I have had cardiomegly X-rays while on active duty. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. Microsoft Word 2010; modified using iText 2.1.7 by 1T3XT The transmission of an email request for information does not create an attorney client relationship. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. I read hundreds of cases. Kim was very helpful and any time I had a question she made sure I got an answer. However, the VA. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. I only have 50 days to file NOD, or file a BVA appeal within 1 year. Tender lymph nodes usually in the neck and underarms. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches And that means you are going to have to think through your sleep apnea claim. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Worsening of symptoms after activities. You're not alone. She has always had a passion for helping others and found inspiration from those she cared for. That said, the key here is making the connection from service to diagnosis. Save my name, email, and website in this browser for the next time I comment. See our tips on how to obtain a credible nexus letter. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. The Holy Grail: An EASY Path to Proving Sleep Apnea is Service Connected? My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r However, most of the time, sleep apnea is a secondary claim. This means they make their claim without providing much proof. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. The information contained on this web site is provided for informational purposes only and not legal advice. 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. The VA uses two options for rating most sleep apnea claims. 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. put your Sleep Apnea Claim together right. Both anxiety and depression can also be linked to sleep apnea. Andmy sleep study was not done in the military.. Just think about our veterans from older eras. I cannot recommend Jason and his staff enough. Gulf War Illness and Presumptive Service Connection. Honestly, they are just saying it. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! I tried going it alone and the insurance carrier pushed me around. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. VA Disability Ratings for Sleep Disturbances | CCK Law Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Scenario 4: The Veteran has one or more conditions service-connected, and is claiming that those conditions CAUSED the sleep apnea. Secondary Service Connection My expert agreed to write a rebuttal opinion to the VAs expert. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. If you continue to use this site we will assume that you are happy with it. Your first step is to be absolutely sure about what type of apnea you have. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. As the patient, this can be a stressful time, which is why it is so important to tell your doctor all the symptoms you have even if they seem silly or strange. THANK YOU AGAIN. 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. Give us a call at 800-477-9027 to see if we can help you. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. Wc%X$(:ss!LCO^?4d *$ I told you at the beginning I wantto change your thinking. 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. . Medical professionals did not have the medical capabilities to perform sleep study testing when they served. How to Get a 100 Percent VA Rating (if deserved)! Thousands of other Veterans in our Community are here for you. 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. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Heres 4 lessons I learned that I want to pass on to you if you can really learn and understand these lessons, you will have the power to really improve and service connect sleep apnea claims and appeals. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. 3. * How do I appeal the VAs denial of my Sleep Apnea? Thats what Sleep Apnea does while you are sleeping, you stop breathing. While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. I have sleep apnea and emphysema. Second example.lets say the veteran has service connection for PTSD. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 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 Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. Sleep Apnea in Gulf War Veterans - Public Health Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 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. Below is the schedule for rating . This is a great group of people who really care about your well being. The problem is that many disabilities that arise in service are not actually diagnosed in service. Veterans Benefits Network-Sleep Apnea secondary to Service Connected Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. 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. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. Even if youve been denied before, its not too late! 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. VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law 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. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. We are sorry that this post was not as useful for you!
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