* How do I appeal the VAs denial of my Sleep Apnea? For instance, often sleep apnea presents itself in those who have been suffering from PTSD. sleep apnea is not the kind of disability associated with a wounded warrior. * How the VA willrate your sleep apnea condition after granting Service Connection. THANK YOU AGAIN. Without a CPAP machine, the VA assigns a 30% rating. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. You can lose your arms and legs and still survive. I told you at the beginning I wantto change your thinking. Required fields are marked *. 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. if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Nexus is simply a connection or series of connections linking two or more things. The first requirement which must be met to satisfy the VA is a sleep study. * Can Agent Orange cause Sleep Apnea? Yi-bR :z>r6iFR 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. CFS is also known asSystemic Exertion Intolerance Disease (SEID)and Myalgic Encephalomyelitis (ME) is characterized by extreme fatigue without explanation from any other underlying condition. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. Winning a VA claim to service connect sleep apnea is hard. The most trusted name in education-based resources for Veterans. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. Some Veterans are taking it a little further and going to the VA with this: I have had problems breathing and sleeping since I was stationed near burn-pits in Iraq and now I have sleep apnea. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Chills and night sweats as well as low-grade fevers. Instead, lets focus on one type of sleep apnea claim our firm has recently worked on to illustrate just oneof the ways to prove service connection of obstructive sleep apnea. Your email address will not be published. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. I cannot recommend Jason and his staff enough. As a fellow disabled Veteran this is shameful and Im on a mission to change it. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. 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. endstream endobj 43 0 obj <>stream %PDF-1.4 % solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. 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. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. We cant possibly cover each of those and the ways to service connect all of them in this one article. Dont make the mistake so many other veterans have. Youre arent alone. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! 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. Favorable BVA Case Law Precedent Example #2: Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. Making the Sausage: Heres what you need to know about new VA Claims regulations. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. For doing an awesome job. (In many cases, amedical expert report or opinion may be crucial to success). Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. 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. 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. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 That is how I suggest you handle this situation. 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 The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. yet assertive representation for our clients. Save my name, email, and website in this browser for the next time I comment. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. And that means you are going to have to think through your sleep apnea claim. 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. Give us a call at 800-477-9027 to see if we can help you. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. 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. 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 . If you continue to use this site we will assume that you are happy with it. 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. While youmay have been a loud snorer or had other sleep difficulties in service that are normally associated with sleep apnea, if you are like most service members you probablydid not undergo a sleep study and get a formal diagnosis before your discharge from service. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. 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. 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. Second example.lets say the veteran has service connection for PTSD. Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. 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. I met with my expert who offered opinion on my behalf and she was amazed by the decision, but not surprise by the level in which the VA are denying veterans SP claims. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 I spoke with DRO via phone for 5min confirming she received my NOD and evidence. Honestly, they are just saying it. If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us!

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