service connection for sleep apnea is granted

For doing an awesome job. The most important thing to keep in mind is that, no matter what the VA may tell you, the law does allow for VA disability for sleep apnea. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! My sleep apnea is worsened when I lie on my back and I still have loss of breath. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. 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 If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different 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. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. Weve supported more than 15,000 veterans to win their claims and increase their ratings. 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. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. 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. The polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. You're not alone. 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! For example, if a veteran has service connection for diabetes caused by agent orange and it is a well known fact that diabetes can cause sleep apnea, then you should be able to add it to the claim. With lay evidence AND medical evidence. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. 2023-03-04T21:20:56-05:00 How to Hire an Attorney For Your VA Claim or Appeal. My expert agreed to write a rebuttal opinion to the VAs expert. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) %PDF-1.4 Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. This field is for validation purposes and should be left unchanged. However, this has been thoroughly disproven. endstream endobj 42 0 obj <>stream 67 0 obj <>stream What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. Symptoms can become worse with exertion by either physical or mental activity, such as going shopping and having to take a nap in the car before driving home, or staying on task at work and needing the evenings and weekends to recover, taking a shower and becoming bed bound for a couple of days afterward. Those are the ingredients. But if your body cannot get sleep, you will die. 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. Just had C& P exam for sleep apnea. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. * What if it wasnt diagnosed until years after service can I service connect it then? Andmy sleep study was not done in the military.. Thousands of other Veterans in our Community are here for you. See our tips on how to obtain a credible nexus letter. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. I can teach you how to do that. 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. NOW ITS YOUR TURN. The independent opinion of a private medical professional can also influence the C&P examiners medical opinion, as well as the VA rating officials final disability decision. 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.. This is in order to be officially diagnosed. Youll need to make the call on direct service connection versus secondary service connection. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ Secondary Service Connection High blood pressure or hypertension can be easily developed due to stress acquired in active duty. Was your obstructive sleep apnea (OSA) VA claim denied? If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Its an essential piece of evidence. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. You can lose your arms and legs and still survive. Without a CPAP machine, the VA assigns a 30% rating. The VA uses two options for rating most sleep apnea claims. <>stream If you are already service-connected for your knees or your back, you are likely not as active as you once were. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. * How do I appeal the VAs denial of my Sleep Apnea? 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. I dont know if Im authorize a second run at the DRO or go straight to BVA. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). 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! Service connection on a secondary basis requires evidence of aggravation or causation.This requires that the secondary disability be shown to be proximately due to or proximately aggravated by another service-connected disability. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. 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. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 I believe the two are connected. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Since many things can cause sleep apnea (like diabetes, insulin resistance, sinus problems, deviated septum, acid reflux, PTSD, heart problems, stroke, prior injuries to the head and spine, anything that deviates the diaphragm like degenerative changes of the spine, and ascites from liver disease, cirrhosis or hepatitis c), if the veteran has service connection for any of those conditions then you can add the sleep apnea as being caused by those conditions. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. Do You Owe Your Severance Pay Back to the VA? Tender lymph nodes usually in the neck and underarms. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. I disagree. 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). Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. I talked to several doctors about the causes and limitations of sleep apnea. 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. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! 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. See id. How to Connect Sleep Apnea to Military Service. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. * The importance ofamedical expert opinion in your Sleep Apnea claim. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. This field is for validation purposes and should be left unchanged. I also have central and obstructive sleep apnea which has been denied service connection. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). We are sorry that this post was not as useful for you! 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 Perhaps theyll have to spenda night with someone that suffers from obstructive sleep apnea, hear the suffocating snoring, experience the fear that the person will stop breathing altogether, they will continue to not take seriously claims for sleep apnea. 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. While its not really hard to prove service-connection of your sleep apnea, its most certainly not easy: you are going to have to put in some work. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. Proving Service-Connection for Sleep Apnea. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. There is evidence of sleep breathing problems in-service, in the Veterans service medical records, or lay evidence of these problems during the period of military service, but no diagnosis of Sleep Apnea in-service. Instead, lets focus on one type of sleep apnea claim our firm has recently worked on to illustrate just oneof the ways to prove service connection of obstructive sleep apnea. 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. 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.

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