service connection for sleep apnea is granted

service connection for sleep apnea is granted

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. 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. yet assertive representation for our clients. I talked to several doctors and sleep experts. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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 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. You DESERVE a HIGHER VA rating.WE CAN HELP. Your email address will not be published. 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. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Chris, thank you for the posts and training videos you are providing to veterans. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2016 - VeteransLawBlog.org - All Rights Reserved | Terms & Conditions | Legal Disclaimer, The Veterans Law Blog is NOT a law firm. But remember the ultimate goal to win your VA disability compensation claim. No current sleep study within the last 12 months, #2. Second example.lets say the veteran has service connection for PTSD. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. 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. See id. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. Do I Need a CPAP Machine to be Service-Connected? Your email address will not be published. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. You are going to have to get a LOT of 5-Star Evidence. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. Both anxiety and depression can also be linked to sleep apnea. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. * 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). 8 0 obj caused or made worse by your active duty military service OR. Give us a call at 800-477-9027 to see if we can help you. There are 3 ways to get it: Chris, The rate was a staggering 22%. THANK YOU AGAIN. That said, the key here is making the connection from service to diagnosis. This is in order to be officially diagnosed. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. Those are the ingredients. 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. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! 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. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. The VA then diagnoses sleep apnea and with the snap of a finger, the Gulf War Illness presumption disappears and the Veteran now has to prove service connection of his sleep apnea. We cant possibly cover each of those and the ways to service connect all of them in this one article. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. * A good Lay and Medical presentation and assessment of the sleep apnea symptoms you have had from service, or service-discharge, to the present day. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. without his BI-PAP MACHINE,one up from CPAP,which i have. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT 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. When I turned my case over to Jason things turned around, QUICK. 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. 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. 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. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! 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. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! Are you a veteran who suffers from sleep apnea? But if your body cannot get sleep, you will die. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. If your situation is not like the one above, remember that this is only oneof the ways you may be able to win VA disability for sleep apnea. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2016 - VeteransLawBlog.org - All Rights Reserved | Terms & Conditions | Legal Disclaimer, The Veterans Law Blog is NOT a law firm. about the threat of COVID-19 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). How is Chronic Fatigue Syndrome Diagnosed? How to File a Claim on VA.gov (step-by-step)! Sleep apnea is a medically complex disorder. 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. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. 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. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. This may be 20 or 30 years after the problems started. 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. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Whats the VAs Problem with Sleep Apnea? Please call for an appointment before visiting: Mail Processing Center: P.O. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. The question raised in this case is whether this "intermediate step" is limited to . How to Hire an Attorney For Your VA Claim or Appeal. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm These pauses can happen several times an hour when the apnea is severe. Studies have shown that it is morecommon for Gulf War Veteransin the Southwest Asia theater compared to non-Gulf War Veterans to develop CFS, but the reason for this remains unknown. I cannot recommend Jason and his staff enough. The question raised in this case is whether this "intermediate step" is limited to . My expert agreed to write a rebuttal opinion to the VAs expert. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r * What if it wasnt diagnosed until years after service can I service connect it then? case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. I have had cardiomegly X-rays while on active duty. I filed to reopen my SA claim in 2016. *To prove your Sleep Apnea is service connected without a sleep study in the military? I have tried to connect OSA secondary to chronic sinusitis which has also been denied. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. 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. Yi-bR :z>r6iFR YEP!!! This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. Your voice is important especially when it comes to your own health care. 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. Honestly, they are just saying it. fight to get their sleep apnea service-connected. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. 56 0 obj <>/Filter/FlateDecode/ID[<729BA82B1983FD4B95AA1B8BF2E87A7F>]/Index[38 30]/Info 37 0 R/Length 93/Prev 108595/Root 39 0 R/Size 68/Type/XRef/W[1 3 1]>>stream Dont make the mistake so many other veterans have. 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. 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). As this represents a total grant . Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Sounds easy enough, right? Without a CPAP machine, the VA assigns a 30% rating. Copyright 2023 VA Claims Insider, LLC. 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. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. 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. A nexus letter is often the missing link in a VA claim. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. 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. 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.. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Did the VA Benefit of the Doubt Rule just disappear? Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. endobj Joints and muscles can have a lot of pain during flare-ups, and, due to the fatigue, mobility may not be something a patient can easily do. 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. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! I can teach you how to do that. Estimate your 2023 VA Rating & Compensation for FREE! In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. Some of the most common symptoms of sleep apnea include: People who suffer from sleep apnea are often unaware of the breathing disturbances, finding out about them from a bed partner or roommate. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. 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. I believe that the VA and BVA do not take Sleep Apnea seriously. I told you at the beginning I wantto change your thinking. You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. 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. Our firm was founded in 1986 in Orlando, Florida. I want you to think about the BEST path to proving that sleep apnea is service connected, and the BESTway to get the VA sleep apnea disability rating you are entitled to. Will be some time before answer but getting all the info I can. The VA uses two options for rating most sleep apnea claims. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions.

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