Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Making the Sausage: Heres what you need to know about new VA Claims regulations. Board of Veterans' Appeals Yi-bR :z>r6iFR A noticeable sign of obstructive sleep apnea is snoring. Battle of DUAL-EXPERTS Chris, you called it!!! <>stream The information contained on this web site is provided for informational purposes only and not legal advice. * Damage to the brain from a TBI (Traumatic Brain Injury). 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. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. I recommend Perkins Law Firm. 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. I told you at the beginning I wantto change your thinking. Your voice is important especially when it comes to your own health care. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Its over 165 pages long, and took 9 months of research. 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. I recd another denial (3rd) Jun 30, 2017. The rate was a staggering 22%. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. application/pdf Dear Mr Attig: Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. Whats the VAs Problem with Sleep Apnea? We see that quite often with sleep apnea claims. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. Department of Veterans Affairs <>stream Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v Without a CPAP machine, the VA assigns a 30% rating. All Rights Reserved. * How the VA willrate your sleep apnea condition after granting Service Connection. 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). In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Camp Lejeune Lawsuit. This field is for validation purposes and should be left unchanged. * How do I appeal the VAs denial of my Sleep Apnea? Has camp Lejeune exposures been linked to sleep apnea? Take a look at the Sleep Apnea eBook when it comes out I think you will find a lot of informaiton that will help you understand better the many different paths and proofs for service connection of Sleep Apnea. This means they make their claim without providing much proof. 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. 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. endobj How can you learn more about these things? I filed to reopen my SA claim in 2016. 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. Which primary disabilities make the best claims for secondary service connection of sleep apnea? 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. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. See id. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( If you are already service-connected for your knees or your back, you are likely not as active as you once were. 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. This is where I come in. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. 203, San Jose, CA 95134 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. 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. VA Disability for Sleep Apnea Secondary to Sinusitis | CCK Law Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! 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. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w By law, there are three evidentiary elements that must be satisfied for sleep apnea secondary conditions to prove secondary service connection: The first part can be satisfied with any existing medical evidence service treatment records, VA medical records, or any private medical records, assuming you do have a diagnosis of sleep apnea. Check out the Sleep Apnea Field Manual. Direct service connection for sleep apnea may be granted for veterans who can show that their sleep apnea began in service using service medical records, and by providing a nexus opinion from a qualified medical professional that links sleep apnea to events or exposures in service. Make sure to have your sleep study done. Any advice on getting sleep apnea service connected? The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. I was diagnosed with OSA 10 years after separation. How to Service Connect Chronic Fatigue Syndrome I have also had a stroke. However, this has been thoroughly disproven. Thanks for your concern and the blog. In our experience, OSA denials are almost always due to one or more of these five gaps: Fortunately, there are simple strategies you can employ to address these factorseven if the VA has already denied your VA claim for sleep apnea. 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. 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. Your email address will not be published. * Can I service connect sleep apnea without a sleep study in service? The transmission of an email request for information does not create an attorney client relationship. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. 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. As this represents a total grant . 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. When I turned my case over to Jason things turned around, QUICK. 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. See R. at 8-9. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. And you are going to have to presentit neatly andpersuasivelyto the VA. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? 1 0 obj Winning a VA Sleep Apnea is much harder. I disagree. 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.. Its one thing to give you the ingredients for a chocolate cake. You are going to have to think through your case as objectively as you possibly can. 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. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Was your obstructive sleep apnea (OSA) VA claim denied? 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). Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Chills and night sweats as well as low-grade fevers. Everyone I came in contact with there was very nice. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). . Scenario 2: The Veteran has a current diagnosis of sleep apnea. Need help claiming this crucial part of your claim? 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. SvKve5.YmPE}=;vpb -GW2RN Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. Hence, the weight gain. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Did the VA Benefit of the Doubt Rule just disappear? Some people have developed CFS after having a viral infection like Epstein Barr virus, Herpes virus 6, and mouse leukemia virus, but there has been no conclusive evidence. Please call for an appointment before visiting: Mail Processing Center: P.O. You are going to have to get a LOT of 5-Star Evidence. Service-Connected Sleep Apnea VA Claim | Strategic Veteran Lesson #2: Sleep Apnea is affectinga LOTof Veterans. Give us a call at 800-477-9027 to see if we can help you. 7 0 obj 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. Unfortunately, VA does not always apply the law correctly. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ 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. How to Hire an Attorney For Your VA Claim or Appeal. 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 Why? Ann Margaret really took the time to explain things to me. Cognitive training is important to be able to talk to someone about CFS and its limiting factors on life, and how to cope on a daily basis. This may be 20 or 30 years after the problems started. 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. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters. Proving Service-Connection for Sleep Apnea. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. Your email address will not be published. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. Both anxiety and depression can also be linked to sleep apnea. Its almost as much work and it can often take as much dedication. sleep apnea is DEADLY, my brother in law went out CAMPING. Viet Nam Vet. I read hundreds of cases. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. What about PTSD? %PDF-1.4 These pauses can happen several times an hour when the apnea is severe. 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. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Also see our post What is a Service-Connected Disability? Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. Even if yours is obstructive sleep apnea like we discussed here, there are still other ways to service connection other than proving you had sleep apnea in service. But if your body cannot get sleep, you will die. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. VA Disability Ratings for Hypertension and Sleep Apnea 2 0 obj 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. I dont know if Im authorize a second run at the DRO or go straight to BVA. 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. 4 Lessons You Need to Learn to Service Connect Sleep Apnea. Learn how your comment data is processed. HWnH}W#zx 8Fb$vhjKLdRCR6-kf$}9u/U(XVX= eX5e2by=t-V?l*_?,?C&{u&Q,E1[x3")KYdXD@Q2+x."]}0uLB!_ne\Ya)y,"k"Q>bV7mWnXQn ZDE(WQ 8mSNMj;vwWoDL-y9mxC~`S3t|4[& S/.TWGaxUtbw>Hk :LfNo`BYL2%*{6GuTP rzY9y+%Koa(+Ja.'Xg (In many cases, amedical expert report or opinion may be crucial to success). This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. They denied injections the doctor recommended to ease my pain. Template for processing Decision or Remand document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! You can subscribe to his Veterans Disability channel on YouTube. Your first step is to be absolutely sure about what type of apnea you have. She has always had a passion for helping others and found inspiration from those she cared for. It only took three months. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. In this article, well help you understand the top 5 reasons OSA claims are deniedand even better, what to do about it if youve received a denial for your OSA claim. I have a diagnosis and a CPAPwhy arent they granting my claim?. Board of Veterans Appeals Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. VA Claims insider is an education-based coaching/consulting company. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. 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. As a fellow disabled Veteran this is shameful and Im on a mission to change it. OSA is a common denial veterans receive when pursuing a VA claim, but it doesnt have to beif you understand the condition and what your claim must include in order to be successful. For doing an awesome job. We cant possibly cover each of those and the ways to service connect all of them in this one article. At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law. I tried going it alone and the insurance carrier pushed me around. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. IN THE APPEAL OF . In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Nexus is simply a connection or series of connections linking two or more things. Is Sleep Apnea a Disability? A Guide for Veterans In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Proving Service-Connection for Sleep Apnea - VA Claims Insider My emphysema is connected. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. While youmay have been a loud snorer or had other sleep difficulties in service that are normally associated with sleep apnea, if you are like most service members you probablydid not undergo a sleep study and get a formal diagnosis before your discharge from service. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Need a C&P exam for sleep apnea secondary to PTSD?