I only have 50 days to file NOD, or file a BVA appeal within 1 year. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. * Can Agent Orange cause Sleep Apnea? All Rights Reserved. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. 2023-03-04T21:20:56-05:00 If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. There are special rules regarding how a Sleep Apnea disability claim is treated by the VA. It's harder to get than it used to be, and there are more regulations. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. * Can I service connect sleep apnea without a sleep study in service? 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. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 Sounds easy enough, right? Winning a VA Sleep Apnea is much harder. 38 0 obj <> endobj Unfortunately, VA does not always apply the law correctly. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. 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. Whats the VAs Problem with Sleep Apnea? However, most of the time, sleep apnea is a secondary claim. 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. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. In April 2013, the RO reopened the sleep apnea claim, but denied service connection, and found no new and material evidence sufficient to reopen the tinnitus claim. 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. Why? Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Keep us posted Im eager to hear how it turns out! 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. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 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. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Camp Lejeune Lawsuit. I recommend Perkins Law Firm. Template for processing Decision or Remand 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. They denied extra physical therapy. yet assertive representation for our clients. Your email address will not be published. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. Whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea, to include as secondary to the Lets begin today's post with the Bottom Line Up Front (BLUF): It is HARD to get service connected for Sleep Apnea secondary to Depression. Sounds easy enough, right? OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Are you a veteran who suffers from sleep apnea? My emphysema is connected. Viet Nam Vet. Source: Department of Veteran Affairs Regional Office New Orleans, LA. Contact Us The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 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. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . Thats what Veteran Lee G. did Lees VA claim changed when he read my Sleep Apnea book: Chris gave me the knowledge to file a claim for Sleep Apnea. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. I stated on my retirement physical that I sometimes have trouble sleeping at night. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. I am service connected for chronic sinusitis with a 30% rating. 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. 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 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. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Since that time, we have provided compassionate *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. 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. Its almost as much work and it can often take as much dedication. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! THANK YOU AGAIN. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! Nexus is simply a connection or series of connections linking two or more things. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. You only need to establish that your sleep apnea is at least as likely as not: A nexus letter is an evidence-based document prepared by a medical professional that helps to establish a connection between the veterans current disability and either military service (for direct service connection) or another rated disability (for secondary service connection). PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. Did the VA Benefit of the Doubt Rule just disappear? Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. The VA uses two options for rating most sleep apnea claims. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r Will be some time before answer but getting all the info I can. If you need assistance in appealing your claim for CFS,let us know here! c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v FREE tips for Veterans to stay BVA Decision They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Those are the ingredients. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. 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 can you learn more about these things? Not presumptively. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. 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. sleep apnea is not the kind of disability associated with a wounded warrior. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection.
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