uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. If that is similar to your situation, how do you show that link (nexus) between what was going on with you during service and the actual diagnosis of obstructive sleep apnea you now have? But remember the ultimate goal to win your VA disability compensation claim. Your voice is important especially when it comes to your own health care. I am service connected for chronic sinusitis with a 30% rating. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p fight to get their sleep apnea service-connected. Thats what Veteran Lee G. did Lees VA claim changed when he read my Sleep Apnea book: Chris gave me the knowledge to file a claim for Sleep Apnea. Thats $901.83 a month. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 For doing an awesome job. 3. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. Make sure to have your sleep study done. sleep apnea is DEADLY, my brother in law went out CAMPING. They denied extra physical therapy. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney. You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. z`tsd#Ex>@"A"M@+5;$ 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. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. This field is for validation purposes and should be left unchanged. Whats the VAs Problem with Sleep Apnea? Weight gain can be tied to several different conditions. When Daniel laid it out and told me almost specifically, "Here's your timeline, here's how you do it, "here's what you do, here's what you need, "here are the things that you need," that sealed the deal. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. 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). Do I Need a CPAP Machine to be Service-Connected? Sounds easy enough, right? Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). 38 0 obj <> endobj Take advantage of a FREE VA Claim Discovery Call. 67 0 obj <>stream 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. 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. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Scenario 2: The Veteran has a current diagnosis of sleep apnea. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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 Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 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. Another theory is a hormonal imbalance because elevated hormones are seen in the blood work of those who have CFS, but the importance of this is unknown as well. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. I tried going it alone and the insurance carrier pushed me around. endobj 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. Weve supported more than 15,000 veterans to win their claims and increase their ratings. 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. 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. 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. 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. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . 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. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. The BEST Path to Proving Sleep Apnea is Service Connected. IN THE APPEAL OF . The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. hTOo0| I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. You can lose a kidney, and live a full and complete life. Headaches which are new or have become worse. Digestion issues like IBS (irritable bowel syndrome). If you are lucky, you start breathing again. 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. Camp Lejeune Lawsuit. 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. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 2020 Strategic Veteran All Rights Reserved. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. endstream endobj 43 0 obj <>stream This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. 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. The VA uses two options for rating most sleep apnea claims. Our firm was founded in 1986 in Orlando, Florida. How can you learn more about these things? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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). 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. 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 awake countless time at night due to this. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. Scenario 1: Diagnosis of Sleep Apnea First Occurs a Long Time after Service, with no evidence of sleep-breathing problems in the Military Service, or Military Medical, records. I cannot recommend Jason and his staff enough. 8 0 obj Here, nexus is the connection between your service and the current diagnosis of sleep apnea. The most trusted name in education-based resources for Veterans. 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.. 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. This may be even easier for you now because of a new VA new rule as of August 2, 2021. 0 One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. We offer free resources and expertise to empower all Veterans. You are going to have to think through your case as objectively as you possibly can. Making the Sausage: Heres what you need to know about new VA Claims regulations. Template for processing Decision or Remand 2017-05-30T18:09:36-04:00 If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. I talked to several doctors about the causes and limitations of sleep apnea. It only took three months. My expert agreed to write a rebuttal opinion to the VAs expert. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. Save my name, email, and website in this browser for the next time I comment. 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. I can teach you how to do that. All Rights Reserved. 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. Excessive daytime sleepiness is the most noticeable signal for those who live alone. Therefore you should be well prepared before submitting your claim. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Heck, I get an email or more a day from a Veteran that says this: My Sleep Apnea claimwas not granted. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. 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. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Not only does the VA provide compensation, but once you receive a service-connection for it, it provides a way to get other disabilities to service-connected. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. 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. endobj Did the VA Benefit of the Doubt Rule just disappear? 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. Chills and night sweats as well as low-grade fevers. Learn more about us, Veterans Disability Claim No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. No proof of service connection (missing a nexus letter), #4 Lack of active-duty documentation and medical evidence, #5 Filing for direct service connection vs secondary service-connection (secondary to an already service-connected disability). I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. As a fellow disabled Veteran this is shameful and Im on a mission to change it. The VA then diagnoses sleep apnea and with the snap of a finger, the Gulf War Illness presumption disappears and the Veteran now has to prove service connection of his sleep apnea. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r Without a CPAP machine, the VA assigns a 30% rating. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. You DESERVE a HIGHER VA rating.WE CAN HELP. If you are already service-connected for your knees or your back, you are likely not as active as you once were. 4 0 obj Source: Department of Veteran Affairs Regional Office New Orleans, LA. 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. Need help claiming this crucial part of your claim? I filed NOD in early 2017 request an informal DRO. THANK YOU AGAIN. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. A noticeable sign of obstructive sleep apnea is snoring. 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. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. I recommend Perkins Law Firm. The same can be said about service-connected mental health conditions.
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