service connection for sleep apnea is granted
Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. 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. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. 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. If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. See you on the inside! uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a endstream endobj startxref OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Wc%X$(:ss!LCO^?4d *$ 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. This is described as being foggy by patients. This is in order to be officially diagnosed. 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. I disagree. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. The BEST Path to Proving Sleep Apnea is Service Connected. % Your email address will not be published. BVA Decision My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. 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. Its one thing to give you the ingredients for a chocolate cake. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. Hepatitis C also causes insulin resistance. 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. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. I have had cardiomegly X-rays while on active duty. For doing an awesome job. You can lose a kidney, and live a full and complete life. endstream This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. THANK YOU AGAIN. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Sleep apnea is a medically complex disorder. My sleep apnea is worsened when I lie on my back and I still have loss of breath. This is where I come in. FREE tips for Veterans to stay Save my name, email, and website in this browser for the next time I comment. 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. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! How can you learn more about these things? You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. As a fellow disabled Veteran this is shameful and Im on a mission to change it. 7 0 obj The independent opinion of a private medical professional can also influence the C&P examiners medical opinion, as well as the VA rating officials final disability decision. . VA claim for sleep apnea denied? Also sinusitis, rhinitis, hypertension. That is how I suggest you handle this situation. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. put your Sleep Apnea Claim together right. When I turned my case over to Jason things turned around, QUICK. See our article Burn Pit Presumptive Conditions. FREE tips for veterans to stay protected, calm and informed 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. endobj However, there are more causes of Cardiomegaly than sleep apnea, so you will want a doctors medical opinoino as to whether your Cardiomegaly is related to a chronic sleep breathing disorder, or has some other origin. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches However, if you use one, it does provide you with a higher rating. My expert agreed to write a rebuttal opinion to the VAs expert. We see that quite often with sleep apnea claims. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. 67 0 obj <>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. * 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). Do You Owe Your Severance Pay Back to the VA? If you are already service-connected for your knees or your back, you are likely not as active as you once were. Keep up the great work, and remember, the only way to lose is to give up! Youre welcome, Sam! 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. 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, Need help claiming this crucial part of your claim? See id. I believe that the VA and BVA do not take Sleep Apnea seriously. 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. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. I believe the two are connected. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. We would be happy to talk to you. Nexus is simply a connection or series of connections linking two or more things. Were Veterans, just like you, whove learned how to navigate within the VA system. 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. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). DRO sided with VA expert (not surprise) who claimed SA was least likely as not occurred or caused by service, moreover, VA expert justified opinion by THE FOLLOWINGS;(time 12yrs since retirement, age 50 at the time of sleep study, and weight gain ?). Our firm was founded in 1986 in Orlando, Florida. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 Second example.lets say the veteran has service connection for PTSD. Your email address will not be published. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. We offer free resources and expertise to empower all Veterans. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r 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. Youll need to make the call on direct service connection versus secondary service connection. 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. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. A current disability (medical diagnosis in medical records), An in-service event, injury, disease, or aggravation; and, evidence of chronicity and continuity in your service treatment records and private treatment records, or, A medical diagnosis of sleep apnea confirmed by a sleep study in VA medical records or private records (sleep study in past 12 months), Medical nexus evidence establishing a connection between. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. 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. My claim was approved first time submitting. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. 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. 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. However, this has been thoroughly disproven. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. They denied extra physical therapy. 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. 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. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. I was diagnosed with OSA 10 years after separation. 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.