Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. I only have 50 days to file NOD, or file a BVA appeal within 1 year. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. Sounds easy enough, right? <>stream If you use a CPAP machine, then this should warrant a 50% rating. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Make sure to have your sleep study done. sleep apnea is not the kind of disability associated with a wounded warrior. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. My sleep apnea is worsened when I lie on my back and I still have loss of breath. Your voice is important especially when it comes to your own health care. 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. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w Local Wounded Veterans Gifted with Opportunities to Go Fishing. 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. There are certain chronic diseases that a veteran may be presumptively entitled to if the disease manifests to a certain degree within a specified timeframe after the veterans period of, In todays society, hypertension is a common diagnosis for most veterans. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. about the threat of COVID-19 If you are lucky, you start breathing again. If you have this condition, it causes the throat muscles to relax while sleeping. I have also had a stroke. Are you a veteran who suffers from sleep apnea? Camp Lejeune Lawsuit. You cut off oxygen to the brain and blood, and other body systems break down. Ann Margaret really took the time to explain things to me. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. We cant possibly cover each of those and the ways to service connect all of them in this one article. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. I talked to several doctors about the causes and limitations of sleep apnea. Was your obstructive sleep apnea (OSA) VA claim denied? Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. 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. Learn how your comment data is processed. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. Need help claiming this crucial part of your claim? Its almost as much work and it can often take as much dedication. 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. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. 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. We can helpreach out so we can show you how. %PDF-1.4 % endstream Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. I can teach you how to do that. Thousands of other Veterans in our Community are here for you. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. The question raised in this case is whether this "intermediate step" is limited to . Winning a VA Sleep Apnea is much harder. 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. It only took three months. How is Chronic Fatigue Syndrome Diagnosed? Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Its over 165 pages long, and took 9 months of research. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Those are the ingredients. Yi-bR :z>r6iFR 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. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Allergies or sensitivities to foods, odors, chemicals, or noise. No current sleep study within the last 12 months, #2. Chills and night sweats as well as low-grade fevers. If you are hurt at work, this is the firm you want on YOUR side. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. There are three types, obstructive, central, and mixed. Need a C&P exam for sleep apnea secondary to PTSD? See our tips on how to obtain a credible nexus letter. I talked to several doctors and sleep experts. 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.. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. 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. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. 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. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Worsening of symptoms after activities. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Making the Sausage: Heres what you need to know about new VA Claims regulations. 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. I cannot get the sleep apnea connected. endstream endobj startxref Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney. 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. How to Get a 100 Percent VA Rating (if deserved)! VA Claims insider is an education-based coaching/consulting company. Do You Owe Your Severance Pay Back to the VA? Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. 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. For instance, the rating criteria for 100% disability rating for chronic fatigue syndrome detailing debilitating and incapacitating fatigue, cognitive impairments, or a mixture of other similar symptoms severe enough to restrict your daily life and self-care significantly. 56 0 obj <>/Filter/FlateDecode/ID[<729BA82B1983FD4B95AA1B8BF2E87A7F>]/Index[38 30]/Info 37 0 R/Length 93/Prev 108595/Root 39 0 R/Size 68/Type/XRef/W[1 3 1]>>stream 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. 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. Since there is no cure for CFS the treatment focuses on relief of the symptoms. 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. Heres what I mean in BVA decision after BVA decision, I saw examples ofVeterans that take a look at the VA Ratings Tables, see that they can get a 50%VArating for sleep apnea with CPAP. 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. 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. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 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! You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. The VA uses two options for rating most sleep apnea claims. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. 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. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 7 0 obj When I turned my case over to Jason things turned around, QUICK. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. 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. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. San Jose, CA: 2880 Zanker Road, Ste. Heres 4 lessons I learned that I want to pass on to you if you can really learn and understand these lessons, you will have the power to really improve and service connect sleep apnea claims and appeals. 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? 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. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. (In many cases, amedical expert report or opinion may be crucial to success). Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). 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). * 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). FREE tips for veterans to stay protected, calm and informed * What if it wasnt diagnosed until years after service can I service connect it then? hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % 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. We would be happy to talk to you. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. I dont know if Im authorize a second run at the DRO or go straight to BVA. 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. protected, calm and informed If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. It's almost as much work - and it can often take as much dedication. The VA classifies Sleep Apnea as a disability for which compensation is granted. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. Tender lymph nodes usually in the neck and underarms. Dear Mr Attig: The most trusted name in education-based resources for Veterans. That is how I suggest you handle this situation. You do not have to be prescribed a CPAP machine to be service-connected for 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. Unfortunately, VA does not always apply the law correctly. 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. endobj If you continue to use this site we will assume that you are happy with it. 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. Here are the ingredients to a properlydeveloped claim for sleep apnea: *A solid foundation of Lay and Medical Evidence showing when sleep apnea first began to present in the Veterans life. 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. 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. You're not alone. 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. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. 8 0 obj Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox!