solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! 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). That is how I suggest you handle this situation. In our experience, if you did NOT have a sleep study while on active duty and you did not get a medical diagnosis of sleep apnea in the military, you should only attempt to service-connect your sleep apnea VA claim SECONDARY to another service-connected disability. No current sleep study within the last 12 months, #2. 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.. You are going to have to get a LOT of 5-Star Evidence. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. See id. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! I also have central and obstructive sleep apnea which has been denied service connection. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! 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. 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. For instance, the rating criteria for 100% disability rating for chronic fatigue syndrome detailing debilitating and incapacitating fatigue, cognitive impairments, or a mixture of other similar symptoms severe enough to restrict your daily life and self-care significantly. The problem is that many disabilities that arise in service are not actually diagnosed in service. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Therefore you should be well prepared before submitting your claim. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. See R. at 8-9. 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. This is described as being foggy by patients. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 If you are lucky, you start breathing again. Need a C&P exam for sleep apnea secondary to PTSD? VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Also, to check for the cause of fatigue a doctor may do physical examinations such as an exercise stress test to check on the function of the heart and lungs. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). For a true diagnosis of CFS the patient must also have one of the two following symptoms: There are other symptoms that some but not all experience: Diagnosis of Chronic Fatigue Syndrome can be a bit tricky and understandably so because there is no set test to make the determination. 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. 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. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. The VA classifies Sleep Apnea as a disability for which compensation is granted. . endobj I did not have a va physical until about 13 years after seperation from service. Those are the ingredients. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. 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. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. How you mix them is the hard part. Ann Margaret really took the time to explain things to me. However, if you use one, it does provide you with a higher rating. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. 67 0 obj <>stream While proving service-connection for sleep apnea claim accepted is no longer as difficult as it once was, it still is wise to not take your chances and get it right the first time. 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. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. In our experience, most VA disability claims are won or lost based on medical evidence. With lay evidence AND medical evidence. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. 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. If you have this condition, it causes the throat muscles to relax while sleeping. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. * Can Agent Orange cause Sleep Apnea? 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. * SeveralDesert Storm, OIF, and OEF Clients have hadTraumatic Brain Injuries whichinterfere with how their Nervous System works, and as a result, have a different kind of Sleep Apnea (oversimplified, where the brains signals to breathe dont make it through to the lungs). 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. IN THE APPEAL OF . These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. My sleep apnea is worsened when I lie on my back and I still have loss of breath. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Estimate your 2023 VA Rating & Compensation for FREE! Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. 3 Steps to Veteran Disability Benefits for Sleep Apnea, 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD, 3 Ways to Get a VA Rating for Insomnia (The Insiders Guide). endstream endobj startxref LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea, result of other disorders or medical conditions, Sleep Apnea is going to be as big an issue for our current generation of Veterans. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ As this represents a total grant . Which primary disabilities make the best claims for secondary service connection of sleep apnea? Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. This field is for validation purposes and should be left unchanged. When filing a VAclaim for CFS, the Department of Veterans Affairs has to see the onset of this fatigue is severe enough to reduce your routine daily activities to less than 50%, your medical history, and several symptoms that indicate CFS. The information contained on this web site is provided for informational purposes only and not legal advice. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Scenario 2: The Veteran has a current diagnosis of sleep apnea. Chris, thank you for the posts and training videos you are providing to veterans. 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. %PDF-1.4 I dont know if Im authorize a second run at the DRO or go straight to BVA. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. Our firm was founded in 1986 in Orlando, Florida. A noticeable sign of obstructive sleep apnea is snoring. 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. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Sleep apnea is a medically complex disorder. The rate was a staggering 22%. Heres what the 38CFR lists for sleep apnea: Once sleep apnea is service-connected, this opens the door for you to file other secondary claims you may want to make. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c Take advantage of a FREE VA Claim Discovery Call. 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. twelve, pay app, lisa brown obituary 2021, umiconty remote pairing instructions,
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