We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! We see that quite often with sleep apnea claims. 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. 67 0 obj <>stream application/pdf As this represents a total grant . In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. I am also service connected for chronic bronchitis with a rating of 0 %. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). caused or made worse by your active duty military service OR. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. See our article Burn Pit Presumptive Conditions. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. 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. endobj Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Both sinusitis and rhinitis are linked to sleep apnea. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 There are special rules regarding how a Sleep Apnea disability claim is treated by the VA. It's harder to get than it used to be, and there are more regulations. A current disability (medical diagnosis in medical records), An in-service event, injury, disease, or aggravation; and, evidence of chronicity and continuity in your service treatment records and private treatment records, or, A medical diagnosis of sleep apnea confirmed by a sleep study in VA medical records or private records (sleep study in past 12 months), Medical nexus evidence establishing a connection between. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. The polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. You're not alone. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Contact Us Chills and night sweats as well as low-grade fevers. 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. 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. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). If that is similar to your situation, how do you show that link (nexus) between what was going on with you during service and the actual diagnosis of obstructive sleep apnea you now have? In order to establish direct service connection for sleep apnea, a claimant must show that they have: a current, diagnosis of sleep apnea an in-service event or illness/injury a medical nexus or link that shows the veteran's sleep apnea is related to their in-service event, injury/illness. This is in order to be officially diagnosed. * The importance ofamedical expert opinion in your Sleep Apnea claim. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. 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. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. entitlement to service connection for nerve damage to the bilateral lower extremities, to include as due to Gulf War illness, and, if so, whether the claim should be granted. 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. I talked to several doctors about the causes and limitations of sleep apnea. I disagree. I recd another denial (3rd) Jun 30, 2017. Not presumptively. 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 three primary ways for veterans to get a sleep study: Once youve finished your sleep study, its important to review your results with a sleep specialist to confirm whether you have a medical diagnosis of sleep apnea. Viet Nam Vet. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. 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. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Weve supported more than 15,000 veterans to win their claims and increase their ratings. Tender lymph nodes usually in the neck and underarms. I recommend Perkins Law Firm. about the threat of COVID-19 and Coronavirus. I have sleep apnea diagnosed by the VA sleep study. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. 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. My expert agreed to write a rebuttal opinion to the VAs expert. There are 3 ways to get it: Chris, As a matter of fact, it may be easier to substantiate with medical records that the sleep apnea symptoms started after the diagnosis of diabetes. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. we represent clients nationwide. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. put your Sleep Apnea Claim together right. Therefore, because the VA is particularly strict with claims regarding sleep apnea, it is highly recommended that you file your claim with as much evidence as you can obtain. Save my name, email, and website in this browser for the next time I comment. Proving Service-Connection for 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. Most Veterans are not proving sleep apnea is service connected. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. It only took three months. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. Heres the brutal truth about VA disability claims: The proper medical explanation of the origin of the veterans sleep apnea, Lay AND Medical detailing of the symptoms experienced from sleep apnea affecting the veteran since the onset of the condition in the service until the present day. FREE tips for Veterans to stay If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Check out the Sleep Apnea Field Manual. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 I talked to several doctors and sleep experts. 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). 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. Copyright 2023 VA Claims Insider, LLC. Its one thing to give you the ingredients for a chocolate cake. Thousands of other Veterans in our Community are here for you. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. 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. 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. But if your doctor believes that your Sleep Apnea is somehow related to exposure to TCEs or benzene in the water at Camp Lejeune, then a good medical opinion would probably help you prove a direct service connection claim. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Digestion issues like IBS (irritable bowel syndrome). 203, San Jose, CA 95134 Did the VA Benefit of the Doubt Rule just disappear? My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. Without a CPAP machine, the VA assigns a 30% rating. 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. 2023-03-04T21:20:56-05:00 VA Disability Claim Timeline For Active Duty Members & Veterans, Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy, Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine, Asymptomatic but with documented sleep disorder breathing.