How to Hire an Attorney For Your VA Claim or Appeal. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. The information contained on this web site is provided for informational purposes only and not legal advice. By doing this your claim will have the best chance possible. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Contact Us Was your obstructive sleep apnea (OSA) VA claim denied? If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. Dear Mr Attig: lJ[bKeZ?LF;$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 Want More Information about VA Sleep Apnea? I dont know if Im authorize a second run at the DRO or go straight to BVA. How can you learn more about these things? 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. You are going to have to think through your case as objectively as you possibly can. I have had cardiomegly X-rays while on active duty. 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! Scenario 1: Diagnosis of Sleep Apnea First Occurs a Long Time after Service, with no evidence of sleep-breathing problems in the Military Service, or Military Medical, records. However, most of the time, sleep apnea is a secondary claim. Its an entirely different thing to mix those ingredients so that they turn into a cake. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. about the threat of COVID-19 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). HWnH}W#zx 8Fb$vhjKLdRCR6-kf$}9u/U(XVX= eX5e2by=t-V?l*_?,?C&{u&Q,E1[x3")KYdXD@Q2+x."]}0uLB!_ne\Ya)y,"k"Q>bV7mWnXQn ZDE(WQ 8mSNMj;vwWoDL-y9mxC~`S3t|4[& S/.TWGaxUtbw>Hk :LfNo`BYL2%*{6GuTP rzY9y+%Koa(+Ja.'Xg NOW ITS YOUR TURN. (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)! Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. 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. My expert agreed to write a rebuttal opinion to the VAs expert. 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. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. Winning a VA claim to service connect sleep apnea is hard. There is evidence of sleep breathing problems in-service, in the Veterans service medical records, or lay evidence of these problems during the period of military service, but no diagnosis of Sleep Apnea in-service. This may be even easier for you now because of a new VA new rule as of August 2, 2021. 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. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Physical therapy can be given to help maintain and improve mobility. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. application/pdf 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). BVA Decision See id. 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. 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. Here are a few examples of how Sleep Apnea has affected Veterans from all different eras of service: * Don D. (he asked me not to use his real name) served mostly during the Cold War was in the best physical shape of his life he was an avid weight-lifter. However, if you use one, it does provide you with a higher rating. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. That said, the key here is making the connection from service to diagnosis. Jason Perkins, was my lawyer in a workers comp. No current sleep study within the last 12 months, #2. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! 2020 Strategic Veteran All Rights Reserved. My emphysema is connected. 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. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! 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.. Copyright 2023 VA Claims Insider, LLC. 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. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. Hepatitis C also causes insulin resistance. Since there is no cure for CFS the treatment focuses on relief of the symptoms. 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). Why? Either way, Veterans have an uphill fight to get their sleep apnea service-connected. 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. OSA secondary to PTSD (or other mental health claim) is a more challenging claim to make, but it is still a top candidate for secondary service connection of sleep apnea. I told you at the beginning I wantto change your thinking. Estimate your 2023 VA Rating & Compensation for FREE! I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. I recommend Perkins Law Firm. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. * A good Lay and Medical presentation and assessment of the sleep apnea symptoms you have had from service, or service-discharge, to the present day. 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. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. Of course, I dont give legal advice on the Veterans Law Blog. You're not alone. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. These pauses can happen several times an hour when the apnea is severe. I have a diagnosis and a CPAPwhy arent they granting my claim?. 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. 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. 1 0 obj Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 This is in order to be officially diagnosed. Your voice is important especially when it comes to your own health care. 38 U.S.C.A. 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. 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. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. But most veterans are not service-connected for this sinus condition. . <>stream 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. Since many things can cause sleep apnea (like diabetes, insulin resistance, sinus problems, deviated septum, acid reflux, PTSD, heart problems, stroke, prior injuries to the head and spine, anything that deviates the diaphragm like degenerative changes of the spine, and ascites from liver disease, cirrhosis or hepatitis c), if the veteran has service connection for any of those conditions then you can add the sleep apnea as being caused by those conditions.
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