Of course, I dont give legal advice on the Veterans Law Blog. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! 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. 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. I am also service connected for chronic bronchitis with a rating of 0 %. 0 Youre welcome, Sam! Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 endstream endobj 42 0 obj <>stream In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. 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. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Our firm was founded in 1986 in Orlando, Florida. Weight gain can be tied to several different conditions. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. If you use a CPAP machine, then this should warrant a 50% rating. I have sleep apnea diagnosed by the VA sleep study. We offer free resources and expertise to empower all Veterans. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. My emphysema is connected. We are sorry that this post was not as useful for you! yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c DRO sided with VA expert (not surprise) who claimed SA was least likely as not occurred or caused by service, moreover, VA expert justified opinion by THE FOLLOWINGS;(time 12yrs since retirement, age 50 at the time of sleep study, and weight gain ?). See R. at 8-9. In our experience, if you did NOT have a sleep study while on active duty and you did not get a medical diagnosis of sleep apnea in the military, you should only attempt to service-connect your sleep apnea VA claim SECONDARY to another service-connected disability. I cannot get the sleep apnea connected. Sleep Apnea in Gulf War Veterans - Public Health Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. I only have 50 days to file NOD, or file a BVA appeal within 1 year. I stated on my retirement physical that I sometimes have trouble sleeping at night. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. NOW ITS YOUR TURN. Estimate your 2023 VA Rating & Compensation for FREE! A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. This is in order to be officially diagnosed. Board of Veterans Appeals I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? Just had C& P exam for sleep apnea. Is Sleep Apnea a Disability? A Guide for Veterans Yi-bR :z>r6iFR We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. I disagree. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. Even a previous diagnosis may not be accepted by the VA without a sleep study. 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. Its one thing to give you the ingredients for a chocolate cake. This is where I come in. 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. * Can Agent Orange cause Sleep Apnea? medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). This is a great group of people who really care about your well being. Save my name, email, and website in this browser for the next time I comment. How can you learn more about these things? 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. Is Sleep Apnea Could Be a Service-Connected VA Disability? (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. If you need assistance in appealing your claim for CFS,let us know here! For doing an awesome job. See id. Board of Veterans' Appeals ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 yet assertive representation for our clients. This is described as being foggy by patients. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. Gulf War Illness and Presumptive Service Connection. without his BI-PAP MACHINE,one up from CPAP,which i have. I recommend Perkins Law Firm. % If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. z`tsd#Ex>@"A"M@+5;$ In my book Put it to Rest! 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. Thats $901.83 a month. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. Service-Connected Sleep Apnea VA Claim | Strategic Veteran endstream endobj 43 0 obj <>stream Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. The most trusted name in education-based resources for Veterans. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. You can lose a kidney, and live a full and complete life. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. SvKve5.YmPE}=;vpb -GW2RN Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 You are going to have to get a LOT of 5-Star Evidence. How to File a Claim on VA.gov (step-by-step)! endstream Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. 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. 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. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. This means they make their claim without providing much proof. You are going to have to think through your case as objectively as you possibly can. 38 0 obj <> endobj Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! If you are lucky, you start breathing again. 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. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. endstream endobj startxref Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 hTOo0| A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. How you mix them is the hard part. If you are hurt at work, this is the firm you want on YOUR side. THANK YOU AGAIN. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices In recent years this trend has begun to turn around, but it is still one of the more difficult conditions to win a disability compensation claim for. VA initially denied (1ST) my SA claim in 2014, I became a premium member in 2015 and followed your training guides step by step, medical expert opinion, 10 sworn declaration statements by family members, co-workers in service and post-service. How is Chronic Fatigue Syndrome Diagnosed? 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. YEP!!! f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) Difference Between Begotten And Created, Pioneer Woman Diabetes Cure, Jeffrey Epstein Childhood Trauma, Jetblue Travel Requirements Covid, Southern Hills Country Club Black Members, Articles S
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