Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. 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. You're not alone. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 But most veterans are not service-connected for this sinus condition. 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. Theres lots of literature available to back it up. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 The VA and frankly most of America still thinksof Sleep Apnea asa condition for theobese male with a big neck. They think wrongly that sleep apnea is not the kind of disability associated with a wounded warrior. 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. If you use a CPAP machine, then this should warrant a 50% rating. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. Proving Service-Connection for Sleep Apnea - VA Claims Insider By doing this your claim will have the best chance possible. endstream endobj 42 0 obj <>stream This may be 20 or 30 years after the problems started. It only took three months. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. They denied injections the doctor recommended to ease my pain. Not presumptively. You are going to have to think through your case as objectively as you possibly can. It's almost as much work - and it can often take as much dedication. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. VA claim for sleep apnea denied? Excessive daytime sleepiness is the most noticeable signal for those who live alone. Did the VA Benefit of the Doubt Rule just disappear? 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, 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. Winning a VA claim to service connect sleep apnea is hard. 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. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. This is described as being foggy by patients. Second example.lets say the veteran has service connection for PTSD. caused or made worse by your active duty military service OR. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. Were Veterans, just like you, whove learned how to navigate within the VA system. I did not have a va physical until about 13 years after seperation from service. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. My sleep apnea is worsened when I lie on my back and I still have loss of breath. Will be some time before answer but getting all the info I can. * How do I appeal the VAs denial of my Sleep Apnea? We are sorry that this post was not as useful for you! To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. How to Connect Sleep Apnea to Military Service. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. 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. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. This is where I come in. I recommend Perkins Law Firm. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? 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. Dont make the mistake so many other veterans have. Without a CPAP machine, the VA assigns a 30% rating. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 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. Proving Service-Connection for Sleep Apnea. That said, the key here is making the connection from service to diagnosis. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. * 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). * The importance ofamedical expert opinion in your Sleep Apnea claim. For example, if a veteran has service connection for diabetes caused by agent orange and it is a well known fact that diabetes can cause sleep apnea, then you should be able to add it to the claim. 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. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. 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. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. . I talked to several doctors and sleep experts. However, the VA. 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 Ann Margaret really took the time to explain things to me. The transmission of an email request for information does not create an attorney client relationship. 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. Contact Us For instance, often sleep apnea presents itself in those who have been suffering from PTSD. Without a CPAP machine, the VA assigns a 30% rating. Please call for an appointment before visiting: Mail Processing Center: P.O. 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 History of studies and lab work showing the doctor ruled out other possible conditions that may be causing the same symptoms, Nonexudativepharyngitis (swelling of the back of the throat with no mucus), Tender/palpable lymph nodes (neck or underarms), Fatigue lasting longer than 24 hours after exercise, Neuropsychological symptoms (burning, numbness, tingling sensation, sensitivity). Required fields are marked *. You can lose your arms and legs and still survive. Do I Need a CPAP Machine to be Service-Connected? Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. This is in order to be officially diagnosed. VA Disability for Sleep Apnea: Proving Service Connection 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. And that means you are going to have to think through your sleep apnea claim. For all about getting a VA rating for sleep apnea, see our post Your Sleep Apnea VA Rating A Guide to Getting a VA Disability Rating for Sleep Apnea. And that means you are going to have to think through your sleep apnea claim. Hepatitis C also causes insulin resistance. Your final VA Disability Rating for Insomnia depends upon the Top 5 Reasons for Obstructive Sleep Apnea Claim Denials (Plus OSA Service Connection Tips), Steps and Strategies: How to Prove Service Connection for Sleep Apnea, Step #1: Get a NEW Sleep Study (within the past 12 months), Step #2: Obtain a medical diagnosis of sleep apnea from a sleep specialist, Step #3: Get a nexus letter for sleep apnea from a credible independent medical professional, Lack of Medical Evidence is the #1 Reason VA Claims are Denied, Step #4: Consider secondary service connection instead of direct service connection, Secondary Service Connection Requirements. Whats the VAs Problem with Sleep Apnea? Instead, the leading cause of sleep apnea is weight gain. z`tsd#Ex>@"A"M@+5;$ Unfortunately, VA does not always apply the law correctly. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. 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. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . 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. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. See our article Burn Pit Presumptive Conditions. Your email address will not be published. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Making the Sausage: Heres what you need to know about new VA Claims regulations. Digestion issues like IBS (irritable bowel syndrome). %PDF-1.4 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! 