service connection for sleep apnea is granted

Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. I have sleep apnea diagnosed by the VA sleep study. 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. Copyright 2023 VA Claims Insider, LLC. I recd another denial (3rd) Jun 30, 2017. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. Your email address will not be published. My claim was approved first time submitting. Local Wounded Veterans Gifted with Opportunities to Go Fishing. <>stream The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. The VA uses two options for rating most sleep apnea claims. 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. 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. 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. 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. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p If you are already service-connected for your knees or your back, you are likely not as active as you once were. 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. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 The BEST Path to Proving Sleep Apnea is Service Connected. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. 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. However, the VA. Instead, the leading cause of sleep apnea is weight gain. How you mix them is the hard part. The most trusted name in education-based resources for Veterans. 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. This may be 20 or 30 years after the problems started. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c 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. However, most of the time, sleep apnea is a secondary claim. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. 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. 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Without a CPAP machine, the VA assigns a 30% rating. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning 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. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. 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. 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. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. Since many things can cause sleep apnea (like diabetes, insulin resistance, sinus problems, deviated septum, acid reflux, PTSD, heart problems, stroke, prior injuries to the head and spine, anything that deviates the diaphragm like degenerative changes of the spine, and ascites from liver disease, cirrhosis or hepatitis c), if the veteran has service connection for any of those conditions then you can add the sleep apnea as being caused by those conditions. Check out the Sleep Apnea Field Manual. Or perhaps when they realize that Sleep Apnea is going to be as big an issue for our current generation of Veterans asAgent Orange related conditions are to Vietnam Veterans, they will take it seriously. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! endstream endobj 42 0 obj <>stream FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. YEP!!! I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. According to the VA law, there are three evidentiary elements that must be satisfied for sleep apnea conditions to prove secondary service connection: A medical diagnosis recorded in medical records of sleep apnea confirmed by a sleep study Evidence of PTSD as a service-connected primary disability 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. I also have central and obstructive sleep apnea which has been denied service connection. 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. Thousands of other Veterans in our Community are here for you. OSA secondary to PTSD (or other mental health claim) is a more challenging claim to make, but it is still a top candidate for secondary service connection of sleep apnea. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Winning a VA claim to service connect sleep apnea is hard. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. Theres lots of literature available to back it up. In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. High blood pressure or hypertension can be easily developed due to stress acquired in active duty. What about PTSD? 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. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. <>stream 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, 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. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. 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. No current sleep study within the last 12 months, #2. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. Both anxiety and depression can also be linked to sleep apnea. 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. 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. endobj Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. yet assertive representation for our clients. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT Hence, the weight gain. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. 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. I disagree. 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 believe that the VA and BVA do not take Sleep Apnea seriously. 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. 67 0 obj <>stream The most trusted name in education-based resources for Veterans. 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. 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. Its over 165 pages long, and took 9 months of research. I have had cardiomegly X-rays while on active duty. To find the definitive guide for service-connection for sleep apnea, check it out here. If you use a CPAP machine, then this should warrant a 50% rating. *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. Worsening of symptoms after activities. Your email address will not be published. I filed to reopen my SA claim in 2016. 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. Kim was very helpful and any time I had a question she made sure I got an answer. In our experience, most VA disability claims are won or lost based on medical evidence. Without a CPAP machine, the VA assigns a 30% rating. Here are a few examples of how Sleep Apnea has affected Veterans from all different eras of service: * Don D. (he asked me not to use his real name) served mostly during the Cold War was in the best physical shape of his life he was an avid weight-lifter. NOW ITS YOUR TURN. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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. VA Disability for Sleep Apnea: Proving Service Connection Proving Service-Connection for Sleep Apnea - VA Claims Insider But if your body cannot get sleep, you will die. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV Otherwise, I would properly ended up in mental health facility or going insane!!! Thats $901.83 a month. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. Give us a call at 800-477-9027 to see if we can help you. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v 2023-03-04T21:20:56-05:00 Learn how your comment data is processed. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 IN THE APPEAL OF . Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 See our article Burn Pit Presumptive Conditions. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. When filing a VA disability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. By law, there are three evidentiary elements that must be satisfied for sleep apnea secondary conditions to prove secondary service connection: The first part can be satisfied with any existing medical evidence service treatment records, VA medical records, or any private medical records, assuming you do have a diagnosis of sleep apnea. 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. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. 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. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. The problem is that many disabilities that arise in service are not actually diagnosed in service. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Ann Margaret really took the time to explain things to me. Your voice is important especially when it comes to your own health care. The question raised in this case is whether this "intermediate step" is limited to . PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. Will be some time before answer but getting all the info I can. See R. at 8-9. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. 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. 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. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Has camp Lejeune exposures been linked to sleep apnea? Keep us posted Im eager to hear how it turns out! 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. we represent clients nationwide. These pauses can happen several times an hour when the apnea is severe. It's almost as much work - and it can often take as much dedication. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. There are three components to proving direct service connection for any VA disability claim: For the legal principles of direct service connection, see 38 CFR 3.303. All Rights Reserved. 0 Veterans can also prove service connection for sleep apnea by showing that their sleep apnea began in service using service medical records, or by providing a nexus opinion from a medical professional that links their current diagnosis of sleep apnea to signs or symptoms they experienced in service. SvKve5.YmPE}=;vpb -GW2RN 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 FREE tips for Veterans to stay Either way, Veterans have an uphill fight to get their sleep apnea service-connected. Your first step is to be absolutely sure about what type of apnea you have. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 They think of Sleep Apnea as a disease of the obese, and then they tell them one of the big Fairy Tales about VA Claims. Favorable BVA Case Law Precedent Example #2: 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. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. 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.