Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. 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. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. I have also had a stroke. Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. endstream Even if yours is obstructive sleep apnea like we discussed here, there are still other ways to service connection other than proving you had sleep apnea in service. Thanks for your concern and the blog. Digestion issues like IBS (irritable bowel syndrome). For example, if a veteran has service connection for diabetes caused by agent orange and it is a well known fact that diabetes can cause sleep apnea, then you should be able to add it to the claim. Thanks to additions to the VA presumptive list, you may be able to presumptively service-connect rhinitis, sinusitis, rhinosinusitis or asthma if you served in particular theaters during specified time periods. I was diagnosed with OSA 10 years after separation. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. hTOo0| Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Camp Lejeune Lawsuit. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. You can lose your arms and legs and still survive. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Template for processing Decision or Remand Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). How to Hire an Attorney For Your VA Claim or Appeal. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. If you need assistance in appealing your claim for CFS,let us know here! 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. 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. 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. Were Veterans, just like you, whove learned how to navigate within the VA system. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. See our article Burn Pit Presumptive Conditions. Thousands of other Veterans in our Community are here for you. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Here are the ingredients to a properlydeveloped claim for sleep apnea: *A solid foundation of Lay and Medical Evidence showing when sleep apnea first began to present in the Veterans life. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 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. Your email address will not be published. You can subscribe to his Veterans Disability channel on YouTube. 2023-03-04T21:20:56-05:00 No current sleep study within the last 12 months, #2. The question raised in this case is whether this "intermediate step" is limited to . The problem is that many disabilities that arise in service are not actually diagnosed in service. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Save my name, email, and website in this browser for the next time I comment. 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. yet assertive representation for our clients. I recommend Perkins Law Firm. 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. If you continue to use this site we will assume that you are happy with it. 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 If you are hurt at work, this is the firm you want on YOUR side. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Do You Owe Your Severance Pay Back to the VA? 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. %%EOF endobj Winning a VA Sleep Apnea is much harder. 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. When Daniel laid it out and told me almost specifically, "Here's your timeline, here's how you do it, "here's what you do, here's what you need, "here are the things that you need," that sealed the deal. 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. As this represents a total grant . You are going to have to think through your case as objectively as you possibly can. 3 Steps to Veteran Disability Benefits for Sleep Apnea, 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD, 3 Ways to Get a VA Rating for Insomnia (The Insiders Guide). My sleep apnea is worsened when I lie on my back and I still have loss of breath. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. IN THE APPEAL OF . Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. 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. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. (The Insiders Guide), Insider Tips: How to Schedule a Sleep Study with the VA. How to File a Claim on VA.gov (step-by-step)! Your first step is to be absolutely sure about what type of apnea you have. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Proving Sleep Apnea is Service Connected its the one thing I hear more about from Veterans than any other topic. Please call for an appointment before visiting: Mail Processing Center: P.O. How to Get a 100 Percent VA Rating (if deserved)! If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM. Not presumptively. Most Veterans are not proving sleep apnea is service connected. protected, calm and informed Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. If you are lucky, you start breathing again. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Chris, thank you for the posts and training videos you are providing to veterans. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. FREE tips for Veterans to stay Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! The information contained on this web site is provided for informational purposes only and not legal advice. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). And you are going to have to presentit neatly andpersuasivelyto the VA. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Do you have questions about how to service connect sleep apnea claims? (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. 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. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Youre arent alone. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream 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. The transmission of an email request for information does not create an attorney client relationship. 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. 8 0 obj Once you are clear on the type of apnea, you should talk with your doctor further about what he or she thinks is the primary cause for it. You are going to have to get a LOT of 5-Star Evidence. =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! They denied extra physical therapy. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. 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. All Rights Reserved. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. And that means you are going to have to think through your sleep apnea claim. Why? Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. I believe the two are connected. Unfortunately, VA does not always apply the law correctly. 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. I believe that the VA and BVA do not take Sleep Apnea seriously. 2023-03-04T21:20:56-05:00 The rate was a staggering 22%. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. Without a CPAP machine, the VA assigns a 30% rating. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. 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. 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. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). Can I Get a VA Rating for Sleep Apnea Secondary to Depression? A nexus letter is often the missing link in a VA claim. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. This is described as being foggy by patients. <>stream 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. 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. SvKve5.YmPE}=;vpb -GW2RN Ann Margaret really took the time to explain things to me. To find the definitive guide for service-connection for sleep apnea, check it out here. Listen: you have got to know this: sleep Apnea is a complex medical condition, and presents differently in each and every Veteran. I dont know if Im authorize a second run at the DRO or go straight to BVA. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. 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? Here, nexus is the connection between your service and the 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. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! How to Hire an Attorney For Your VA Claim or Appeal. The VA and frankly most of America still thinksof Sleep Apnea asa condition for theobese male with a big neck. They think wrongly that sleep apnea is not the kind of disability associated with a wounded warrior. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Estimate your 2023 VA Rating & Compensation for FREE! Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . See you on the inside! Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). I got so many questions that I began to do a lot of research into how to service connect Sleep Apnea claims and what is happening with Sleep Apnea in the Veterans community. and Coronavirus. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Jessica Rodriguez, Claims Advocate Updated: June 27, 2020. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Battle of DUAL-EXPERTS Chris, you called it!!! I cannot recommend Jason and his staff enough. 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. Allergies or sensitivities to foods, odors, chemicals, or noise. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 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. 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. 3. Weve supported more than 15,000 veterans to win their claims and increase their ratings. 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. 56 0 obj <>/Filter/FlateDecode/ID[<729BA82B1983FD4B95AA1B8BF2E87A7F>]/Index[38 30]/Info 37 0 R/Length 93/Prev 108595/Root 39 0 R/Size 68/Type/XRef/W[1 3 1]>>stream 1 0 obj The VA classifies Sleep Apnea as a disability for which compensation is granted. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! However, there are more causes of Cardiomegaly than sleep apnea, so you will want a doctors medical opinoino as to whether your Cardiomegaly is related to a chronic sleep breathing disorder, or has some other origin. A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause 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 VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Hot Dogs for Heroes 4th of July Event This Thursday! Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters. Youll need to make the call on direct service connection versus secondary service connection. 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. Winning a VA claim to service connect sleep apnea is hard. Learn more about us, Veterans Disability Claim b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N A\c\FOl>jlh@7p The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. I cannot get the sleep apnea connected. How to File a Claim on VA.gov (step-by-step)! For a true diagnosis of CFS the patient must also have one of the two following symptoms: There are other symptoms that some but not all experience: Diagnosis of Chronic Fatigue Syndrome can be a bit tricky and understandably so because there is no set test to make the determination. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . I understand you want your VA claim to be done as quickly as possible. 2017-05-30T18:09:36-04:00 Sounds easy enough, right? I am also service connected for chronic bronchitis with a rating of 0 %. Sleep apnea can be your link or nexus for filing claims for: Sleep apnea is a high-value claim in the VA world of ratings. 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.
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