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. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Was your obstructive sleep apnea (OSA) VA claim denied? c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v * Can Agent Orange cause Sleep Apnea? You DESERVE a HIGHER VA rating.WE CAN HELP. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. fight to get their sleep apnea service-connected. Worsening of symptoms after activities. * WHAT evidencetouseandwhich path to Service Connectionto use. 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. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. Local Wounded Veterans Gifted with Opportunities to Go Fishing. In our experience, most VA disability claims are won or lost based on medical evidence. It is the only thing that kept in the fight and especially it keeps sane and focus. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 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. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w <>stream Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Youll need to make the call on direct service connection versus secondary service connection. Winning a VA claim to service connect sleep apnea is hard. Since there is no cure for CFS the treatment focuses on relief of the symptoms. . Battle of DUAL-EXPERTS Chris, you called it!!! Instead, the leading cause of sleep apnea is weight gain. 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. Its one thing to give you the ingredients for a chocolate cake. endobj Were Veterans, just like you, whove learned how to navigate within the VA system. THANK YOU AGAIN. 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. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. I have a diagnosis and a CPAPwhy arent they granting my claim?. Give us a call at 800-477-9027 to see if we can help you. This field is for validation purposes and should be left unchanged. 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. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! I want you to think about the BEST path to proving that sleep apnea is service connected, and the BESTway to get the VA sleep apnea disability rating you are entitled to. 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. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. * How do I appeal the VAs denial of my Sleep Apnea? Estimate your 2023 VA Rating & Compensation for FREE! I filed to reopen my SA claim in 2016. 67 0 obj <>stream I can teach you how to do that. Or perhaps when they realize that Sleep Apnea is going to be as big an issue for our current generation of Veterans asAgent Orange related conditions are to Vietnam Veterans, they will take it seriously. If you use a CPAP machine, then this should warrant a 50% rating. Dear Mr Attig: Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. If there is a way for us to improve our claims to get more granted for Vets with "GWI", rest assured, you will find it on the Veterans Law Blog. 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. Therefore you should be well prepared before submitting your claim. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. 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. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! They were at all times attentive and on top of my case. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. 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. 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). 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. 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 problem is that many disabilities that arise in service are not actually diagnosed in service. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Allergies or sensitivities to foods, odors, chemicals, or noise. Secondary Service Connection HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( If you continue to use this site we will assume that you are happy with it. * Damage to the brain from a TBI (Traumatic Brain Injury). 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. According to the VA law, there are three evidentiary elements that must be satisfied for sleep apnea conditions to prove secondary service connection: A medical diagnosis recorded in medical records of sleep apnea confirmed by a sleep study Evidence of PTSD as a service-connected primary disability Hence, the weight gain. 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. Andmy sleep study was not done in the military.. But if your body cannot get sleep, you will die. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. 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. 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. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 All Rights Reserved. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. A nexus letter is often the missing link in a VA claim. Your airway narrows and closes, leading to pauses in the breathing cycle. At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law. For all about getting a VA rating for sleep apnea, see our post Your Sleep Apnea VA Rating A Guide to Getting a VA Disability Rating for Sleep Apnea. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney. Many Veterans suffering from emotional distress overeat and lack the motivation to work out. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). 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.
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