In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. You can lose your arms and legs and still survive. OSA is a common denial veterans receive when pursuing a VA claim, but it doesnt have to beif you understand the condition and what your claim must include in order to be successful. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. NOW ITS YOUR TURN. 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
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S/.TWGaxUtbw>Hk :LfNo`BYL2%*{6GuTP rzY9y+%Koa(+Ja.'Xg Even if youve been denied before, its not too late! For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. I have a diagnosis and a CPAPwhy arent they granting my claim?. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c Honestly, they are just saying it. 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. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. 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
Service-Connected Sleep Apnea VA Claim | Strategic Veteran HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. 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. In my book Put it to Rest! Your email address will not be published. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Camp Lejeune Lawsuit. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. No proof of service connection (missing a nexus letter), #4 Lack of active-duty documentation and medical evidence, #5 Filing for direct service connection vs secondary service-connection (secondary to an already service-connected disability). To find the definitive guide for service-connection for sleep apnea, check it out here. *To prove your Sleep Apnea is service connected without a sleep study in the military? There are special rules regarding how a Sleep Apnea disability claim is treated by the VA. It's harder to get than it used to be, and there are more regulations. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. Department of Veterans Affairs My sleep apnea is worsened when I lie on my back and I still have loss of breath. Do you have questions about how to service connect sleep apnea claims? Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim (FDC)so you can increase your rating faster! It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. 1 0 obj 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. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. Give us a call at 800-477-9027 to see if we can help you. 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. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. While proving service-connection for sleep apnea claim accepted is no longer as difficult as it once was, it still is wise to not take your chances and get it right the first time. 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. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. Worsening of symptoms after activities. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. It's almost as much work - and it can often take as much dedication. 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. That is how I suggest you handle this situation. Are you a veteran who suffers from sleep apnea? Copyright 2023 VA Claims Insider, LLC. Save my name, email, and website in this browser for the next time I comment. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. Symptoms can become worse with exertion by either physical or mental activity, such as going shopping and having to take a nap in the car before driving home, or staying on task at work and needing the evenings and weekends to recover, taking a shower and becoming bed bound for a couple of days afterward. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. 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. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected.
VA Disability Ratings for Sleep Disturbances | CCK Law caused or made worse by your active duty military service OR. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. I only have 50 days to file NOD, or file a BVA appeal within 1 year. 38 0 obj
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These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. Hot Dogs for Heroes 4th of July Event This Thursday! Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! 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. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). Sleep apnea is a medically complex disorder. (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)! =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm
/! I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didnt call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesnt stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case Thats Taking Care Of Business. While an OSA disability claim secondary to sinusitis/rhinitis is an easier path, veterans who are service-connected for PTSD (or other mental health conditions) are eligible for secondary service connection for their sleep apnea, and its possible to achieve an OSA disability claim secondary to PTSD with the right strategy and credible medical evidence.
Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Secondary Service Connection sleep apnea is not the kind of disability associated with a wounded warrior. sleep apnea is DEADLY, my brother in law went out CAMPING. It is the only thing that kept in the fight and especially it keeps sane and focus. 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! Second example.lets say the veteran has service connection for PTSD. 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. And that means you are going to have to think through your sleep apnea claim. If you are hurt at work, this is the firm you want on YOUR side. Wc%X$(:ss!LCO^?4d *$
Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT Tender lymph nodes usually in the neck and underarms. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Did the VA Benefit of the Doubt Rule just disappear? I recommend Perkins Law Firm. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders.
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