I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. I disagree. Excessive daytime sleepiness is the most noticeable signal for those who live alone. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! Heres the brutal truth about VA disability claims: The proper medical explanation of the origin of the veterans sleep apnea, Lay AND Medical detailing of the symptoms experienced from sleep apnea affecting the veteran since the onset of the condition in the service until the present day. This field is for validation purposes and should be left unchanged. 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. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. You are going to have to get a LOT of 5-Star Evidence. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Both sinusitis and rhinitis are linked to sleep apnea. I believe that the VA and BVA do not take Sleep Apnea seriously. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! How to Connect Sleep Apnea to Military Service. My sleep apnea is worsened when I lie on my back and I still have loss of breath. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider The VA uses two options for rating most sleep apnea claims. 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. 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. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w However, there are more causes of Cardiomegaly than sleep apnea, so you will want a doctors medical opinoino as to whether your Cardiomegaly is related to a chronic sleep breathing disorder, or has some other origin. A noticeable sign of obstructive sleep apnea is snoring. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. VA Disability Ratings for Sleep Disturbances | CCK Law Learn how your comment data is processed. If you use a CPAP machine, then this should warrant a 50% rating. I got so many questions that I began to do a lot of research into how to service connect Sleep Apnea claims and what is happening with Sleep Apnea in the Veterans community. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of 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. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. 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. * How do I appeal the VAs denial of my Sleep Apnea? Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. The first requirement which must be met to satisfy the VA is a sleep study. (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)! If you continue to use this site we will assume that you are happy with it. 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. 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. Honestly, they are just saying it. I cannot recommend Jason and his staff enough. 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. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Sleep Apnea in Gulf War Veterans - Public Health The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Physical therapy can be given to help maintain and improve mobility. VA Claims insider is an education-based coaching/consulting company. How to Hire an Attorney For Your VA Claim or Appeal. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. Perhaps theyll have to spenda night with someone that suffers from obstructive sleep apnea, hear the suffocating snoring, experience the fear that the person will stop breathing altogether, they will continue to not take seriously claims for sleep apnea. Sounds easy enough, right? Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. Dont make the mistake so many other veterans have. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. Board of Veterans Appeals Proving Service-Connection for Sleep Apnea - VA Claims Insider By doing this your claim will have the best chance possible. sleep apnea is not the kind of disability associated with a wounded warrior. And you are going to have to presentit neatly andpersuasivelyto the VA. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. This may be even easier for you now because of a new VA new rule as of August 2, 2021. * 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). I recommend Perkins Law Firm. 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. Winning a VA Sleep Apnea is much harder. If you are hurt at work, this is the firm you want on YOUR side. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! They denied injections the doctor recommended to ease my pain. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. The most trusted name in education-based resources for Veterans. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . we represent clients nationwide. 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. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. Favorable BVA Case Law Precedent Example #2: The most important thing to keep in mind is that, no matter what the VA may tell you, the law does allow for VA disability for sleep apnea. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ I have sleep apnea diagnosed by the VA sleep study. 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. Kim was very helpful and any time I had a question she made sure I got an answer. The most trusted name in education-based resources for Veterans. Thats what Veteran Lee G. did Lees VA claim changed when he read my Sleep Apnea book: Chris gave me the knowledge to file a claim for Sleep Apnea. But most veterans are not service-connected for this sinus condition. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. In fact, sleep deprivation is a common form of torture, as many of us know all too well. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? 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. Need help claiming this crucial part of your claim? This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. 2023-03-04T21:20:56-05:00 If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. The information contained on this web site is provided for informational purposes only and not legal advice. 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. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. 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. Since there is no cure for CFS the treatment focuses on relief of the symptoms. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). Thats what Sleep Apnea does while you are sleeping, you stop breathing. In order to help you with your secondary claim, we have put together this Insiders Guide! Yi-bR :z>r6iFR The VA classifies Sleep Apnea as a disability for which compensation is granted. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. 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. 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). Lesson #2: Sleep Apnea is affectinga LOTof Veterans. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 38 0 obj <> endobj entitlement to service connection for nerve damage to the bilateral lower extremities, to include as due to Gulf War illness, and, if so, whether the claim should be granted. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. 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. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. VA Disability Claim Timeline For Active Duty Members & Veterans, Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy, Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine, Asymptomatic but with documented sleep disorder breathing. Any advice on getting sleep apnea service connected? Estimate your 2023 VA Rating & Compensation for FREE! 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. 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. 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. But if your body cannot get sleep, you will die. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. See R. at 8-9. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. 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. Second example.lets say the veteran has service connection for PTSD. sleep apnea is DEADLY, my brother in law went out CAMPING. Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans..
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