Its one thing to give you the ingredients for a chocolate cake. * How do I appeal the VAs denial of my Sleep Apnea? Need help claiming this crucial part of your claim? New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 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. 38 0 obj <> endobj Yi-bR :z>r6iFR BVA Decision (In many cases, amedical expert report or opinion may be crucial to success). You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! I have also had a stroke. 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. Some people have developed CFS after having a viral infection like Epstein Barr virus, Herpes virus 6, and mouse leukemia virus, but there has been no conclusive evidence. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. %PDF-1.4 They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. No current sleep study within the last 12 months, #2. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. However, if you use one, it does provide you with a higher rating. Favorable BVA Case Law Precedent Example #2: Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. Below is the schedule for rating disability for Chronic Fatigue Sundrome. It only took three months. Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. You can lose your arms and legs and still survive. 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. Second example.lets say the veteran has service connection for PTSD. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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 If you continue to use this site we will assume that you are happy with it. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Also see our post What is a Service-Connected Disability? While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. 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. % Your email address will not be published. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( Both sinusitis and rhinitis are linked to sleep apnea. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. Thousands of other Veterans in our Community are here for you. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. When filing a VAclaim for CFS, the Department of Veterans Affairs has to see the onset of this fatigue is severe enough to reduce your routine daily activities to less than 50%, your medical history, and several symptoms that indicate CFS. In order to help you with your secondary claim, we have put together this Insiders Guide! When I turned my case over to Jason things turned around, QUICK. 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. 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. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. * The importance ofamedical expert opinion in your Sleep Apnea claim. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. With lay evidence AND medical evidence. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . You are going to have to think through your case as objectively as you possibly can. 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. In fact, sleep deprivation is a common form of torture, as many of us know all too well. And that means you are going to have to think through your sleep apnea claim. 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. Because of this all veterans hoping to receive a disability compensation rating from the VA should take the responsibility of connecting the dots for the claim themselves. 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. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. How to Get a 100 Percent VA Rating (if deserved)! uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a Allergies or sensitivities to foods, odors, chemicals, or noise. 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). I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didnt call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesnt stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case Thats Taking Care Of Business. This is in order to be officially diagnosed. Physical therapy can be given to help maintain and improve mobility. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. We are sorry that this post was not as useful for you! I think that far too many raters and BVA judges think of sleep apnea as made up medicine. 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. 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. See id. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, Systemic Exertion Intolerance Disease (SEID), Presumption of Service Connection for Chronic Diseases, Common Symptoms of Chronic Fatigue Syndrome. <>stream So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. See our tips on how to obtain a credible nexus letter. 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. 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.. I did not have a va physical until about 13 years after seperation from service. * Damage to the brain from a TBI (Traumatic Brain Injury). No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. This may be 20 or 30 years after the problems started. I am service connected for chronic sinusitis with a 30% rating. * 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). I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. Those are the ingredients. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w For doing an awesome job. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Direct service connection for sleep apnea may be granted for veterans who can show that their sleep apnea began in service using service medical records, and by providing a nexus opinion from a qualified medical professional that links sleep apnea to events or exposures in service. Do You Owe Your Severance Pay Back to the VA? These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. A medical opinion will be necessary to show these causative connection, and you will want to first service connect the sinusitis, and then argue that the OSA is secondary or argue that the OSA is secondary to the bronchitis. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. Required fields are marked *. Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. How is Chronic Fatigue Syndrome Diagnosed? 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. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 I only have 50 days to file NOD, or file a BVA appeal within 1 year. Template for processing Decision or Remand In our experience, OSA denials are almost always due to one or more of these five gaps: Fortunately, there are simple strategies you can employ to address these factorseven if the VA has already denied your VA claim for sleep apnea. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! * Can Agent Orange cause Sleep Apnea? See our article Burn Pit Presumptive Conditions. 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. Jason Perkins, was my lawyer in a workers comp. Keep us posted Im eager to hear how it turns out! Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. 2017-05-30T18:09:36-04:00 I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. You can subscribe to his Veterans Disability channel on YouTube. 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. endstream endobj 42 0 obj <>stream This field is for validation purposes and should be left unchanged. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 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. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Sleep apnea is a medically complex disorder. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. And you are going to have to presentit neatly andpersuasivelyto the VA. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. 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. That said, the key here is making the connection from service to diagnosis. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 If you use a CPAP machine, then this should warrant a 50% rating. I believe that the VA and BVA do not take Sleep Apnea seriously. Youre arent alone. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Our firm was founded in 1986 in Orlando, Florida. Need a C&P exam for sleep apnea secondary to PTSD? Even a previous diagnosis may not be accepted by the VA without a sleep study. Without a CPAP machine, the VA assigns a 30% rating. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. In this article, well help you understand the top 5 reasons OSA claims are deniedand even better, what to do about it if youve received a denial for your OSA claim. In order to establish direct service connection for sleep apnea, a claimant must show that they have: a current, diagnosis of sleep apnea an in-service event or illness/injury a medical nexus or link that shows the veteran's sleep apnea is related to their in-service event, injury/illness. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. I also have central and obstructive sleep apnea which has been denied service connection. Instead, the leading cause of sleep apnea is weight gain. Save my name, email, and website in this browser for the next time I comment. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. 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. I stated on my retirement physical that I sometimes have trouble sleeping at night. endobj The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. 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. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. As a fellow disabled Veteran this is shameful and Im on a mission to change it. This is a great group of people who really care about your well being. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 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. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 <>stream First of all, lets explore a little about this common disability in veterans, so you understand the condition and why its important you pursue your claim and get the benefits you deserve. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. Theres lots of literature available to back it up. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. However, if you use one, it does provide you with a higher rating. Therefore, because the VA is particularly strict with claims regarding sleep apnea, it is highly recommended that you file your claim with as much evidence as you can obtain. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. SvKve5.YmPE}=;vpb -GW2RN And that means you are going to have to think through your sleep apnea claim. All Rights Reserved. Your airway narrows and closes, leading to pauses in the breathing cycle. %%EOF 2023-03-04T21:20:56-05:00 This is where I come in. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % 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. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Just think about our veterans from older eras. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Will be some time before answer but getting all the info I can. 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. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. 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. You will then need an expert medical opinion that shows these symptoms back then in service were probably sleep apnea even though you had not been diagnosed at the time. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! A credible nexus letter fulfills one of the requirements for secondary service connection for sleep apnea: medical nexus evidence establishing a connection between the service-connected disability and the current disability (sleep apnea).
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