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. You can lose your arms and legs and still survive. 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. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. <>stream How to Connect Sleep Apnea to Military 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. Weight gain can be tied to several different conditions. Hot Dogs for Heroes 4th of July Event This Thursday! The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Your email address will not be published. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. %PDF-1.4 % Dont make the mistake so many other veterans have. Board of Veterans Appeals Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Did the VA Benefit of the Doubt Rule just disappear? However, most of the time, sleep apnea is a secondary claim. Take advantage of a FREE VA Claim Discovery Call. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Anxiety and depression can interfere with sleep patterns. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Learn more about us, Veterans Disability Claim How can you learn more about these things? A nexus letter is often the missing link in a VA claim. hTOo0| Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . Just had C& P exam for sleep apnea. 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. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! Thousands of other Veterans in our Community are here for you. 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. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Gulf War Illness and Presumptive Service Connection. 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. Contact Us PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Even if youve been denied before, its not too late! It only took three months. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. 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. 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. Please call for an appointment before visiting: Mail Processing Center: P.O. 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. 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. Both anxiety and depression can also be linked to sleep apnea. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. 2017-05-30T18:09:36-04:00 Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. For instance, if you complain of being tired all the time your doctor may order blood tests to check for anemia, diabetes, and hypothyroidism all of which cause fatigue. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w They are ALL experiencing a Perfect Storm of Sleep Apnea problems: breathing disorders, mental health conditions, heart conditions and diabetes are all causing an epidemic of Sleep Apnea in our Vietnam Veterans. Save my name, email, and website in this browser for the next time I comment. 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. without his BI-PAP MACHINE,one up from CPAP,which i have. See R. at 8-9. Your email address will not be published. Youre welcome, Sam! IN THE APPEAL OF . And that means you are going to have to think through your sleep apnea claim. 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. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider Save my name, email, and website in this browser for the next time I comment. I have had cardiomegly X-rays while on active duty. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of.. By law, there are three evidentiary elements that must be satisfied for sleep apnea secondary conditions to prove secondary service connection: The first part can be satisfied with any existing medical evidence service treatment records, VA medical records, or any private medical records, assuming you do have a diagnosis of sleep apnea. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. Any advice on getting sleep apnea service connected? There are three components to proving direct service connection for any VA disability claim: For the legal principles of direct service connection, see 38 CFR 3.303. VA Disability Ratings for Sleep Disturbances | CCK Law VA Disability for Sleep Apnea: Proving Service Connection 3. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. 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. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider And you are going to have to presentit neatly andpersuasivelyto the VA. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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). put your Sleep Apnea Claim together right. You cut off oxygen to the brain and blood, and other body systems break down. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 The examiner noted that a major cause of sleep apnea was weight gain and that the veteran weighed 155 pounds in service and 255 pounds in March 2013. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. In the U.S. it has been acknowledged that more education needs to be provided to doctors and nurses to give them the skills to detect CFS sooner for the well being of the patient. The most trusted name in education-based resources for Veterans. caused or made worse by your active duty military service OR. This is in order to be officially diagnosed. Is Sleep Apnea Could Be a Service-Connected VA Disability? HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. The best way to receive a VA disability compensation rating for sleep apnea is to provide the following information along with your claim: While the VA has begun to show a greater understanding of sleep apnea in veterans, the hard truth is that the VA has still not proven itself to accept the full range of how sleep apnea can manifest. Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim (FDC)so you can increase your rating faster! With lay evidence AND medical evidence. In my book Put it to Rest! 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. Local Wounded Veterans Gifted with Opportunities to Go Fishing. I filed NOD in early 2017 request an informal DRO. endobj NOW ITS YOUR TURN. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. The VA uses two options for rating most sleep apnea claims. Lets begin today's post with the Bottom Line Up Front (BLUF): It is HARD to get service connected for Sleep Apnea secondary to Depression. The question raised in this case is whether this "intermediate step" is limited to . * How do I appeal the VAs denial of my Sleep Apnea? 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. Did the VA Benefit of the Doubt Rule just disappear? Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. Copyright 2023 VA Claims Insider, LLC. 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. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Hence, the weight gain. 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. See you on the inside! I think that far too many raters and BVA judges think of sleep apnea as made up medicine. 38 0 obj <> endobj 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. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. The VA uses two options for rating most sleep apnea claims. We can helpreach out so we can show you how. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. 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. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. 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. 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, Since there is no cure for CFS the treatment focuses on relief of the symptoms. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. 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. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. Instead, lets focus on one type of sleep apnea claim our firm has recently worked on to illustrate just oneof the ways to prove service connection of obstructive sleep apnea.
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