursday!
Veterans Benefits Network-Sleep Apnea secondary to Service Connected What about PTSD? Did the VA Benefit of the Doubt Rule just disappear? 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. Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters. I dont know if Im authorize a second run at the DRO or go straight to BVA. 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. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. Microsoft Word 2010 YEP!!! There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. caused or made worse by your active duty military service OR. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm
/! Thanks for your concern and the blog. Just had C& P exam for 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. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. They denied injections the doctor recommended to ease my pain. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. They were at all times attentive and on top of my case.
The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? All Rights Reserved. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. I believe the two are connected. 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. You can lose your arms and legs and still survive. 0
In our experience, most VA disability claims are won or lost based on medical evidence. I read hundreds of cases. Since many things can cause sleep apnea (like diabetes, insulin resistance, sinus problems, deviated septum, acid reflux, PTSD, heart problems, stroke, prior injuries to the head and spine, anything that deviates the diaphragm like degenerative changes of the spine, and ascites from liver disease, cirrhosis or hepatitis c), if the veteran has service connection for any of those conditions then you can add the sleep apnea as being caused by those conditions. 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. . When filing a VA disability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Take advantage of a FREE VA Claim Discovery Call. 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. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. 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. I disagree. This means they make their claim without providing much proof. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. The BEST Path to Proving Sleep Apnea is Service Connected. * How the VA willrate your sleep apnea condition after granting Service Connection.
* Damage to the brain from a TBI (Traumatic Brain Injury). Proving Service-Connection for Sleep Apnea. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 I talked to several doctors about the causes and limitations of sleep apnea. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . 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. Want More Information about VA Sleep Apnea? Source: Department of Veteran Affairs Regional Office New Orleans, LA. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! I stated on my retirement physical that I sometimes have trouble sleeping at night. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. 67 0 obj
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You are going to have to think through your case as objectively as you possibly can. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Youre welcome, Sam! You can subscribe to his Veterans Disability channel on YouTube. That said, the key here is making the connection from service to diagnosis. If you have this condition, it causes the throat muscles to relax while sleeping. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 This is in order to be officially diagnosed. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. 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. Keep us posted Im eager to hear how it turns out! 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. Its one thing to give you the ingredients for a chocolate cake. Thats what Sleep Apnea does while you are sleeping, you stop breathing. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. We can helpreach out so we can show you how. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. * Can Agent Orange cause Sleep Apnea?
Getting Veterans (VA) Disability for Sleep Apnea | CCK Law 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.. Without a CPAP machine, the VA assigns a 30% rating. A noticeable sign of obstructive sleep apnea is snoring. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Save my name, email, and website in this browser for the next time I comment. However, the VA. These pauses can happen several times an hour when the apnea is severe. Sleep apnea is a medically complex disorder. 7 0 obj Ann Margaret really took the time to explain things to me. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. * 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). I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. Since that time, we have provided compassionate Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. The same can be said about service-connected mental health conditions. We are sorry that this post was not as useful for you! 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. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! The VA uses two options for rating most sleep apnea claims. And you are going to have to presentit neatly andpersuasivelyto the VA.
VA Disability Ratings for Sleep Disturbances | CCK Law There are three types, obstructive, central, and mixed. If you use a CPAP machine, then this should warrant a 50% rating. Local Wounded Veterans Gifted with Opportunities to Go Fishing. 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. Headaches which are new or have become worse. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. Otherwise, I would properly ended up in mental health facility or going insane!!! We offer free resources and expertise to empower all Veterans. Everyone I came in contact with there was very nice. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. Do you have questions about how to service connect sleep apnea claims? This is where I come in. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. put your Sleep Apnea Claim together right. However, if you use one, it does provide you with a higher rating. However, most of the time, sleep apnea is a secondary claim. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. All Rights Reserved. By doing this your claim will have the best chance possible. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Physical therapy can be given to help maintain and improve mobility. 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. I filed NOD in early 2017 request an informal DRO. 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. 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. 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
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S/.TWGaxUtbw>Hk :LfNo`BYL2%*{6GuTP rzY9y+%Koa(+Ja.'Xg Any advice on getting sleep apnea service connected? 3. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. The question raised in this case is whether this "intermediate step" is limited to . 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. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. Thats what Veteran Lee G. did Lees VA claim changed when he read my Sleep Apnea book: Chris gave me the knowledge to file a claim for Sleep Apnea. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty.
PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 The problem is that many disabilities that arise in service are not actually diagnosed in service. Excessive daytime sleepiness is the most noticeable signal for those who live alone. 2023-03-04T21:20:56-05:00 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. The most trusted name in education-based resources for Veterans. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea.
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Is Sleep Apnea a Disability? A Guide for Veterans Make sure to have your sleep study done. 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. If you have sleep apnea and sinusitis/rhinitis, your next step would be to get a doctors medical opinion supporting that your service-connected sinusitis/rhinitis caused or aggravates your sleep apnea. Also see our post What is a Service-Connected Disability? UNFORTUNATELY HE DIED.! How to Hire an Attorney For Your VA Claim or Appeal. fight to get their sleep apnea service-connected. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . Its over 165 pages long, and took 9 months of research. The transmission of an email request for information does not create an attorney client relationship. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. 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. 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. 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. But most veterans are not service-connected for this sinus condition.