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. My emphysema is connected. I believe the two are connected. I tried going it alone and the insurance carrier pushed me around. endobj 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. Excessive daytime sleepiness is the most noticeable signal for those who live alone. BVA Decision Thousands of other Veterans in our Community are here for you. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. 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. See our tips on how to obtain a credible nexus letter. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! Wc%X$(:ss!LCO^?4d *$
Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. To find the definitive guide for service-connection for sleep apnea, check it out here. 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. I did not have a va physical until about 13 years after seperation from service. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. The first requirement which must be met to satisfy the VA is a sleep study. 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. Did the VA Benefit of the Doubt Rule just disappear? I understand you want your VA claim to be done as quickly as possible. 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. In my book Put it to Rest! Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. endobj <>stream 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). I recommend Perkins Law Firm. .{}p/=jyWG0j#kdLl%*~
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G(7H^1rnWI\8@I8w YEP!!! Medical professionals did not have the medical capabilities to perform sleep study testing when they served. 2 0 obj You can lose your arms and legs and still survive. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. As the patient, this can be a stressful time, which is why it is so important to tell your doctor all the symptoms you have even if they seem silly or strange. When filing a VA disability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. Estimate your 2023 VA Rating & Compensation for FREE! Translation: 3 out of every 4 of youwill see your sleep apnea claims and appeals deniedunless you learn how to prove your Sleep Apnea Claim the right way. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! endobj I cannot recommend Jason and his staff enough. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. 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. You're not alone. You're not alone. * WHAT evidencetouseandwhich path to Service Connectionto use. Will be some time before answer but getting all the info I can. I filed to reopen my SA claim in 2016. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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! Save my name, email, and website in this browser for the next time I comment. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. OSA secondary to PTSD (or other mental health claim) is a more challenging claim to make, but it is still a top candidate for secondary service connection of sleep apnea. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. There are special rules regarding how a Sleep Apnea disability claim is treated by the VA. It's harder to get than it used to be, and there are more regulations. Take advantage of a FREE VA Claim Discovery Call. Not presumptively. Andmy sleep study was not done in the military.. 3. Just had C& P exam 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. In our opinion, the only time a veteran should pursue direct service connection for sleep apnea is if you had a sleep study performed while on active duty, which confirmed the presence of a sleep apnea condition (medically diagnosed) during active-duty service. Save my name, email, and website in this browser for the next time I comment. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . High blood pressure or hypertension can be easily developed due to stress acquired in active duty. 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. Nexus is simply a connection or series of connections linking two or more things. All Rights Reserved. 2020 Strategic Veteran All Rights Reserved. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Veterans with CPAP machines have often fallen into the trap of believing that their use of the CPAP will be enough to qualify their claim with the VA. How to Connect Sleep Apnea to Military Service. FREE tips for veterans to stay protected, calm and informed application/pdf From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. 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. Heres the brutal truth about VA disability claims: The proper medical explanation of the origin of the veterans sleep apnea, Lay AND Medical detailing of the symptoms experienced from sleep apnea affecting the veteran since the onset of the condition in the service until the present day. 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. . These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. 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. While an OSA disability claim secondary to sinusitis/rhinitis is an easier path, veterans who are service-connected for PTSD (or other mental health conditions) are eligible for secondary service connection for their sleep apnea, and its possible to achieve an OSA disability claim secondary to PTSD with the right strategy and credible medical evidence. Learn more about us, Veterans Disability Claim Everyone I came in contact with there was very nice. 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. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. %PDF-1.4
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Lets begin today's post with the Bottom Line Up Front (BLUF): It is HARD to get service connected for Sleep Apnea secondary to Depression.
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.