service connection for sleep apnea is granted
If you have this condition, it causes the throat muscles to relax while sleeping. We are sorry that this post was not as useful for you! Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. Both anxiety and depression can also be linked to sleep apnea. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 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. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. 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. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. * 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). * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. The VA uses two options for rating most sleep apnea claims. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. The transmission of an email request for information does not create an attorney client relationship. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT If you continue to use this site we will assume that you are happy with it. If that is similar to your situation, how do you show that link (nexus) between what was going on with you during service and the actual diagnosis of obstructive sleep apnea you now have? 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. There are three primary ways for veterans to get a sleep study: Once youve finished your sleep study, its important to review your results with a sleep specialist to confirm whether you have a medical diagnosis of sleep apnea. about the threat of COVID-19 I was diagnosed with OSA 10 years after separation. San Jose, CA: 2880 Zanker Road, Ste. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. How to Hire an Attorney For Your VA Claim or Appeal. 38 U.S.C.A. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. %PDF-1.4 % I cannot recommend Jason and his staff enough. 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. Not presumptively. I can teach you how to do that. These pauses can happen several times an hour when the apnea is severe. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Sleep Apnea in Gulf War Veterans - Public Health Is Sleep Apnea Could Be a Service-Connected VA Disability? Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg Youre arent alone. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. A nexus letter is often the missing link in a VA claim. 1 0 obj Microsoft Word 2010 This is a great group of people who really care about your well being. * What if it wasnt diagnosed until years after service can I service connect it then? Can I Get a VA Rating for Sleep Apnea Secondary to Depression? .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w That's what Veteran Lee G. did - Lee's VA claim changed when he read my Sleep Apnea book: "Chris gave me the knowledge to file a claim for Sleep Apnea. The VA uses two options for rating most sleep apnea claims. endobj 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. Make sure to have your sleep study done. 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. It only took three months. VA Disability Ratings for Hypertension and Sleep Apnea 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 The problem is that many disabilities that arise in service are not actually diagnosed in service. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Has camp Lejeune exposures been linked to sleep apnea? This field is for validation purposes and should be left unchanged. How to Get a 100 Percent VA Rating (if deserved)! without his BI-PAP MACHINE,one up from CPAP,which i have. 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. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. Winning a VA Sleep Apnea is much harder. Without a CPAP machine, the VA assigns a 30% rating. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. For instance, the rating criteria for 100% disability rating for chronic fatigue syndrome detailing debilitating and incapacitating fatigue, cognitive impairments, or a mixture of other similar symptoms severe enough to restrict your daily life and self-care significantly. 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. 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. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. 2023-03-04T21:20:56-05:00 Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Scenario 2: The Veteran has a current diagnosis of sleep apnea. The first requirement which must be met to satisfy the VA is a sleep study. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Of course, I dont give legal advice on the Veterans Law Blog. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). In fact, sleep deprivation is a common form of torture, as many of us know all too well. 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. 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. By doing this your claim will have the best chance possible. 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. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 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. Is Sleep Apnea a Disability? A Guide for Veterans Even if yours is obstructive sleep apnea like we discussed here, there are still other ways to service connection other than proving you had sleep apnea in service. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. I talked to several doctors about the causes and limitations of sleep apnea. She has always had a passion for helping others and found inspiration from those she cared for. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. See you on the inside! 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. FREE tips for veterans to stay protected, calm and informed 2017-05-30T18:09:36-04:00 This may be even easier for you now because of a new VA new rule as of August 2, 2021. Please call for an appointment before visiting: Mail Processing Center: P.O. And that means you are going to have to think through your sleep apnea claim. 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.. Did the VA Benefit of the Doubt Rule just disappear? 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! I did not have a va physical until about 13 years after seperation from service. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. I believe that the VA and BVA do not take Sleep Apnea seriously. Thousands of other Veterans in our Community are here for you. How to File a Claim on VA.gov (step-by-step)! I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. 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. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Weve supported more than 15,000 veterans to win their claims and increase their ratings. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! My emphysema is connected. While we still have our home base in Florida, protected, calm and informed See id. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. YEP!!! Required fields are marked *. I have sleep apnea diagnosed by the VA sleep study. 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.