service connection for sleep apnea is granted

Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. 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. UNFORTUNATELY HE DIED.! Camp Lejeune Lawsuit. Sleep apnea is a medically complex disorder. HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. The examiner noted that a major cause of sleep apnea was weight gain and that the veteran weighed 155 pounds in service and 255 pounds in March 2013. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p 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. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. And you are going to have to presentit neatly andpersuasivelyto the VA. I have a diagnosis and a CPAPwhy arent they granting my claim?. I talked to several doctors and sleep experts. Want More Information about VA Sleep Apnea? Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 I dont know if Im authorize a second run at the DRO or go straight to BVA. For doing an awesome job. Is Sleep Apnea a Disability? A Guide for Veterans Service-Connected Sleep Apnea VA Claim | Strategic Veteran 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. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 High blood pressure or hypertension can be easily developed due to stress acquired in active duty. Making the Sausage: Heres what you need to know about new VA Claims regulations. Your email address will not be published. They were at all times attentive and on top of my case. And that means you are going to have to think through your sleep apnea claim. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. We are sorry that this post was not as useful for you! * Can I service connect sleep apnea without a sleep study in service? Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. %PDF-1.4 Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Learn more about us, Veterans Disability Claim Getting Veterans (VA) Disability for Sleep Apnea | CCK Law 38 U.S.C.A. My emphysema is connected. Even without a definitive cause of the disorder there are noted risk factors including being between the ages of 40-50, difficulty managing stress, and women are more commonly diagnosed (possibly because they report symptoms more often). Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV 8 0 obj 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. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. Were Veterans, just like you, whove learned how to navigate within the VA system. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 How to Get a 100 Percent VA Rating (if deserved)! People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. 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. Your email address will not be published. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. 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! Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Gulf War Illness and Presumptive Service Connection. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. . From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. 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. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Some Veterans are taking it a little further and going to the VA with this: I have had problems breathing and sleeping since I was stationed near burn-pits in Iraq and now I have sleep apnea. I want you to think about the BEST path to proving that sleep apnea is service connected, and the BESTway to get the VA sleep apnea disability rating you are entitled to. Its almost as much work and it can often take as much dedication. Copyright 2023 VA Claims Insider, LLC. % Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Thats $901.83 a month. Board of Veterans Appeals If you are already service-connected for your knees or your back, you are likely not as active as you once were. FREE tips for Veterans to stay Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. Hepatitis C also causes insulin resistance. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. In our experience, most VA disability claims are won or lost based on medical evidence. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. San Jose, CA: 2880 Zanker Road, Ste. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. You're not alone. * How do I appeal the VAs denial of my Sleep Apnea? 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. Viet Nam Vet. Keep us posted Im eager to hear how it turns out! My expert agreed to write a rebuttal opinion to the VAs expert. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 If you continue to use this site we will assume that you are happy with it. However, the VA. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. I got a 50% rating. See our article Burn Pit Presumptive Conditions. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. Favorable BVA Case Law Precedent Example #2: Sleep apnea can be your link or nexus for filing claims for: Sleep apnea is a high-value claim in the VA world of ratings. 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. 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. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. fight to get their sleep apnea service-connected. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. Do you have questions about how to service connect sleep apnea claims? This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. protected, calm and informed Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. application/pdf I believe that the VA and BVA do not take Sleep Apnea seriously. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. This field is for validation purposes and should be left unchanged. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Proving Service-Connection for Sleep Apnea - VA Claims Insider 7 0 obj 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. Andmy sleep study was not done in the military.. I cannot recommend Jason and his staff enough. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? 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 Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. Digestion issues like IBS (irritable bowel syndrome). We cant possibly cover each of those and the ways to service connect all of them in this one article. Weight gain can be tied to several different conditions. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD 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. (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)!