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.. 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. 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. Unfortunately, VA does not always apply the law correctly. When filing a VA disability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. BVA Decision Keep up the great work, and remember, the only way to lose is to give up! See our article Burn Pit Presumptive Conditions. We would be happy to talk to you. If you are lucky, you start breathing again. Chris, thank you for the posts and training videos you are providing to veterans. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. 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. Your voice is important especially when it comes to your own health care. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w Sleep apnea is a medically complex disorder. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 You will then need an expert medical opinion that shows these symptoms back then in service were probably sleep apnea even though you had not been diagnosed at the time. The transmission of an email request for information does not create an attorney client relationship. Has camp Lejeune exposures been linked to sleep apnea? endstream endobj 42 0 obj <>stream 38 0 obj <> endobj I filed NOD in early 2017 request an informal DRO. See our tips on how to obtain a credible nexus letter, Both sinusitis and rhinitis are linked to sleep apnea, Emerging research indicates a strong association between PTSD and sleep apnea, You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Disrupted breathing in which a persons respiration can become labored or even stop for up to a minute at a time, Limited attention span or difficulty thinking clearly, Snoring, including snoring that is especially loud and involves gasping, choking, or snorting that may cause a person to briefly wake up, #1. 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). Battle of DUAL-EXPERTS Chris, you called it!!! Everyone I came in contact with there was very nice. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. And you are going to have to presentit neatly andpersuasivelyto the VA. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Wc%X$(:ss!LCO^?4d *$ Can I Get a VA Rating for Sleep Apnea Secondary to Depression? 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). If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. 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. Below is the schedule for rating disability for Chronic Fatigue Sundrome. If you were diagnosed with this condition while in the military, you have a straight forward shot for service connection. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! It's almost as much work - and it can often take as much dedication. Both sinusitis and rhinitis are linked to sleep apnea. VA Claims insider is an education-based coaching/consulting company. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. For instance, if you complain of being tired all the time your doctor may order blood tests to check for anemia, diabetes, and hypothyroidism all of which cause fatigue. The VA disability ratings for Chronic Fatigue Syndrome are 10%, 20%, 40%, 60%, and 100% all dependent on the severity and other factors of your symptoms. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. I understand you want your VA claim to be done as quickly as possible. 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. 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. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. Lets begin today's post with the Bottom Line Up Front (BLUF): It is HARD to get service connected for Sleep Apnea secondary to Depression. How to Hire an Attorney For Your VA Claim or Appeal. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. Will be some time before answer but getting all the info I can. 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. Copyright 2023 VA Claims Insider, LLC. hTOo0| First of all, lets explore a little about this common disability in veterans, so you understand the condition and why its important you pursue your claim and get the benefits you deserve. % Its over 165 pages long, and took 9 months of research. 4 0 obj 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. 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 order to help you with your secondary claim, we have put together this Insiders Guide! Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. endstream Winning a VA claim to service connect sleep apnea is hard. See id. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 The VA then diagnoses sleep apnea and with the snap of a finger, the Gulf War Illness presumption disappears and the Veteran now has to prove service connection of his sleep apnea. As this represents a total grant . If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. Whats the VAs Problem with Sleep Apnea? 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 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. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Did the VA Benefit of the Doubt Rule just disappear? In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Jason Perkins, was my lawyer in a workers comp. and Coronavirus. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process. If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. A medical opinion will be necessary to show these causative connection, and you will want to first service connect the sinusitis, and then argue that the OSA is secondary or argue that the OSA is secondary to the bronchitis. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. Since that time, we have provided compassionate When filing a VAdisability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. Honestly, they are just saying it. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. I am service connected for chronic sinusitis with a 30% rating. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. Theres lots of literature available to back it up. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! The information contained on this web site is provided for informational purposes only and not legal advice. This field is for validation purposes and should be left unchanged. As youve seen, claims for obstructive sleep apnea can be trickyyet important to pursue if youre suffering from this disability, so you can get the benefits you deserve and care you need. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. * 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). Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. All Rights Reserved. 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. A credible nexus letter fulfills one of the requirements for secondary service connection for sleep apnea: medical nexus evidence establishing a connection between the service-connected disability and the current disability (sleep apnea). As a fellow disabled Veteran this is shameful and Im on a mission to change it. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. we represent clients nationwide. about the threat of COVID-19 and Coronavirus. You are going to have to get a LOT of 5-Star Evidence. How to Service Connect Chronic Fatigue Syndrome Many Veterans suffering from emotional distress overeat and lack the motivation to work out. 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. The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. f%Ygaz~u&d_',BB)Kw4(wb B @WxW4]XE 8L>kq t#]NGW{#}|_ g#0 oZ)OZLmx JqW2! /kso-v"b688Me ) Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider This is what is called the Nexus. Board of Veterans Appeals I spoke with DRO via phone for 5min confirming she received my NOD and evidence. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Keep us posted Im eager to hear how it turns out! Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. 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. without his BI-PAP MACHINE,one up from CPAP,which i have. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. By doing this your claim will have the best chance possible. THANK YOU AGAIN. %%EOF If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. * How do I appeal the VAs denial of my Sleep Apnea? I awake countless time at night due to this. Secondary Service Connection Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. See R. at 8-9. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. We offer free resources and expertise to empower all Veterans. But most veterans are not service-connected for this sinus condition. endobj 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. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. Both anxiety and depression can also be linked to sleep apnea. Yi-bR :z>r6iFR 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. Your airway narrows and closes, leading to pauses in the breathing cycle. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! When I turned my case over to Jason things turned around, QUICK. * What if it wasnt diagnosed until years after service can I service connect it then? Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! . I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. 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. endstream endobj 43 0 obj <>stream If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. UNFORTUNATELY HE DIED.! Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. Sleep Apnea in Gulf War Veterans - Public Health Most Veterans are not proving sleep apnea is service connected. While an OSA disability claim secondary to sinusitis/rhinitis is an easier path, veterans who are service-connected for PTSD (or other mental health conditions) are eligible for secondary service connection for their sleep apnea, and its possible to achieve an OSA disability claim secondary to PTSD with the right strategy and credible medical evidence. HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ There are three types, obstructive, central, and mixed. about the threat of COVID-19 At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Your email address will not be published. Microsoft Word 2010 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.