If you use a CPAP machine, then this should warrant a 50% rating. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . How you mix them is the hard part. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. As this represents a total grant . It is the only thing that kept in the fight and especially it keeps sane and focus. All Rights Reserved. No current sleep study within the last 12 months, #2. NOW ITS YOUR TURN. endstream endobj 43 0 obj <>stream I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches 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. While an OSA disability claim secondary to sinusitis/rhinitis is an easier path, veterans who are service-connected for PTSD (or other mental health conditions) are eligible for secondary service connection for their sleep apnea, and its possible to achieve an OSA disability claim secondary to PTSD with the right strategy and credible medical evidence. Youre welcome, Sam! protected, calm and informed You cut off oxygen to the brain and blood, and other body systems break down. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. endstream endobj startxref about the threat of COVID-19 My claim was approved first time submitting. See our tips on how to obtain a credible nexus letter. I believe the two are connected. They denied extra physical therapy. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg injury case. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Sleep Apnea in Gulf War Veterans - Public Health Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. That said, the key here is making the connection from service to diagnosis. VA Disability for Sleep Apnea Secondary to Sinusitis | CCK Law Therefore you should be well prepared before submitting your claim. Your final VA Disability Rating for Insomnia depends upon the Top 5 Reasons for Obstructive Sleep Apnea Claim Denials (Plus OSA Service Connection Tips), Steps and Strategies: How to Prove Service Connection for Sleep Apnea, Step #1: Get a NEW Sleep Study (within the past 12 months), Step #2: Obtain a medical diagnosis of sleep apnea from a sleep specialist, Step #3: Get a nexus letter for sleep apnea from a credible independent medical professional, Lack of Medical Evidence is the #1 Reason VA Claims are Denied, Step #4: Consider secondary service connection instead of direct service connection, Secondary Service Connection Requirements. Your voice is important especially when it comes to your own health care. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Copyright 2023 VA Claims Insider, LLC. 2017-05-30T18:09:36-04:00 Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Dont make the mistake so many other veterans have. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. IN THE APPEAL OF . 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. By doing this your claim will have the best chance possible. Nexus is simply a connection or series of connections linking two or more things. Without a CPAP machine, the VA assigns a 30% rating. 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. Are you a veteran who suffers from sleep apnea? 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. * What if it wasnt diagnosed until years after service can I service connect it then? Did the VA Benefit of the Doubt Rule just disappear? These pauses can happen several times an hour when the apnea is severe. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! I disagree. 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. 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. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider <>stream 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. Your email address will not be published. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. 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. FREE tips for Veterans to stay Take advantage of a FREE VA Claim Discovery Call. endobj . Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. Was your obstructive sleep apnea (OSA) VA claim denied? It only took three months. How to Hire an Attorney For Your VA Claim or Appeal. 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. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. without his BI-PAP MACHINE,one up from CPAP,which i have. Do You Owe Your Severance Pay Back to the VA? Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Even a previous diagnosis may not be accepted by the VA without a sleep study. Required fields are marked *. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. Sounds easy enough, right? Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Since there is no cure for CFS the treatment focuses on relief of the symptoms. 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. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. And that means you are going to have to think through your sleep apnea claim. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. How to Connect Sleep Apnea to Military Service. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Winning a VA claim to service connect sleep apnea is hard. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Gulf War Illness and Presumptive Service Connection. 2020 Strategic Veteran All Rights Reserved. Were Veterans, just like you, whove learned how to navigate within the VA system. Instead, the leading cause of sleep apnea is weight gain. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ Therefore, a well-crafted nexus letter for sleep apnea is the single most crucial document a veteran can provide the VA adjudicator to help prove service connection on an at least as likely as not basis. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 However, if you use one, it does provide you with a higher rating. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. They were at all times attentive and on top of my case. You're not alone. They think of Sleep Apnea as a disease of the obese, and then they tell them one of the big Fairy Tales about VA Claims. Why? uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a 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. endobj The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. What about PTSD? And that means you are going to have to think through your sleep apnea claim. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! This field is for validation purposes and should be left unchanged. Anxiety and depression can interfere with sleep patterns. 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 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. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. Making the Sausage: Heres what you need to know about new VA Claims regulations. Contact Us Here, nexus is the connection between your service and the current diagnosis of sleep apnea. Thousands of other Veterans in our Community are here for you. put your Sleep Apnea Claim together right. I only have 50 days to file NOD, or file a BVA appeal within 1 year. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Save my name, email, and website in this browser for the next time I comment. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. 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. A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness; Once service connection is awarded, sleep apnea is then rated under 38 CFR 4.97, Diagnostic Code 6847 - Sleep Apnea Syndromes (obstructive, central, mixed). The problem is that many disabilities that arise in service are not actually diagnosed in service. Hot Dogs for Heroes 4th of July Event This Thursday! Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. 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. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. However, the VA. 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.