Local Wounded Veterans Gifted with Opportunities to Go Fishing. 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. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. FREE tips for veterans to stay protected, calm and informed Digestion issues like IBS (irritable bowel syndrome). And that means you are going to have to think through your sleep apnea claim. endstream endobj startxref Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. *To prove your Sleep Apnea is service connected without a sleep study in the military? Want More Information about VA Sleep Apnea? Because of this all veterans hoping to receive a disability compensation rating from the VA should take the responsibility of connecting the dots for the claim themselves. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. The same can be said about service-connected mental health conditions. Check out the Sleep Apnea Field Manual. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm The biggest mistake most veterans make in their service-connection for sleep apnea claims is in expecting the VA to take them at their word. 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. Tender lymph nodes usually in the neck and underarms. 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. No current sleep study within the last 12 months, #2. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 endstream endobj 43 0 obj <>stream 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. I only have 50 days to file NOD, or file a BVA appeal within 1 year. It only took three months. yet assertive representation for our clients. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. I read hundreds of cases. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. You're not alone. The question raised in this case is whether this "intermediate step" is limited to . One of the most straightforward ways to achieve service connection of a particular disease or disability is to show that you had that disease or disability while in service. However, this has been thoroughly disproven. The transmission of an email request for information does not create an attorney client relationship. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg Its an essential piece of evidence. The VA is also wary of the fact that sleep apnea may well have been a condition suffered by the veteran before their time in the military. We offer free resources and expertise to empower all Veterans. 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. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w 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. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, Systemic Exertion Intolerance Disease (SEID), Presumption of Service Connection for Chronic Diseases, Common Symptoms of Chronic Fatigue Syndrome. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. 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. They were at all times attentive and on top of my case. . 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. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. 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. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! The question raised in this case is whether this "intermediate step" is limited to . Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. caused or made worse by your active duty military service OR. All Rights Reserved. The most important thing to keep in mind is that, no matter what the VA may tell you, the law does allow for VA disability for sleep apnea. Just had C& P exam for sleep apnea. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. There are 3 ways to get it: Chris, That is how I suggest you handle this situation. You will need strong lay evidence that establishes what symptoms you were having in service loud snoring, apneas (stopped breathing) followed by gasps for oxygen, dry mouth upon waking, daytime fatigue, etc. sleep apnea is DEADLY, my brother in law went out CAMPING. Instead, the leading cause of sleep apnea is weight gain. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Your email address will not be published. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! We would be happy to talk to you. How to Hire an Attorney For Your VA Claim or Appeal. This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. Nexus is simply a connection or series of connections linking two or more things. Hepatitis C also causes insulin resistance. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. 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. %PDF-1.4 % Physical therapy can be given to help maintain and improve mobility. In the year thatI spent researching theSleep ApneaField Manual, I learned that there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea. Service connection on a secondary basis requires evidence of aggravation or causation.This requires that the secondary disability be shown to be proximately due to or proximately aggravated by another service-connected disability. lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. 2020 Strategic Veteran All Rights Reserved. In recent years this trend has begun to turn around, but it is still one of the more difficult conditions to win a disability compensation claim for. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Not presumptively. 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. 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. NOW ITS YOUR TURN. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . 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