In fact, sleep deprivation is a common form of torture, as many of us know all too well. 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.. Estimate your 2023 VA Rating & Compensation for FREE! Making the Sausage: Heres what you need to know about new VA Claims regulations. I got a 50% rating. SvKve5.YmPE}=;vpb -GW2RN Our firm was founded in 1986 in Orlando, Florida. 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). This field is for validation purposes and should be left unchanged. 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. If you need assistance in appealing your claim for CFS,let us know here! 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4
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5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r Since that time, we have provided compassionate Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. sleep apnea is DEADLY, my brother in law went out CAMPING. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. Your email address will not be published. I read hundreds of cases. In my book Put it to Rest! For instance, often sleep apnea presents itself in those who have been suffering from PTSD. We would be happy to talk to you. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. You're not alone. If you use a CPAP machine, then this should warrant a 50% rating. If you or a loved one suffers from CFS do not be afraid to report symptoms to your doctor. This field is for validation purposes and should be left unchanged. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. The VA is also wary of the fact that sleep apnea may well have been a condition suffered by the veteran before their time in the military. Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters. 3 Steps to Veteran Disability Benefits for Sleep Apnea, 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD, 3 Ways to Get a VA Rating for Insomnia (The Insiders Guide). Here, nexus is the connection between your service and the current diagnosis of sleep apnea. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing. * A good Lay and Medical presentation and assessment of the sleep apnea symptoms you have had from service, or service-discharge, to the present day. If you have this condition, it causes the throat muscles to relax while sleeping. No wonder Sleep Apnea is affecting so many Veterans sleep apnea can be the result of other disorders or medical conditions. Youll need to make the call on direct service connection versus secondary service connection. A current disability (medical diagnosis in medical records), An in-service event, injury, disease, or aggravation; and, evidence of chronicity and continuity in your service treatment records and private treatment records, or, A medical diagnosis of sleep apnea confirmed by a sleep study in VA medical records or private records (sleep study in past 12 months), Medical nexus evidence establishing a connection between. Headaches which are new or have become worse. b4RmeCF$ZelpKT+ise$._DSah#Yxm CPGtef%gMvHPMO_'QXfk3xk9R-bxUqJ4rzWhixgi7-]ng)T2i:P z"/oCw.8{N
A\c\FOl>jlh@7p While sleep apnea on its own can be difficult to connect, you have the option of connecting it to another condition already claimed. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. 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. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. 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. All Rights Reserved. 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. Jason Perkins, was my lawyer in a workers comp. 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. Required fields are marked *. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. I believe the two are connected. Sounds easy enough, right? I filed to reopen my SA claim in 2016. * Can Agent Orange cause Sleep Apnea? Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Sleep apnea is a medically complex disorder. FREE tips for veterans to stay protected, calm and informed A noticeable sign of obstructive sleep apnea is snoring. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. uuid:7e8f97fd-fbb3-41de-a1ee-403277269d1a Lets begin today's post with the Bottom Line Up Front (BLUF): It is HARD to get service connected for Sleep Apnea secondary to Depression. Medical professionals did not have the medical capabilities to perform sleep study testing when they served. The transmission of an email request for information does not create an attorney client relationship. %%EOF
4 0 obj Chris, thank you for the posts and training videos you are providing to veterans. I filed NOD in early 2017 request an informal DRO. Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. 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. . *To prove your Sleep Apnea is service connected without a sleep study in the military? They were at all times attentive and on top of my case. hUmoF+1QNH6,65B.E]>XH?a8D Ht"B)\5H($>f_+:TPT!UBPTVR$Xz.c-sKGkzlYz;j&]&Lra)"6"x\?gY(5vZlbQn]wEutI&q$+}on~[]#mg])jqY_`jh]W7|E}Ag\SV Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! However, if you use one, it does provide you with a higher rating. The question raised in this case is whether this "intermediate step" is limited to . Estimate your 2023 VA Rating & Compensation for FREE! I disagree.
lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Along with a direct Nexus, it is also possible to win a sleep apnea claim by claiming it as a secondary condition. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Anxiety and depression can interfere with sleep patterns. I am service connected for chronic sinusitis with a 30% rating. Thats what Sleep Apnea does while you are sleeping, you stop breathing. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. 67 0 obj
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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. With lay evidence AND medical evidence. Thanks for your concern and the blog. 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. Weve supported more than 15,000 veterans to win their claims and increase their ratings. When filing a VA disability Claim for Chronic Fatigue Syndrome there are specific things the VA has to see before service connection can be considered and disability compensation granted. Even if youve been denied before, its not too late! * What if it wasnt diagnosed until years after service can I service connect it then? Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. IN THE APPEAL OF .
This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school. 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. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. <>stream But if your body cannot get sleep, you will die. endstream
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Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. When filing a VAclaim for CFS, the Department of Veterans Affairs has to see the onset of this fatigue is severe enough to reduce your routine daily activities to less than 50%, your medical history, and several symptoms that indicate CFS. What about PTSD? I told you at the beginning I wantto change your thinking. However, if you use one, it does provide you with a higher rating. This is a great group of people who really care about your well being. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. application/pdf Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. 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. Battle of DUAL-EXPERTS Chris, you called it!!! I have also had a stroke. My claim was approved first time submitting. 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. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. 8 0 obj Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. * WHAT evidencetouseandwhich path to Service Connectionto use. They denied extra physical therapy. If you are hurt at work, this is the firm you want on YOUR side. Thats $901.83 a month. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea, result of other disorders or medical conditions, Sleep Apnea is going to be as big an issue for our current generation of Veterans. 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. Youre arent alone. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. 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 Its an entirely different thing to mix those ingredients so that they turn into a cake. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Most Veterans are not proving sleep apnea is service connected. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! 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. Also sinusitis, rhinitis, hypertension. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Keep us posted Im eager to hear how it turns out! 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. we represent clients nationwide. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! * How do I appeal the VAs denial of my Sleep Apnea? Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Those are the ingredients. Sleep apnea can develop for a number of reasons, meaning it can be very hard to pinpoint the exact cause. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. Once you are clear on the type of apnea, you should talk with your doctor further about what he or she thinks is the primary cause for it. Any advice on getting sleep apnea service connected? 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. OY&/Ov{"3 tz0{r
F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . Source: Department of Veteran Affairs Regional Office New Orleans, LA. 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. I got so many questions that I began to do a lot of research into how to service connect Sleep Apnea claims and what is happening with Sleep Apnea in the Veterans community. There is evidence of sleep breathing problems in-service, in the Veterans service medical records, or lay evidence of these problems during the period of military service, but no diagnosis of Sleep Apnea in-service. How is Chronic Fatigue Syndrome Diagnosed? To find the definitive guide for service-connection for sleep apnea, check it out here. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. 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. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . 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.
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