If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. The information contained on this web site is provided for informational purposes only and not legal advice. Your email address will not be published. With lay evidence AND medical evidence. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. Department of Veterans Affairs Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. I filed NOD in early 2017 request an informal DRO. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Whats the VAs Problem with Sleep Apnea? 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. How to Get a 100 Percent VA Rating (if deserved)! Secondary Service Connection Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. The problem is that many disabilities that arise in service are not actually diagnosed in service. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. If you are already service-connected for your knees or your back, you are likely not as active as you once were. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. Our firm was founded in 1986 in Orlando, Florida. VA Claims insider is an education-based coaching/consulting company. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. Youre welcome, Sam! I filed to reopen my SA claim in 2016. Hepatitis C also causes insulin resistance. 7 0 obj Weight gain can be tied to several different conditions. A current disability (medical diagnosis in medical records), An in-service event, injury, disease, or aggravation; and, evidence of chronicity and continuity in your service treatment records and private treatment records, or, A medical diagnosis of sleep apnea confirmed by a sleep study in VA medical records or private records (sleep study in past 12 months), Medical nexus evidence establishing a connection between. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Like researchers that have been searching for the Holy Grail the harder they look, the less they find. 8 0 obj Once you are clear on the type of apnea, you should talk with your doctor further about what he or she thinks is the primary cause for it. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. DRO sided with VA expert (not surprise) who claimed SA was least likely as not occurred or caused by service, moreover, VA expert justified opinion by THE FOLLOWINGS;(time 12yrs since retirement, age 50 at the time of sleep study, and weight gain ?). Also see our post What is a Service-Connected Disability? If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. The VA uses two options for rating most sleep apnea claims. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. I have sleep apnea and emphysema. Both sinusitis and rhinitis are linked to sleep apnea. 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, However, if you use one, it does provide you with a higher rating. Without a CPAP machine, the VA assigns a 30% rating. 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. Battle of DUAL-EXPERTS Chris, you called it!!! The question raised in this case is whether this "intermediate step" is limited to . 4 Lessons You Need to Learn to Service Connect Sleep Apnea. 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. * 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. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Unfortunately, VA does not always apply the law correctly. In my book Put it to Rest! endobj There are 3 ways to get it: Chris, VA Disability Ratings for Hypertension and Sleep Apnea BVA Decision You will need strong lay evidence that establishes what symptoms you were having in service loud snoring, apneas (stopped breathing) followed by gasps for oxygen, dry mouth upon waking, daytime fatigue, etc. Sounds easy enough, right? They were at all times attentive and on top of my case. How to Service Connect Chronic Fatigue Syndrome HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. Getting Veterans (VA) Disability for Sleep Apnea | CCK Law Can I Get a VA Rating for Sleep Apnea Secondary to Depression? 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. 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. 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. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. The BEST Path to Proving Sleep Apnea is Service Connected. I have had cardiomegly X-rays while on active duty. 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. Its over 165 pages long, and took 9 months of research. 38 U.S.C.A. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 It only took three months. Save my name, email, and website in this browser for the next time I comment. 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. I stated on my retirement physical that I sometimes have trouble sleeping at night. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Weve supported more than 15,000 veterans to win their claims and increase their ratings. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. I can teach you how to do that. 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. As youve seen, claims for obstructive sleep apnea can be trickyyet important to pursue if youre suffering from this disability, so you can get the benefits you deserve and care you need. sleep apnea is not the kind of disability associated with a wounded warrior. Want More Information about VA Sleep Apnea? Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. I disagree. 2 0 obj If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. 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. By doing this your claim will have the best chance possible. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea, result of other disorders or medical conditions, Sleep Apnea is going to be as big an issue for our current generation of Veterans. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim!