service connection for sleep apnea is granted

* How the VA willrate your sleep apnea condition after granting Service Connection. Proving Service-Connection for Sleep Apnea - VA Claims Insider Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. 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. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Any advice on getting sleep apnea service connected? Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. I filed to reopen my SA claim in 2016. FREE tips for Veterans to stay Did the VA Benefit of the Doubt Rule just disappear? San Jose, CA: 2880 Zanker Road, Ste. All Rights Reserved. Digestion issues like IBS (irritable bowel syndrome). If you need assistance in appealing your claim for CFS,let us know here! 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. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. We cant possibly cover each of those and the ways to service connect all of them in this one article. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . 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). In order to help you with your secondary claim, we have put together this Insiders Guide! I recd another denial (3rd) Jun 30, 2017. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. Keep us posted Im eager to hear how it turns out! Wc%X$(:ss!LCO^?4d *$ Proving Service-Connection for Sleep Apnea. Do You Owe Your Severance Pay Back to the VA? I want you to think about the BEST path to proving that sleep apnea is service connected, and the BESTway to get the VA sleep apnea disability rating you are entitled to. Therefore you should be well prepared before submitting your claim. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. The information contained on this web site is provided for informational purposes only and not legal advice. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Jason Perkins, was my lawyer in a workers comp. 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. Andmy sleep study was not done in the military.. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. without his BI-PAP MACHINE,one up from CPAP,which i have. Is Sleep Apnea a Disability? A Guide for Veterans Your first step is to be absolutely sure about what type of apnea you have. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV Chills and night sweats as well as low-grade fevers. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 Heres the brutal truth about VA disability claims: The proper medical explanation of the origin of the veterans sleep apnea, Lay AND Medical detailing of the symptoms experienced from sleep apnea affecting the veteran since the onset of the condition in the service until the present day. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! You cut off oxygen to the brain and blood, and other body systems break down. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c Below is the schedule for rating disability for Chronic Fatigue Sundrome. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 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. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. 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. Even if yours is obstructive sleep apnea like we discussed here, there are still other ways to service connection other than proving you had sleep apnea in service. Keep up the great work, and remember, the only way to lose is to give up! Is Sleep Apnea Could Be a Service-Connected VA Disability? uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 endstream endobj 43 0 obj <>stream That's what Veteran Lee G. did - Lee's VA claim changed when he read my Sleep Apnea book: "Chris gave me the knowledge to file a claim for Sleep Apnea. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). 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. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 I have sleep apnea and emphysema. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. All Rights Reserved. Whats the VAs Problem with Sleep Apnea? Our firm was founded in 1986 in Orlando, Florida. about the threat of COVID-19 Making the Sausage: Heres what you need to know about new VA Claims regulations. Heres what the 38CFR lists for sleep apnea: Once sleep apnea is service-connected, this opens the door for you to file other secondary claims you may want to make. 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. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. Thats $901.83 a month. It is the only thing that kept in the fight and especially it keeps sane and focus. Gulf War Illness and Presumptive Service Connection. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Even if youve been denied before, its not too late! 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD Without a CPAP machine, the VA assigns a 30% rating. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. * The importance ofamedical expert opinion in your Sleep Apnea claim. we represent clients nationwide. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. I met with my expert who offered opinion on my behalf and she was amazed by the decision, but not surprise by the level in which the VA are denying veterans SP claims. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. Microsoft Word 2010 NOT GOING TO GIVE UP, I filed a FOIA for a copy VA experts opinion in preparation for another NOD, this time Im requesting a formal face to face meeting with DRO. Making the Sausage: Heres what you need to know about new VA Claims regulations. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 1 0 obj 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. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library I dont know if Im authorize a second run at the DRO or go straight to BVA. Board of Veterans' Appeals Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. The question raised in this case is whether this "intermediate step" is limited to . My emphysema is connected. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. 7 0 obj Source: Department of Veteran Affairs Regional Office New Orleans, LA. 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? sleep apnea is DEADLY, my brother in law went out CAMPING. Do I Need a CPAP Machine to be Service-Connected? 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. UNFORTUNATELY HE DIED.! 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. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! I did not have a va physical until about 13 years after seperation from service. They denied injections the doctor recommended to ease my pain. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. about the threat of COVID-19 and Coronavirus. Both anxiety and depression can also be linked to sleep apnea. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Yi-bR :z>r6iFR Nexus is simply a connection or series of connections linking two or more things. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Also see our post What is a Service-Connected Disability? Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. 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. Its over 165 pages long, and took 9 months of research. 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. 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. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. They denied extra physical therapy. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Worsening of symptoms after activities. Its almost as much work and it can often take as much dedication. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! In fact, sleep deprivation is a common form of torture, as many of us know all too well. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. Thats what Sleep Apnea does while you are sleeping, you stop breathing. If you are already service-connected for your knees or your back, you are likely not as active as you once were. 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. 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. CFS is also known asSystemic Exertion Intolerance Disease (SEID)and Myalgic Encephalomyelitis (ME) is characterized by extreme fatigue without explanation from any other underlying condition. Second example.lets say the veteran has service connection for PTSD. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. 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. Save my name, email, and website in this browser for the next time I comment. We see that quite often with sleep apnea claims.

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