A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). Sounds easy enough, right? Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. My expert agreed to write a rebuttal opinion to the VAs expert. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Whats the VAs Problem with Sleep Apnea? Just had C& P exam for sleep apnea. We see that quite often with sleep apnea claims. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Tender lymph nodes usually in the neck and underarms. I talked to several doctors about the causes and limitations of sleep apnea. 38 U.S.C.A. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. As youve seen, claims for obstructive sleep apnea can be trickyyet important to pursue if youre suffering from this disability, so you can get the benefits you deserve and care you need. Required fields are marked *. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> Not only does the VA provide compensation, but once you receive a service-connection for it, it provides a way to get other disabilities to service-connected. Jason Perkins, was my lawyer in a workers comp. I can teach you: * HOW toproveyour Sleep Apnea Claim for any ofthe 3 types of Sleep Apnea you have. Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of.. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 But remember the ultimate goal to win your VA disability compensation claim. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. There are three components to proving direct service connection for any VA disability claim: For the legal principles of direct service connection, see 38 CFR 3.303. endobj I spoke with DRO via phone for 5min confirming she received my NOD and evidence. And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. Were Veterans, just like you, whove learned how to navigate within the VA system. Since there is no cure for CFS the treatment focuses on relief of the symptoms. 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. Here are the ingredients to a properlydeveloped claim for sleep apnea: *A solid foundation of Lay and Medical Evidence showing when sleep apnea first began to present in the Veterans life. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. This is where I come in. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 A medical opinion will be necessary to show these causative connection, and you will want to first service connect the sinusitis, and then argue that the OSA is secondary or argue that the OSA is secondary to the bronchitis. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 Its an entirely different thing to mix those ingredients so that they turn into a cake. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). 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. What about PTSD? A credible nexus letter fulfills one of the requirements for secondary service connection for sleep apnea: medical nexus evidence establishing a connection between the service-connected disability and the current disability (sleep apnea). In fact, sleep deprivation is a common form of torture, as many of us know all too well. Which primary disabilities make the best claims for secondary service connection of sleep apnea? sleep apnea is DEADLY, my brother in law went out CAMPING. about the threat of COVID-19 My emphysema is connected. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. I cannot recommend Jason and his staff enough. 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. Take a look at the Sleep Apnea eBook when it comes out I think you will find a lot of informaiton that will help you understand better the many different paths and proofs for service connection of Sleep Apnea. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. I can teach you how to do that. You can subscribe to his Veterans Disability channel on YouTube. IN THE APPEAL OF . Yi-bR :z>r6iFR If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. 2020 Strategic Veteran All Rights Reserved. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. UNFORTUNATELY HE DIED.! Estimate your 2023 VA Rating & Compensation for FREE! I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didnt call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesnt stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case Thats Taking Care Of Business. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. When I turned my case over to Jason things turned around, QUICK. Has camp Lejeune exposures been linked to sleep apnea? Making the Sausage: Heres what you need to know about new VA Claims regulations. 38 0 obj <> endobj 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. application/pdf 1) Direct Service Connection for Sleep Apnea For direct service connection you must show either of the following: You were diagnosed with sleep apnea during your military service; -or- You must prove the onset of sleep apnea occurred while you were in service. 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). How to Hire an Attorney For Your VA Claim or Appeal. and Coronavirus. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. Do You Owe Your Severance Pay Back to the VA? Youll need to make the call on direct service connection versus secondary service connection. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. 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 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. See R. at 8-9. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). How you mix them is the hard part. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Required fields are marked *. The first requirement which must be met to satisfy the VA is a sleep study. The VA uses two options for rating most sleep apnea claims. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Headaches which are new or have become worse. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a For example, if a veteran has service connection for diabetes caused by agent orange and it is a well known fact that diabetes can cause sleep apnea, then you should be able to add it to the claim. You only need to establish that your sleep apnea is at least as likely as not: A nexus letter is an evidence-based document prepared by a medical professional that helps to establish a connection between the veterans current disability and either military service (for direct service connection) or another rated disability (for secondary service connection). Some people have developed CFS after having a viral infection like Epstein Barr virus, Herpes virus 6, and mouse leukemia virus, but there has been no conclusive evidence. Did the VA Benefit of the Doubt Rule just disappear? Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! The VA classifies Sleep Apnea as a disability for which compensation is granted. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. VA Disability Ratings for Sleep Disturbances | CCK Law 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. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Want More Information about VA Sleep Apnea? Thats what Sleep Apnea does while you are sleeping, you stop breathing. You're not alone. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. 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. The most trusted name in education-based resources for Veterans. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. According to the VA law, there are three evidentiary elements that must be satisfied for sleep apnea conditions to prove secondary service connection: A medical diagnosis recorded in medical records of sleep apnea confirmed by a sleep study Evidence of PTSD as a service-connected primary disability A noticeable sign of obstructive sleep apnea is snoring. Anxiety and depression can interfere with sleep patterns. 2023-03-04T21:20:56-05:00 I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. I recommend Perkins Law Firm. Youre arent alone. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. The information contained on this web site is provided for informational purposes only and not legal advice. z`tsd#Ex>@"A"M@+5;$ 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. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! If you use a CPAP machine, then this should warrant a 50% rating. Your first step is to be absolutely sure about what type of apnea you have. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. 4 Lessons You Need to Learn to Service Connect Sleep Apnea. Board of Veterans Appeals 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. By doing this your claim will have the best chance possible. Most Veterans are not proving sleep apnea is service connected. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. There are three primary ways for veterans to get a sleep study: Once youve finished your sleep study, its important to review your results with a sleep specialist to confirm whether you have a medical diagnosis of sleep apnea. Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library FREE tips for veterans to stay protected, calm and informed HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ You're not alone. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 If you have this condition, it causes the throat muscles to relax while sleeping. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. The question raised in this case is whether this "intermediate step" is limited to . Therefore you should be well prepared before submitting your claim. You cut off oxygen to the brain and blood, and other body systems break down. endobj 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.