.{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w This field is for validation purposes and should be left unchanged. For a true diagnosis of CFS the patient must also have one of the two following symptoms: There are other symptoms that some but not all experience: Diagnosis of Chronic Fatigue Syndrome can be a bit tricky and understandably so because there is no set test to make the determination. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. I have sleep apnea and emphysema. % 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. The same can be said about service-connected mental health conditions. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Make sure to have your sleep study done. 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. 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. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. This is in order to be officially diagnosed. When I turned my case over to Jason things turned around, QUICK. Even without a definitive cause of the disorder there are noted risk factors including being between the ages of 40-50, difficulty managing stress, and women are more commonly diagnosed (possibly because they report symptoms more often). In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. 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. Keep us posted Im eager to hear how it turns out! After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. Do you have questions about how to service connect sleep apnea claims? I dont want you to think about the EASY path to proving Sleep Apnea is service connected. Thanks for your concern and the blog. Youre arent alone. Contact Us Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. I got a 50% rating. In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. 7 0 obj Youre welcome, Sam! This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. The transmission of an email request for information does not create an attorney client relationship. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. This field is for validation purposes and should be left unchanged. 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. endobj This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. The BEST Path to Proving Sleep Apnea is Service Connected. Sleep apnea can be your link or nexus for filing claims for: Sleep apnea is a high-value claim in the VA world of ratings. Winning a VA claim to service connect sleep apnea is hard. Proving Service-Connection for Sleep Apnea. . Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 I told you at the beginning I wantto change your thinking. Most Veterans are not proving sleep apnea is service connected. 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. Making the Sausage: Heres what you need to know about new VA Claims regulations. 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. Allergies or sensitivities to foods, odors, chemicals, or noise. My sleep apnea is worsened when I lie on my back and I still have loss of breath. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Required fields are marked *. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. . While we still have our home base in Florida, lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg If you use a CPAP machine, then this should warrant a 50% rating. 3. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. OSA is a common denial veterans receive when pursuing a VA claim, but it doesnt have to beif you understand the condition and what your claim must include in order to be successful. I recd another denial (3rd) Jun 30, 2017. We would be happy to talk to you. Winning a VA claim to service connect sleep apnea is hard. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 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. Its an entirely different thing to mix those ingredients so that they turn into a cake. 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. However, this has been thoroughly disproven. How to Hire an Attorney For Your VA Claim or Appeal. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. We see that quite often with sleep apnea claims. 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. 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. NOW ITS YOUR TURN. How can you learn more about these things? 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. endstream endobj 43 0 obj <>stream According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea, to include as secondary to the Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! In recent years this trend has begun to turn around, but it is still one of the more difficult conditions to win a disability compensation claim for. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! 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. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . 8 0 obj Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Thousands of other Veterans in our Community are here for you. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. 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. How to Connect Sleep Apnea to Military Service. 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. 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. 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. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! I awake countless time at night due to this. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. You're not alone. Weight gain can be tied to several different conditions. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Medical opinions will be CRUCIAL, as these are not NECESSARY connections. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. When filing a VAclaim for CFS, the Department of Veterans Affairs has to see the onset of this fatigue is severe enough to reduce your routine daily activities to less than 50%, your medical history, and several symptoms that indicate CFS. You're not alone. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. I did not have a va physical until about 13 years after seperation from service. 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.. Anxiety and depression can interfere with sleep patterns. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! 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. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. That is how I suggest you handle this situation. Thats $901.83 a month. Chris, thank you for the posts and training videos you are providing to veterans. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. . But if your body cannot get sleep, you will die. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! 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. If you use a CPAP machine, then this should warrant a 50% rating. 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. Save my name, email, and website in this browser for the next time I comment. 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. sleep apnea is DEADLY, my brother in law went out CAMPING. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Estimate your 2023 VA Rating & Compensation for FREE! 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. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Since that time, we have provided compassionate injury case. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. 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. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA.
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