Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. How to Hire an Attorney For Your VA Claim or Appeal. I filed to reopen my SA claim in 2016. Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. Your airway narrows and closes, leading to pauses in the breathing cycle. endobj When I turned my case over to Jason things turned around, QUICK. See our article Burn Pit Presumptive Conditions. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Even as Veterans Claims for Sleep Apnea soar, it is clear that theVA DOES NOT understand the full scope of how sleep apnea occurs, medically or factually. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. You're not alone. 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). and Coronavirus. They are ALL experiencing a Perfect Storm of Sleep Apnea problems: breathing disorders, mental health conditions, heart conditions and diabetes are all causing an epidemic of Sleep Apnea in our Vietnam Veterans. If you continue to use this site we will assume that you are happy with it. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. 0 In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. 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! 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.. Tender lymph nodes usually in the neck and underarms. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Youre arent alone. Sleep apnea is a medically complex disorder. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. Your final VA Disability Rating for Insomnia depends upon the Top 5 Reasons for Obstructive Sleep Apnea Claim Denials (Plus OSA Service Connection Tips), Steps and Strategies: How to Prove Service Connection for Sleep Apnea, Step #1: Get a NEW Sleep Study (within the past 12 months), Step #2: Obtain a medical diagnosis of sleep apnea from a sleep specialist, Step #3: Get a nexus letter for sleep apnea from a credible independent medical professional, Lack of Medical Evidence is the #1 Reason VA Claims are Denied, Step #4: Consider secondary service connection instead of direct service connection, Secondary Service Connection Requirements. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. It is the only thing that kept in the fight and especially it keeps sane and focus. % 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. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. Need a C&P exam for sleep apnea secondary to PTSD? Sounds easy enough, right? How is Chronic Fatigue Syndrome Diagnosed? Digestion issues like IBS (irritable bowel syndrome). 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. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. 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. 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). Otherwise, I would properly ended up in mental health facility or going insane!!! Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. How to Get a 100 Percent VA Rating (if deserved)! 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. 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. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! 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. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 7 0 obj This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. protected, calm and informed Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 I have also had a stroke. Veterans can also prove service connection for sleep apnea by showing that their sleep apnea began in service using service medical records, or by providing a nexus opinion from a medical professional that links their current diagnosis of sleep apnea to signs or symptoms they experienced in service. we represent clients nationwide. Give us a call at 800-477-9027 to see if we can help you. 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. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. 67 0 obj <>stream ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. This field is for validation purposes and should be left unchanged. Youre welcome, Sam! Its an essential piece of evidence. I met with my expert who offered opinion on my behalf and she was amazed by the decision, but not surprise by the level in which the VA are denying veterans SP claims. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. Your first step is to be absolutely sure about what type of apnea you have. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Of course, I dont give legal advice on the Veterans Law Blog. The VA uses two options for rating most sleep apnea claims. We can helpreach out so we can show you how. 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. I am also service connected for chronic bronchitis with a rating of 0 %. Estimate your 2023 VA Rating & Compensation for FREE! The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! 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). 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. I did not have a va physical until about 13 years after seperation from service. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). FREE tips for veterans to stay protected, calm and informed While we still have our home base in Florida, A noticeable sign of obstructive sleep apnea is snoring. If you have sleep apnea and sinusitis/rhinitis, your next step would be to get a doctors medical opinion supporting that your service-connected sinusitis/rhinitis caused or aggravates your sleep apnea. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. Making the Sausage: Heres what you need to know about new VA Claims regulations. Proving Service-Connection for Sleep Apnea. 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. * Damage to the brain from a TBI (Traumatic Brain Injury). Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. The most trusted name in education-based resources for Veterans. 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. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 In our experience, most VA disability claims are won or lost based on medical evidence. Headaches which are new or have become worse. 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. Secondary Service Connection VA claim for sleep apnea denied? 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). 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. His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. See our tips on how to obtain a credible nexus letter. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. But remember the ultimate goal to win your VA disability compensation claim. Ill also show you: * The problem with your particular type of Sleep Apnea from the VAs perspective, * The Key Question to be resolved in EACH scenario, * Solutions to the Most Common Errors in Sleep Apnea claims. * How the VA willrate your sleep apnea condition after granting Service Connection. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> (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)!