service connection for sleep apnea is granted

A noticeable sign of obstructive sleep apnea is snoring. They denied injections the doctor recommended to ease my pain. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. Hence, the weight gain. However, if you use one, it does provide you with a higher rating. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . FREE tips for veterans to stay protected, calm and informed Also, to check for the cause of fatigue a doctor may do physical examinations such as an exercise stress test to check on the function of the heart and lungs. 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! caused or made worse by your active duty military service OR. Department of Veterans Affairs * 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). aggravated beyond its natural progression by another service-connected condition (for secondary service connection). At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law. % A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness; Once service connection is awarded, sleep apnea is then rated under 38 CFR 4.97, Diagnostic Code 6847 - Sleep Apnea Syndromes (obstructive, central, mixed). I have sleep apnea and emphysema. Learn how your comment data is processed. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Contact Us I have a diagnosis and a CPAPwhy arent they granting my claim?. See id. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. 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! 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r 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. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. we represent clients nationwide. The best way to receive a VA disability compensation rating for sleep apnea is to provide the following information along with your claim: While the VA has begun to show a greater understanding of sleep apnea in veterans, the hard truth is that the VA has still not proven itself to accept the full range of how sleep apnea can manifest. This may be 20 or 30 years after the problems started. Jason Perkins, was my lawyer in a workers comp. These pauses can happen several times an hour when the apnea is severe. They were at all times attentive and on top of my case. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. My sleep apnea is worsened when I lie on my back and I still have loss of breath. YEP!!! Both anxiety and depression can also be linked to sleep apnea. The VA disability ratings for Chronic Fatigue Syndrome are 10%, 20%, 40%, 60%, and 100% all dependent on the severity and other factors of your symptoms. The VA classifies Sleep Apnea as a disability for which compensation is granted. I recommend Perkins Law Firm. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . 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. I told you at the beginning I wantto change your thinking. If you use a CPAP machine, then this should warrant a 50% rating. 38 0 obj <> endobj Andmy sleep study was not done in the military.. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. My expert agreed to write a rebuttal opinion to the VAs expert. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. If there is a way for us to improve our claims to get more granted for Vets with "GWI", rest assured, you will find it on the Veterans Law Blog. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w 56 0 obj <>/Filter/FlateDecode/ID[<729BA82B1983FD4B95AA1B8BF2E87A7F>]/Index[38 30]/Info 37 0 R/Length 93/Prev 108595/Root 39 0 R/Size 68/Type/XRef/W[1 3 1]>>stream 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. Scenario 2: The Veteran has a current diagnosis of sleep apnea. 0 Favorable BVA Case Law Precedent Example #2: Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. For instance, if you complain of being tired all the time your doctor may order blood tests to check for anemia, diabetes, and hypothyroidism all of which cause fatigue. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. 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. The same can be said about service-connected mental health conditions. I only have 50 days to file NOD, or file a BVA appeal within 1 year. Allergies or sensitivities to foods, odors, chemicals, or noise. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. Ill also show you: * The problem with your particular type of Sleep Apnea from the VAs perspective, * The Key Question to be resolved in EACH scenario, * Solutions to the Most Common Errors in Sleep Apnea claims. Everyone I came in contact with there was very nice. Was your obstructive sleep apnea (OSA) VA claim denied? You only need to establish that your sleep apnea is at least as likely as not: A nexus letter is an evidence-based document prepared by a medical professional that helps to establish a connection between the veterans current disability and either military service (for direct service connection) or another rated disability (for secondary service connection). Your voice is important especially when it comes to your own health care. Headaches which are new or have become worse. sleep apnea is not the kind of disability associated with a wounded warrior. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. If you are hurt at work, this is the firm you want on YOUR side. I talked to several doctors and sleep experts. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ You can subscribe to his Veterans Disability channel on YouTube. 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. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. This means they make their claim without providing much proof. To find the definitive guide for service-connection for sleep apnea, check it out here. 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 * WHAT evidencetouseandwhich path to Service Connectionto use. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. 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. Thousands of other Veterans in our Community are here for you. However, most of the time, sleep apnea is a secondary claim. My claim was approved first time submitting. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Sleep apnea is a medically complex disorder. However, the VA. Its an essential piece of evidence. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2016 - VeteransLawBlog.org - All Rights Reserved | Terms & Conditions | Legal Disclaimer, The Veterans Law Blog is NOT a law firm. Please call for an appointment before visiting: Mail Processing Center: P.O. The question raised in this case is whether this "intermediate step" is limited to . Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Youre arent alone. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. 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. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. 2023-03-04T21:20:56-05:00 . and Coronavirus. Thanks to additions to the VA presumptive list, you may be able to presumptively service-connect rhinitis, sinusitis, rhinosinusitis or asthma if you served in particular theaters during specified time periods. VA claim for sleep apnea denied? Physical therapy can be given to help maintain and improve mobility. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. * A good Lay and Medical presentation and assessment of the sleep apnea symptoms you have had from service, or service-discharge, to the present day. I dont know if Im authorize a second run at the DRO or go straight to BVA. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Without a CPAP machine, the VA assigns a 30% rating. Making the Sausage: Heres what you need to know about new VA Claims regulations. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. Take advantage of a FREE VA Claim Discovery Call. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 There are 3 ways to get it: Chris, Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. This may be even easier for you now because of a new VA new rule as of August 2, 2021. The most trusted name in education-based resources for Veterans. 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. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. Make sure to have your sleep study done. Required fields are marked *. 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 BEST Path to Proving Sleep Apnea is Service Connected. Tender lymph nodes usually in the neck and underarms. Youll need to make the call on direct service connection versus secondary service connection. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV hTOo0| Also see our post What is a Service-Connected Disability? Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Your airway narrows and closes, leading to pauses in the breathing cycle. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. 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. One of the most straightforward ways to achieve service connection of a particular disease or disability is to show that you had that disease or disability while in service. 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. Therefore you should be well prepared before submitting your claim. about the threat of COVID-19 and Coronavirus. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. Sounds easy enough, right? I think that far too many raters and BVA judges think of sleep apnea as made up medicine. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. The VA uses two options for rating most sleep apnea claims. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 endobj Winning a VA Sleep Apnea is much harder. 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. Winning a VA claim to service connect sleep apnea is hard. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. 2020 Strategic Veteran All Rights Reserved.

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