service connection for sleep apnea is granted

Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. BVA Decision These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. The question raised in this case is whether this "intermediate step" is limited to . I am also service connected for chronic bronchitis with a rating of 0 %. 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. I have tried to connect OSA secondary to chronic sinusitis which has also been denied. endobj If you have this condition, it causes the throat muscles to relax while sleeping. Did the VA Benefit of the Doubt Rule just disappear? In fact, sleep deprivation is a common form of torture, as many of us know all too well. * Damage to the brain from a TBI (Traumatic Brain Injury). This is described as being foggy by patients. Need help claiming this crucial part of your claim? From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. 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. Sleep apnea is a medically complex disorder. Check out the Sleep Apnea Field Manual. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches 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. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. San Jose, CA: 2880 Zanker Road, Ste. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. In my book Put it to Rest! If you are hurt at work, this is the firm you want on YOUR side. Jason Perkins, was my lawyer in a workers comp. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Its one thing to give you the ingredients for a chocolate cake. My sleep apnea is worsened when I lie on my back and I still have loss of breath. The biggest mistake most veterans make in their service-connection for sleep apnea claims is in expecting the VA to take them at their word. Do You Owe Your Severance Pay Back to the VA? The transmission of an email request for information does not create an attorney client relationship. You can subscribe to his Veterans Disability channel on YouTube. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Just had C& P exam for sleep apnea. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. Without a CPAP machine, the VA assigns a 30% rating. Copyright 2023 VA Claims Insider, LLC. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. How to Hire an Attorney For Your VA Claim or Appeal. You cut off oxygen to the brain and blood, and other body systems break down. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. we represent clients nationwide. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Chills and night sweats as well as low-grade fevers. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Headaches which are new or have become worse. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. A medical opinion will be necessary to show these causative connection, and you will want to first service connect the sinusitis, and then argue that the OSA is secondary or argue that the OSA is secondary to the bronchitis. 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. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! The BEST Path to Proving Sleep Apnea is Service Connected. As a fellow disabled Veteran this is shameful and Im on a mission to change it. If your situation is not like the one above, remember that this is only oneof the ways you may be able to win VA disability for sleep apnea. The most trusted name in education-based resources for Veterans. Theres lots of literature available to back it up. Thats $901.83 a month. Youre arent alone. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. While youmay have been a loud snorer or had other sleep difficulties in service that are normally associated with sleep apnea, if you are like most service members you probablydid not undergo a sleep study and get a formal diagnosis before your discharge from service. By doing this your claim will have the best chance possible. Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of.. To find the definitive guide for service-connection for sleep apnea, check it out here. And you are going to have to presentit neatly andpersuasivelyto the VA. They think of Sleep Apnea as a disease of the obese, and then they tell them one of the big Fairy Tales about VA Claims. Yi-bR :z>r6iFR * The importance ofamedical expert opinion in your Sleep Apnea claim. My expert agreed to write a rebuttal opinion to the VAs expert. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. 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. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. 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. 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. See id. The same can be said about service-connected mental health conditions. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). I think that far too many raters and BVA judges think of sleep apnea as made up medicine. Your email address will not be published. Both anxiety and depression can also be linked to sleep apnea. We offer free resources and expertise to empower all Veterans. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. The information contained on this web site is provided for informational purposes only and not legal advice. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. 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. endstream endobj 42 0 obj <>stream Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream 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. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. For doing an awesome job. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! endstream endobj startxref Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. . There are three types, obstructive, central, and mixed. 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. . Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years.

service connection for sleep apnea is granted 2023