In my book Put it to Rest! The same can be said about service-connected mental health conditions. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. If you are hurt at work, this is the firm you want on YOUR side. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. The most trusted name in education-based resources for Veterans. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 Like researchers that have been searching for the Holy Grail the harder they look, the less they find. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. A nexus letter is often the missing link in a VA claim. Copyright 2023 VA Claims Insider, LLC. I have a diagnosis and a CPAPwhy arent they granting my claim?. However, most of the time, sleep apnea is a secondary claim. How to Hire an Attorney For Your VA Claim or Appeal. 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. <>stream Camp Lejeune Lawsuit. You can subscribe to his Veterans Disability channel on YouTube. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . 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. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. 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. protected, calm and informed Thats what Sleep Apnea does while you are sleeping, you stop breathing. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. In order to help you with your secondary claim, we have put together this Insiders Guide! The problem is that many disabilities that arise in service are not actually diagnosed in service. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. My sleep apnea is worsened when I lie on my back and I still have loss of breath. This means they make their claim without providing much proof. Required fields are marked *. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c Perhaps theyll have to spenda night with someone that suffers from obstructive sleep apnea, hear the suffocating snoring, experience the fear that the person will stop breathing altogether, they will continue to not take seriously claims for sleep apnea. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. I filed to reopen my SA claim in 2016. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. 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. The first requirement which must be met to satisfy the VA is a sleep study. This is described as being foggy by patients. Honestly, they are just saying it. 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. Yi-bR :z>r6iFR Its over 165 pages long, and took 9 months of research. Chills and night sweats as well as low-grade fevers. endstream Ann Margaret really took the time to explain things to me. %%EOF And that means you are going to have to think through your sleep apnea claim. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! injury case. 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. A noticeable sign of obstructive sleep apnea is snoring. No current sleep study within the last 12 months, #2. This is where I come in. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. By doing this your claim will have the best chance possible. 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. 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. hTOo0| If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Keep up the great work, and remember, the only way to lose is to give up! I tried going it alone and the insurance carrier pushed me around. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Anxiety and depression can interfere with sleep patterns. Unfortunately, VA does not always apply the law correctly. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. While we still have our home base in Florida, lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. Making the Sausage: Heres what you need to know about new VA Claims regulations. How is Chronic Fatigue Syndrome Diagnosed? 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. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v 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. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. How can you learn more about these things? This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. You will need strong lay evidence that establishes what symptoms you were having in service loud snoring, apneas (stopped breathing) followed by gasps for oxygen, dry mouth upon waking, daytime fatigue, etc. The question raised in this case is whether this "intermediate step" is limited to . Also see our post What is a Service-Connected Disability? Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. By showing that the sleep apnea was proximately caused or proximately aggravated by another service-connected disability you have a better chance of building your claim. *To prove your Sleep Apnea is service connected without a sleep study in the military? While its not really hard to prove service-connection of your sleep apnea, its most certainly not easy: you are going to have to put in some work. 7 0 obj 8 0 obj 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.. I recd another denial (3rd) Jun 30, 2017. Its an essential piece of evidence. 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. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. All Rights Reserved. Need help claiming this crucial part of your claim? My claim was approved first time submitting. 3. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. * 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. 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. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Of course, I dont give legal advice on the Veterans Law Blog. How you mix them is the hard part. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Your first step is to be absolutely sure about what type of apnea you have. Your email address will not be published. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Proving Service-Connection for Sleep Apnea. 2023-03-04T21:20:56-05:00 uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a I also have central and obstructive sleep apnea which has been denied service connection. 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, For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Even a previous diagnosis may not be accepted by the VA without a sleep study. The VA uses two options for rating most sleep apnea claims. sleep apnea is not the kind of disability associated with a wounded warrior. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. * Damage to the brain from a TBI (Traumatic Brain Injury). Medical professionals did not have the medical capabilities to perform sleep study testing when they served. That said, the key here is making the connection from service to diagnosis. We can helpreach out so we can show you how. You can lose your arms and legs and still survive. 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 ZDE(WQ 8mSNMj;vwWoDL-y9mxC~`S3t|4[& S/.TWGaxUtbw>Hk :LfNo`BYL2%*{6GuTP rzY9y+%Koa(+Ja.'Xg There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Do you have questions about how to service connect sleep apnea claims? UNFORTUNATELY HE DIED.! 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. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Both anxiety and depression can also be linked to sleep apnea. If you are lucky, you start breathing again. Once you are clear on the type of apnea, you should talk with your doctor further about what he or she thinks is the primary cause for it. Jason Perkins, was my lawyer in a workers comp. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. These pauses can happen several times an hour when the apnea is severe. 4 0 obj Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. In our experience, most VA disability claims are won or lost based on medical evidence. 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. 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. You are going to have to get a LOT of 5-Star Evidence. Battle of DUAL-EXPERTS Chris, you called it!!! In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. You're not alone. 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. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. Ill also show you: * The problem with your particular type of Sleep Apnea from the VAs perspective, * The Key Question to be resolved in EACH scenario, * Solutions to the Most Common Errors in Sleep Apnea claims. At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law. Andmy sleep study was not done in the military.. Second example.lets say the veteran has service connection for PTSD. Save my name, email, and website in this browser for the next time I comment. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. This is a great group of people who really care about your well being. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Youre welcome, Sam! I have also had a stroke. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). 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. 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. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> As a fellow disabled Veteran this is shameful and Im on a mission to change it. Take advantage of a FREE VA Claim Discovery Call. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. OSA secondary to PTSD (or other mental health claim) is a more challenging claim to make, but it is still a top candidate for secondary service connection of sleep apnea. 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. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. San Jose, CA: 2880 Zanker Road, Ste. 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. 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. Learn how your comment data is processed. endstream endobj 43 0 obj <>stream This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. But if your body cannot get sleep, you will die. Winning a VA Sleep Apnea is much harder. 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. Without a CPAP machine, the VA assigns a 30% rating. 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. The information contained on this web site is provided for informational purposes only and not legal advice. 67 0 obj <>stream One step at a time, one claim at a time, one veteran at a time.we vets are winning!! Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 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. 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. Kim was very helpful and any time I had a question she made sure I got an answer. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. 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. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. 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. . 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. 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! See our article Burn Pit Presumptive Conditions. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Make sure to have your sleep study done. Thousands of other Veterans in our Community are here for you. Thousands of other Veterans in our Community are here for you. If you need assistance in appealing your claim for CFS,let us know here! 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. I disagree. You're not alone. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Your voice is important especially when it comes to your own health care. 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. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ Why? The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . 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. I only have 50 days to file NOD, or file a BVA appeal within 1 year. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. No proof of service connection (missing a nexus letter), #4 Lack of active-duty documentation and medical evidence, #5 Filing for direct service connection vs secondary service-connection (secondary to an already service-connected disability). All Rights Reserved. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). %PDF-1.4 This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. I have had cardiomegly X-rays while on active duty.