I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. If you use a CPAP machine, then this should warrant a 50% rating. By showing that the sleep apnea was proximately caused or proximately aggravated by another service-connected disability you have a better chance of building your claim. BVA Decision In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. 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. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. All Rights Reserved. This may be 20 or 30 years after the problems started. 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. I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. 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. 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. CFS is also known asSystemic Exertion Intolerance Disease (SEID)and Myalgic Encephalomyelitis (ME) is characterized by extreme fatigue without explanation from any other underlying condition. 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.. You can lose a kidney, and live a full and complete life. The VA uses two options for rating most sleep apnea claims. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. 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. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. Without a CPAP machine, the VA assigns a 30% rating. I understand you want your VA claim to be done as quickly as possible. We see that quite often with sleep apnea claims. We offer free resources and expertise to empower all Veterans. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). You can lose your arms and legs and still survive. 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. Your email address will not be published. Copyright 2023 VA Claims Insider, LLC. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. NOW ITS YOUR TURN. Why? Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! VA Claims insider is an education-based coaching/consulting company. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. Scenario 2: The Veteran has a current diagnosis of sleep apnea. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . 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. 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. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. These pauses can happen several times an hour when the apnea is severe. I recd another denial (3rd) Jun 30, 2017. I only have 50 days to file NOD, or file a BVA appeal within 1 year. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Winning a VA Sleep Apnea is much harder. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. I have a diagnosis and a CPAPwhy arent they granting my 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. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. endobj Translation: 3 out of every 4 of youwill see your sleep apnea claims and appeals deniedunless you learn, how to prove your Sleep Apnea Claim the right way. Keep up the great work, and remember, the only way to lose is to give up! 1) Direct Service Connection for Sleep Apnea For direct service connection you must show either of the following: You were diagnosed with sleep apnea during your military service; -or- You must prove the onset of sleep apnea occurred while you were in service. Whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea, to include as secondary to the To find the definitive guide for service-connection for sleep apnea, check it out here. Do You Owe Your Severance Pay Back to the VA? document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2016 - VeteransLawBlog.org - All Rights Reserved | Terms & Conditions | Legal Disclaimer, The Veterans Law Blog is NOT a law firm. Even as Veterans Claims for Sleep Apnea soar, it is clear that theVA DOES NOT understand the full scope of how sleep apnea occurs, medically or factually. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. Want More Information about VA Sleep Apnea? How to Service Connect Chronic Fatigue Syndrome Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p 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. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. I filed NOD in early 2017 request an informal DRO. 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. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. Heres what I mean in BVA decision after BVA decision, I saw examples ofVeterans that take a look at the VA Ratings Tables, see that they can get a 50%VArating for sleep apnea with CPAP.