Template for processing Decision or Remand Heres WhyMost Veterans are not proving Sleep Apnea is Service Connected. 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). Therefore you should be well prepared before submitting your claim. Nexus is simply a connection or series of connections linking two or more things. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. How to Hire an Attorney For Your VA Claim or Appeal. What about PTSD? Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. These pauses can happen several times an hour when the apnea is severe. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. <>stream Also sinusitis, rhinitis, hypertension. (In many cases, amedical expert report or opinion may be crucial to success). I told you at the beginning I wantto change your thinking. As a matter of fact, it may be easier to substantiate with medical records that the sleep apnea symptoms started after the diagnosis of diabetes. 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. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. From 2013-2014, the VA and BVA denied VAbenefits for sleep apnea in 76% of the appeals. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. Secondary Service Connection A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness; Once service connection is awarded, sleep apnea is then rated under 38 CFR 4.97, Diagnostic Code 6847 - Sleep Apnea Syndromes (obstructive, central, mixed). The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. 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 All Rights Reserved. Are you a veteran who suffers from sleep apnea? It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). 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. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. To prove that sleep apnea is service connected,the smart Veteran isgoing to have to connect the dots for them. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. Veterans can also prove service connection for sleep apnea by showing that their sleep apnea began in service using service medical records, or by providing a nexus opinion from a medical professional that links their current diagnosis of sleep apnea to signs or symptoms they experienced in service. * Many Vietnam Veterans exposed to Agent Orange suffer from 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. First of all, lets explore a little about this common disability in veterans, so you understand the condition and why its important you pursue your claim and get the benefits you deserve. The same can be said about service-connected mental health conditions. That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. And you are going to have to presentit neatly andpersuasivelyto the VA. Local Wounded Veterans Gifted with Opportunities to Go Fishing. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). 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 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. 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. Keep up the great work, and remember, the only way to lose is to give up! Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). 67 0 obj <>stream Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. When seeking service connection, veterans will generally need to submit the following to VA: A current diagnosis of a condition; An in-service event, illness, or injury; and, Viet Nam Vet. Weve supported more than 15,000 veterans to win their claims and increase their ratings. Your email address will not be published. Your airway narrows and closes, leading to pauses in the breathing cycle. 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. Thousands of other Veterans in our Community are here for you. See our tips on how to obtain a credible nexus letter. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. DRO sided with VA expert (not surprise) who claimed SA was least likely as not occurred or caused by service, moreover, VA expert justified opinion by THE FOLLOWINGS;(time 12yrs since retirement, age 50 at the time of sleep study, and weight gain ?). 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 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. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. 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. VA Claims insider is an education-based coaching/consulting company. I dont know if Im authorize a second run at the DRO or go straight to BVA. Hepatitis C also causes insulin resistance. At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law. %%EOF The examiner noted that a major cause of sleep apnea was weight gain and that the veteran weighed 155 pounds in service and 255 pounds in March 2013. I filed NOD in early 2017 request an informal DRO. 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. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Its an essential piece of evidence. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Worsening of symptoms after activities. endobj 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. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. FREE tips for Veterans to stay ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. Its no secret, I have written THE book onhow to file a VAdisability claim for sleep apnea. If you use a CPAP machine, then this should warrant a 50% rating. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. injury case. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Hence, the weight gain. 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. Headaches which are new or have become worse. 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. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. In order to help you with your secondary claim, we have put together this Insiders Guide! One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. 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. No proof of service connection (missing a nexus letter), #4 Lack of active-duty documentation and medical evidence, #5 Filing for direct service connection vs secondary service-connection (secondary to an already service-connected disability). This may be 20 or 30 years after the problems started. We would be happy to talk to you. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas.

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