Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Otherwise, I would properly ended up in mental health facility or going insane!!! * The importance ofamedical expert opinion in your Sleep Apnea claim. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 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.. Cognitive training is important to be able to talk to someone about CFS and its limiting factors on life, and how to cope on a daily basis. Keep us posted Im eager to hear how it turns out! These pauses can happen several times an hour when the apnea is severe. 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. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. . 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? In the U.S. it has been acknowledged that more education needs to be provided to doctors and nurses to give them the skills to detect CFS sooner for the well being of the patient. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. 2023-03-04T21:20:56-05:00 With lay evidence AND medical evidence. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. Tender lymph nodes usually in the neck and underarms. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. This is a great group of people who really care about your well being. They denied extra physical therapy. 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. Take advantage of a FREE VA Claim Discovery Call. You are going to have to think through your case as objectively as you possibly can. Digestion issues like IBS (irritable bowel syndrome). 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! You will then need an expert medical opinion that shows these symptoms back then in service were probably sleep apnea even though you had not been diagnosed at the time. Therefore you should be well prepared before submitting your claim. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. I have sleep apnea diagnosed by the VA sleep study. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Making the Sausage: Heres what you need to know about new VA Claims regulations. 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. You DESERVE a HIGHER VA rating.WE CAN HELP. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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. Microsoft Word 2010 Nexus is simply a connection or series of connections linking two or more things. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. injury case. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Learn how your comment data is processed. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. You can lose a kidney, and live a full and complete life. 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. I recd another denial (3rd) Jun 30, 2017. Did the VA Benefit of the Doubt Rule just disappear? As a fellow disabled Veteran this is shameful and Im on a mission to change it. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 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. First of all, lets explore a little about this common disability in veterans, so you understand the condition and why its important you pursue your claim and get the benefits you deserve. Its an essential piece of evidence. 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. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. * Can I service connect sleep apnea without a sleep study in service? 203, San Jose, CA 95134 (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). 1) Direct Service Connection for Sleep Apnea For direct service connection you must show either of the following: You were diagnosed with sleep apnea during your military service; -or- You must prove the onset of sleep apnea occurred while you were in service. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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. Studies have shown that it is morecommon for Gulf War Veteransin the Southwest Asia theater compared to non-Gulf War Veterans to develop CFS, but the reason for this remains unknown. Of course, I dont give legal advice on the Veterans Law Blog. 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. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Heres what the 38CFR lists for sleep apnea: Once sleep apnea is service-connected, this opens the door for you to file other secondary claims you may want to make. But if your body cannot get sleep, you will die. San Jose, CA: 2880 Zanker Road, Ste. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. Second example.lets say the veteran has service connection for PTSD. The VA uses two options for rating most sleep apnea claims. Its over 165 pages long, and took 9 months of research. 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. BVA Decision uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a . Since there is no cure for CFS the treatment focuses on relief of the symptoms. Winning a VA claim to service connect sleep apnea is hard. If you are hurt at work, this is the firm you want on YOUR side. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . endobj If you are lucky, you start breathing again. It is the only thing that kept in the fight and especially it keeps sane and focus. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. Yi-bR :z>r6iFR The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. How to Get a 100 Percent VA Rating (if deserved)! * WHAT evidencetouseandwhich path to Service Connectionto use. Just had C& P exam for sleep apnea. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea, to include as secondary to the There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. My claim was approved first time submitting. Excessive daytime sleepiness is the most noticeable signal for those who live alone. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). Source: Department of Veteran Affairs Regional Office New Orleans, LA. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. They were at all times attentive and on top of my case. It only took three months. I recommend Perkins Law Firm. 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). 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. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 You can subscribe to his Veterans Disability channel on YouTube. <>stream I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. 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. 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. Your email address will not be published. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. Dear Mr Attig: <>stream I believe the two are connected. If you use a CPAP machine, then this should warrant a 50% rating. Veterans can also prove service connection for sleep apnea by showing that their sleep apnea began in service using service medical records, or by providing a nexus opinion from a medical professional that links their current diagnosis of sleep apnea to signs or symptoms they experienced in service.
service connection for sleep apnea is granted
