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I believe the two are connected. How to Get a 100 Percent VA Rating (if deserved)! Worsening of symptoms after activities. Another theory is a hormonal imbalance because elevated hormones are seen in the blood work of those who have CFS, but the importance of this is unknown as well. We cant possibly cover each of those and the ways to service connect all of them in this one article. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. However, most of the time, sleep apnea is a secondary claim. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 No blog, and no eBook can substitute for legal advice from an accredited VA attorney. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. I recommend Perkins Law Firm. Required fields are marked *. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 Youll need to make the call on direct service connection versus secondary service connection. In our experience, if you did NOT have a sleep study while on active duty and you did not get a medical diagnosis of sleep apnea in the military, you should only attempt to service-connect your sleep apnea VA claim SECONDARY to another service-connected disability. Did the VA Benefit of the Doubt Rule just disappear? 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. endstream endobj startxref Finally, please remember that email may not be secure and may be subject to review by unwanted intruders. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. That said, the key here is making the connection from service to diagnosis. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. Was your obstructive sleep apnea (OSA) VA claim denied? caused or made worse by your active duty military service OR. If you continue to use this site we will assume that you are happy with it. * WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream Here, nexus is the connection between your service and the current diagnosis of sleep apnea. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . 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. I did not have a va physical until about 13 years after seperation from service. Our firm was founded in 1986 in Orlando, Florida. Weve supported more than 15,000 veterans to win their claims and increase their ratings. Winning a VA claim to service connect sleep apnea is hard. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> The question raised in this case is whether this "intermediate step" is limited to . All Rights Reserved. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider (The Insiders Guide), Insider Tips: How to Schedule a Sleep Study with the VA. How to File a Claim on VA.gov (step-by-step)! Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. Sounds easy enough, right? I filed NOD in early 2017 request an informal DRO. I believe that the VA and BVA do not take Sleep Apnea seriously. And that means you are going to have to think through your sleep apnea claim. Its almost as much work and it can often take as much dedication. How to Hire an Attorney For Your VA Claim or Appeal. * Can I service connect sleep apnea without a sleep study in service? The VA uses two options for rating most sleep apnea claims. 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 They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. 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. Save my name, email, and website in this browser for the next time I comment. entitlement to service connection for nerve damage to the bilateral lower extremities, to include as due to Gulf War illness, and, if so, whether the claim should be granted. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. 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). This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. 2017-05-30T18:09:36-04:00 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, endobj Yi-bR :z>r6iFR No current sleep study within the last 12 months, #2. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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. Microsoft Word 2010 If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney. If you have sleep apnea and sinusitis/rhinitis, your next step would be to get a doctors medical opinion supporting that your service-connected sinusitis/rhinitis caused or aggravates your sleep apnea. This field is for validation purposes and should be left unchanged. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. By doing this your claim will have the best chance possible. In my book Put it to Rest! It is the only thing that kept in the fight and especially it keeps sane and focus. 67 0 obj <>stream 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. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). How to Get a 100 Percent VA Rating (if deserved)! History of studies and lab work showing the doctor ruled out other possible conditions that may be causing the same symptoms, Nonexudativepharyngitis (swelling of the back of the throat with no mucus), Tender/palpable lymph nodes (neck or underarms), Fatigue lasting longer than 24 hours after exercise, Neuropsychological symptoms (burning, numbness, tingling sensation, sensitivity). I think that far too many raters and BVA judges think of sleep apnea as made up medicine. Service connection on a secondary basis requires evidence of aggravation or causation.This requires that the secondary disability be shown to be proximately due to or proximately aggravated by another service-connected disability. Andmy sleep study was not done in the military.. They denied injections the doctor recommended to ease my pain. 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. 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. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it! The VA disability ratings for Chronic Fatigue Syndrome are 10%, 20%, 40%, 60%, and 100% all dependent on the severity and other factors of your symptoms. The biggest mistake most veterans make in their service-connection for sleep apnea claims is in expecting the VA to take them at their word. z`tsd#Ex>@"A"M@+5;$ Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. Both sinusitis and rhinitis are linked to sleep apnea. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. And that means you are going to have to think through your sleep apnea claim. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. VA Disability Ratings for Sleep Disturbances | CCK Law hTOo0| LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. How to File a Claim on VA.gov (step-by-step)! Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. Second example.lets say the veteran has service connection for PTSD. Hot Dogs for Heroes 4th of July Event This Thursday! VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. We are sorry that this post was not as useful for you! Youre arent alone. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. 2023-03-04T21:20:56-05:00 FREE tips for veterans to stay protected, calm and informed See our article Burn Pit Presumptive Conditions. 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 and frankly most of America still thinksof Sleep Apnea asa condition for theobese male with a big neck. They think wrongly that sleep apnea is not the kind of disability associated with a wounded warrior. 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. There are 3 ways to get it: Chris, Otherwise, I would properly ended up in mental health facility or going insane!!! Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. The transmission of an email request for information does not create an attorney client relationship. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. endstream Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. 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. 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. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. 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. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. This is in order to be officially diagnosed. I talked to several doctors about the causes and limitations of sleep apnea. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. After that knee replacement, he could no longer lift weights;thesudden weight gain the resulted caused his obstructive sleep apnea. While its not really hard to prove service-connection of your sleep apnea, its most certainly not easy: you are going to have to put in some work. How can you learn more about these things? Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study).

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