If you need assistance in appealing your claim for CFS,let us know here! Hot Dogs for Heroes 4th of July Event This Thursday! Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. 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. Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. However, this has been thoroughly disproven. With lay evidence AND medical evidence. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. While we still have our home base in Florida, Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. The VA classifies Sleep Apnea as a disability for which compensation is granted. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 7 0 obj The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! 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. We offer free resources and expertise to empower all Veterans. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w (In many cases, amedical expert report or opinion may be crucial to success). It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Veterans with CPAP machines have often fallen into the trap of believing that their use of the CPAP will be enough to qualify their claim with the VA. I did not have a va physical until about 13 years after seperation from service. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Therefore, sleep apnea can be filed secondary to either a musculoskeletal condition with weight gain or a mental health condition with weight gain. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. FREE tips for veterans to stay protected, calm and informed 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. Why? 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. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). See our tips on how to obtain a credible nexus letter. 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. Lesson #2: Sleep Apnea is affectinga LOTof Veterans. Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. Make sure to have your sleep study done. Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. That's what Veteran Lee G. did - Lee's VA claim changed when he read my Sleep Apnea book: "Chris gave me the knowledge to file a claim for Sleep Apnea. I awake countless time at night due to this. NOW ITS YOUR TURN. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. %%EOF If you are lucky, you start breathing again. * WHAT evidencetouseandwhich path to Service Connectionto use. Sounds easy enough, right? We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you. Heres what I mean in BVA decision after BVA decision, I saw examples ofVeterans that take a look at the VA Ratings Tables, see that they can get a 50%VArating for sleep apnea with CPAP. 2020 Strategic Veteran All Rights Reserved. But most veterans are not service-connected for this sinus condition. about the threat of COVID-19 and Coronavirus. If you use a CPAP machine, then this should warrant a 50% rating. However, if you use one, it does provide you with a higher rating. Since that time, we have provided compassionate Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. This is described as being foggy by patients. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Perhaps theyll have to spenda night with someone that suffers from obstructive sleep apnea, hear the suffocating snoring, experience the fear that the person will stop breathing altogether, they will continue to not take seriously claims for sleep apnea. You cut off oxygen to the brain and blood, and other body systems break down. Were Veterans, just like you, whove learned how to navigate within the VA system. 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 Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. The most trusted name in education-based resources for Veterans. Digestion issues like IBS (irritable bowel syndrome). Check out the Sleep Apnea Field Manual. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. How to Get a 100 Percent VA Rating (if deserved)! This is in order to be officially diagnosed. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. There are 3 ways to get it: Chris, That is how I suggest you handle this situation. 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. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. I tried going it alone and the insurance carrier pushed me around. You are going to have to get a LOT of 5-Star Evidence. 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. Excessive daytime sleepiness is the most noticeable signal for those who live alone. Whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea, to include as secondary to the The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. Making the Sausage: Heres what you need to know about new VA Claims regulations. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. . Did the VA Benefit of the Doubt Rule just disappear? Was your obstructive sleep apnea (OSA) VA claim denied? What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Heres what the 38CFR lists for sleep apnea: Once sleep apnea is service-connected, this opens the door for you to file other secondary claims you may want to make. Source: Department of Veteran Affairs Regional Office New Orleans, LA. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. We would be happy to talk to you. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. Favorable BVA Case Law Precedent Example #2: 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. 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. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. Dear Mr Attig: How to File a Claim on VA.gov (step-by-step)! One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Whats the VAs Problem with Sleep Apnea? Which primary disabilities make the best claims for secondary service connection of sleep apnea? Both anxiety and depression can also be linked to sleep apnea. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. 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. 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.