PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 1 0 obj People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. YEP!!! 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. The VA is also wary of the fact that sleep apnea may well have been a condition suffered by the veteran before their time in the military. 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. Youre arent alone. There is evidence of sleep breathing problems in-service, in the Veterans service medical records, or lay evidence of these problems during the period of military service, but no diagnosis of Sleep Apnea in-service. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. I cannot recommend Jason and his staff enough. However, this has been thoroughly disproven. Therefore you should be well prepared before submitting your claim. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. 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. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). Physical therapy can be given to help maintain and improve mobility. The transmission of an email request for information does not create an attorney client relationship. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Second example.lets say the veteran has service connection for PTSD. Thats what Sleep Apnea does while you are sleeping, you stop breathing. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). But most veterans are not service-connected for this sinus condition. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. VA Claims insider is an education-based coaching/consulting company. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). I awake countless time at night due to this. I have also had a stroke. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. 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. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. If you use a CPAP machine, then this should warrant a 50% rating. Kim was very helpful and any time I had a question she made sure I got an answer. 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. 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. 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. See our article Burn Pit Presumptive Conditions. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. All Rights Reserved. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a In the year thatI spent researching theSleep ApneaField Manual, I learned that there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea. . Keep up the great work, and remember, the only way to lose is to give up! Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. Most Veterans are not proving sleep apnea is service connected. 2020 Strategic Veteran All Rights Reserved. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. However, the VA. You are going to have to get a LOT of 5-Star Evidence. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 Winning a VA claim to service connect sleep apnea is hard. fight to get their sleep apnea service-connected. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. How to Service Connect Chronic Fatigue Syndrome 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. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Proving Service-Connection for Sleep Apnea - VA Claims Insider You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Those are the ingredients. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. If you have this condition, it causes the throat muscles to relax while sleeping. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. FREE tips for veterans to stay protected, calm and informed BVA Decision sleep apnea is DEADLY, my brother in law went out CAMPING. Chris, thank you for the posts and training videos you are providing to veterans. 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, Is Sleep Apnea Could Be a Service-Connected VA Disability? Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 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. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 One step at a time, one claim at a time, one veteran at a time.we vets are winning!! Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. You cut off oxygen to the brain and blood, and other body systems break down. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. sleep apnea is not the kind of disability associated with a wounded warrior. 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. I stated on my retirement physical that I sometimes have trouble sleeping at night. 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? Its over 165 pages long, and took 9 months of research. And that means you are going to have to think through your sleep apnea claim. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. How to Get a 100 Percent VA Rating (if deserved)! 8 0 obj VA Disability for Sleep Apnea: Proving Service Connection 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. With lay evidence AND medical evidence. Were Veterans, just like you, whove learned how to navigate within the VA system. . 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. 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. Making the Sausage: Heres what you need to know about new VA Claims regulations. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches Jason Perkins, was my lawyer in a workers comp. 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. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Worsening of symptoms after activities. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. Battle of DUAL-EXPERTS Chris, you called it!!! Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 VA claim for sleep apnea denied? hTOo0| 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. Your email address will not be published. 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. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. How to Hire an Attorney For Your VA Claim or Appeal. As the patient, this can be a stressful time, which is why it is so important to tell your doctor all the symptoms you have even if they seem silly or strange. Scenario 2: The Veteran has a current diagnosis of sleep apnea. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. How you mix them is the hard part. I have sleep apnea diagnosed by the VA sleep study. It's almost as much work - and it can often take as much dedication. Board of Veterans Appeals VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. 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. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. Did the VA Benefit of the Doubt Rule just disappear? I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. As a matter of fact, it may be easier to substantiate with medical records that the sleep apnea symptoms started after the diagnosis of diabetes. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. What about PTSD? 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. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. 3. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ This field is for validation purposes and should be left unchanged. Not presumptively. 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. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. (The Insiders Guide), Insider Tips: How to Schedule a Sleep Study with the VA. How to File a Claim on VA.gov (step-by-step)! if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Template for processing Decision or Remand I only have 50 days to file NOD, or file a BVA appeal within 1 year. If you are hurt at work, this is the firm you want on YOUR side. Chills and night sweats as well as low-grade fevers. 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. 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. application/pdf Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. The polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. I am service connected for chronic sinusitis with a 30% rating. injury case. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! Another theory is a hormonal imbalance because elevated hormones are seen in the blood work of those who have CFS, but the importance of this is unknown as well. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 But remember the ultimate goal to win your VA disability compensation claim. Weve supported more than 15,000 veterans to win their claims and increase their ratings. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. 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. 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. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! 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. 67 0 obj <>stream Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c Veterans whoare looking for the easy way to get sleep apnea service-connected will not find it in my opinion, there is no such thing. Youre welcome, Sam! 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. Allergies or sensitivities to foods, odors, chemicals, or noise. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. The BEST Path to Proving Sleep Apnea is Service Connected. Some Veterans are taking it a little further and going to the VA with this: I have had problems breathing and sleeping since I was stationed near burn-pits in Iraq and now I have sleep apnea. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. 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. 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.