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD 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. Why? A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness; Once service connection is awarded, sleep apnea is then rated under 38 CFR 4.97, Diagnostic Code 6847 - Sleep Apnea Syndromes (obstructive, central, mixed). 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. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. Since that time, we have provided compassionate They denied extra physical therapy. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Take advantage of a FREE VA Claim Discovery Call. 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. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. Getting Veterans (VA) Disability for Sleep Apnea | CCK Law Honestly, they are just saying it. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. While we still have our home base in Florida, 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. Veterans with CPAP machines have often fallen into the trap of believing that their use of the CPAP will be enough to qualify their claim with the VA. Give us a call at 800-477-9027 to see if we can help you. BVA Decision Veterans Benefits Network-Sleep Apnea secondary to Service Connected NOW ITS YOUR TURN. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 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. endstream Allergies or sensitivities to foods, odors, chemicals, or noise. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library The rate was a staggering 22%. I cannot get the sleep apnea connected. Sleep apnea can be your link or nexus for filing claims for: Sleep apnea is a high-value claim in the VA world of ratings. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. How can you learn more about these things? No current sleep study within the last 12 months, #2. 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. % Even a previous diagnosis may not be accepted by the VA without a sleep study. * WHAT evidencetouseandwhich path to Service Connectionto use. 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. 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. VA Disability for Sleep Apnea Secondary to Sinusitis | CCK Law This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). A credible nexus letter fulfills one of the requirements for secondary service connection for sleep apnea: medical nexus evidence establishing a connection between the service-connected disability and the current disability (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. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p Make sure to have your sleep study done. UNFORTUNATELY HE DIED.! Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Therefore, because the VA is particularly strict with claims regarding sleep apnea, it is highly recommended that you file your claim with as much evidence as you can obtain. I have a diagnosis and a CPAPwhy arent they granting my claim?. 1 0 obj Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! and Coronavirus. VA Claims insider is an education-based coaching/consulting company. Making the Sausage: Heres what you need to know about new VA Claims regulations. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. But if your body cannot get sleep, you will die. Hence, the weight gain. The independent opinion of a private medical professional can also influence the C&P examiners medical opinion, as well as the VA rating officials final disability decision. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Service connection on a secondary basis requires evidence of aggravation or causation.This requires that the secondary disability be shown to be proximately due to or proximately aggravated by another service-connected disability. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. I dont know if Im authorize a second run at the DRO or go straight to BVA. <>stream I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Department of Veterans Affairs To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. I disagree. Do You Owe Your Severance Pay Back to the VA? We offer free resources and expertise to empower all Veterans. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. If you need assistance in appealing your claim for CFS,let us know here! We see that quite often with sleep apnea claims. See our tips on how to obtain a credible nexus letter, Both sinusitis and rhinitis are linked to sleep apnea, Emerging research indicates a strong association between PTSD and sleep apnea, You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Disrupted breathing in which a persons respiration can become labored or even stop for up to a minute at a time, Limited attention span or difficulty thinking clearly, Snoring, including snoring that is especially loud and involves gasping, choking, or snorting that may cause a person to briefly wake up, #1. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. 2020 Strategic Veteran All Rights Reserved. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. You are going to have to get a LOT of 5-Star Evidence. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. I have sleep apnea and emphysema. Learn how your comment data is processed. How is Chronic Fatigue Syndrome Diagnosed? I recd another denial (3rd) Jun 30, 2017. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. The same can be said about service-connected mental health conditions. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2016 - VeteransLawBlog.org - All Rights Reserved | Terms & Conditions | Legal Disclaimer, The Veterans Law Blog is NOT a law firm. Thanks to additions to the VA presumptive list, you may be able to presumptively service-connect rhinitis, sinusitis, rhinosinusitis or asthma if you served in particular theaters during specified time periods. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Your airway narrows and closes, leading to pauses in the breathing cycle. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Learn how your comment data is processed. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. All Rights Reserved. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. HWnH}W#zx 8Fb$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 Hot Dogs for Heroes 4th of July Event This Thursday! The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. Since there is no cure for CFS the treatment focuses on relief of the symptoms. Even with that little bit of extra information, almost allVeterans are still being denied service connection for 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. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. If you are hurt at work, this is the firm you want on YOUR side. 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. about the threat of COVID-19 and Coronavirus. Local Wounded Veterans Gifted with Opportunities to Go Fishing. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. 3. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. endobj I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. The question raised in this case is whether this "intermediate step" is limited to . We can helpreach out so we can show you how. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. (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)!