CFS is also known asSystemic Exertion Intolerance Disease (SEID)and Myalgic Encephalomyelitis (ME) is characterized by extreme fatigue without explanation from any other underlying condition. Since that time, we have provided compassionate 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. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Were Veterans, just like you, whove learned how to navigate within the VA system. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. This may be 20 or 30 years after the problems started. %PDF-1.4 Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r 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. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Weight gain can be tied to several different conditions. Without a CPAP machine, the VA assigns a 30% rating. Make sure to have your sleep study done. <>stream If you are lucky, you start breathing again. Whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea, to include as secondary to the The most trusted name in education-based resources for Veterans. 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. * What if it wasnt diagnosed until years after service can I service connect it then? 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. * 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. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Hence, the weight gain. Do you have questions about how to service connect sleep apnea claims? You are going to have to think through your case as objectively as you possibly can. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 If you are hurt at work, this is the firm you want on YOUR side. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 The same can be said about service-connected mental health conditions. NOT GOING TO GIVE UP, I filed a FOIA for a copy VA experts opinion in preparation for another NOD, this time Im requesting a formal face to face meeting with DRO. A noticeable sign of obstructive sleep apnea is snoring. * WHAT evidencetouseandwhich path to Service Connectionto use. 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). 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. This is described as being foggy by patients. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. 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. But most veterans are not service-connected for this sinus condition. This is where I come in. The VA uses two options for rating most sleep apnea claims. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. 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. Need a C&P exam for sleep apnea secondary to PTSD? San Jose, CA: 2880 Zanker Road, Ste. They then tell the VA that they have sleep apnea and a CPAP and hope that service connection for sleep apnea is granted. 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. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. As a fellow disabled Veteran this is shameful and Im on a mission to change it. 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. Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. For all about getting a VA rating for sleep apnea, see our post Your Sleep Apnea VA Rating A Guide to Getting a VA Disability Rating for Sleep Apnea. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) Below is the schedule for rating . A credible nexus letter fulfills one of the requirements for secondary service connection for sleep apnea: medical nexus evidence establishing a connection between the service-connected disability and the current disability (sleep apnea). Keep up the great work, and remember, the only way to lose is to give up! Ann Margaret really took the time to explain things to me. Camp Lejeune Lawsuit. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! Winning a VA Sleep Apnea is much harder. However, there are more causes of Cardiomegaly than sleep apnea, so you will want a doctors medical opinoino as to whether your Cardiomegaly is related to a chronic sleep breathing disorder, or has some other origin. about the threat of COVID-19 If you have this condition, it causes the throat muscles to relax while sleeping. Sounds easy enough, right? The transmission of an email request for information does not create an attorney client relationship. Learn more about us, Veterans Disability Claim How you mix them is the hard part. How to Get a 100 Percent VA Rating (if deserved)! Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Did the VA Benefit of the Doubt Rule just disappear? We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! Therefore, because the VA is particularly strict with claims regarding sleep apnea, it is highly recommended that you file your claim with as much evidence as you can obtain. Once you are clear on the type of apnea, you should talk with your doctor further about what he or she thinks is the primary cause for it. Physical therapy can be given to help maintain and improve mobility. Estimate your 2023 VA Rating & Compensation for FREE! In fact, sleep deprivation is a common form of torture, as many of us know all too well. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. %PDF-1.4 % 3. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( Joints and muscles can have a lot of pain during flare-ups, and, due to the fatigue, mobility may not be something a patient can easily do. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 If your situation is not like the one above, remember that this is only oneof the ways you may be able to win VA disability for sleep apnea. VA Disability Claim Timeline For Active Duty Members & Veterans, Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy, Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine, Asymptomatic but with documented sleep disorder breathing. The question raised in this case is whether this "intermediate step" is limited to . The BEST Path to Proving Sleep Apnea is Service Connected. As a matter of fact, it may be easier to substantiate with medical records that the sleep apnea symptoms started after the diagnosis of diabetes. See our tips on how to obtain a credible nexus letter. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. 1) Direct Service Connection for Sleep Apnea For direct service connection you must show either of the following: You were diagnosed with sleep apnea during your military service; -or- You must prove the onset of sleep apnea occurred while you were in service. lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. I am service connected for chronic sinusitis with a 30% rating. Veterans whoare looking for the easy way to get sleep apnea service-connected will not find it in my opinion, there is no such thing. 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. 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. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. In the year thatI spent researching theSleep ApneaField Manual, I learned that there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. caused or made worse by your active duty military service OR. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. without his BI-PAP MACHINE,one up from CPAP,which i have. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. However, the VA. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. We offer free resources and expertise to empower all Veterans. See you on the inside! hTOo0| Do I Need a CPAP Machine to be Service-Connected? A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, Systemic Exertion Intolerance Disease (SEID), Presumption of Service Connection for Chronic Diseases, Common Symptoms of Chronic Fatigue Syndrome. I can teach you how to do that. History of studies and lab work showing the doctor ruled out other possible conditions that may be causing the same symptoms, Nonexudativepharyngitis (swelling of the back of the throat with no mucus), Tender/palpable lymph nodes (neck or underarms), Fatigue lasting longer than 24 hours after exercise, Neuropsychological symptoms (burning, numbness, tingling sensation, sensitivity). In my book Put it to Rest! You can lose your arms and legs and still survive. 4 0 obj 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.. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Both anxiety and depression can also be linked to sleep apnea. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. I recd another denial (3rd) Jun 30, 2017. For instance, often sleep apnea presents itself in those who have been suffering from PTSD. (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)! Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Unfortunately, VA does not always apply the law correctly. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. I only have 50 days to file NOD, or file a BVA appeal within 1 year. 38 U.S.C.A. Scenario 2: The Veteran has a current diagnosis of sleep apnea. Wc%X$(:ss!LCO^?4d *$ endobj But if your body cannot get sleep, you will die. Required fields are marked *. we represent clients nationwide. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. How to Hire an Attorney For Your VA Claim or Appeal. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p Heres 4 lessons I learned that I want to pass on to you if you can really learn and understand these lessons, you will have the power to really improve and service connect sleep apnea claims and appeals. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. No current sleep study within the last 12 months, #2. 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. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. 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. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. There are three types, obstructive, central, and mixed. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. endstream Since there is no cure for CFS the treatment focuses on relief of the symptoms. Anxiety and depression can interfere with sleep patterns. 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. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. If you use a CPAP machine, then this should warrant a 50% rating. Not presumptively. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! I cannot recommend Jason and his staff enough. Even if youve been denied before, its not too late! There are three components to proving direct service connection for any VA disability claim: For the legal principles of direct service connection, see 38 CFR 3.303. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. However, most of the time, sleep apnea is a secondary claim. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. I talked to several doctors and sleep experts. She has always had a passion for helping others and found inspiration from those she cared for. There are certain chronic diseases that a veteran may be presumptively entitled to if the disease manifests to a certain degree within a specified timeframe after the veterans period of, In todays society, hypertension is a common diagnosis for most veterans. 203, San Jose, CA 95134 I disagree. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor.
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