Thats what Sleep Apnea does while you are sleeping, you stop breathing. and Coronavirus. But if your body cannot get sleep, you will die. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. If your situation is not like the one above, remember that this is only oneof the ways you may be able to win VA disability for sleep apnea. I read hundreds of cases. For all about getting a VA rating for sleep apnea, see our post Your Sleep Apnea VA Rating A Guide to Getting a VA Disability Rating for Sleep Apnea. <>stream endstream endobj startxref I talked to hundreds of Veterans who had been denied VAsleep apnea compensation. They denied injections the doctor recommended to ease my pain. In the U.S. it has been acknowledged that more education needs to be provided to doctors and nurses to give them the skills to detect CFS sooner for the well being of the patient. I have a diagnosis and a CPAPwhy arent they granting my claim?. fight to get their sleep apnea 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). In this article, well help you understand the top 5 reasons OSA claims are deniedand even better, what to do about it if youve received a denial for your OSA claim. 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. Your email address will not be published. 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. 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. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. Its an essential piece of evidence. 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. * The SPECIFICEVIDENCEyou will need to prove another medical condition caused your sleep apnea. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w 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. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Also see our post What is a Service-Connected Disability? Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Sounds easy enough, right? * 5- Star Lay and Medical Evidence that show you your VA Sleep Apnea disabilityaffects your dailylife. Heres the brutal truth about VA disability claims: The proper medical explanation of the origin of the veterans sleep apnea, Lay AND Medical detailing of the symptoms experienced from sleep apnea affecting the veteran since the onset of the condition in the service until the present day. Also, to check for the cause of fatigue a doctor may do physical examinations such as an exercise stress test to check on the function of the heart and lungs. In fact, sleep deprivation is a common form of torture, as many of us know all too well. Physical therapy can be given to help maintain and improve mobility. yet assertive representation for our clients. 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. 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 Even if youve been denied before, its not too late! =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! Were Veterans, just like you, whove learned how to navigate within the VA system. 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. * The importance ofamedical expert opinion in your Sleep Apnea claim. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. I dont know if Im authorize a second run at the DRO or go straight to BVA. 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. FREE tips for Veterans to stay endobj In our experience, most VA disability claims are won or lost based on medical evidence. Its an entirely different thing to mix those ingredients so that they turn into a cake. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. This mistake has led to as much as 76% of sleep apnea claims being rejected (as recently as 2014). about the threat of COVID-19 and Coronavirus. You cut off oxygen to the brain and blood, and other body systems break down. Theres lots of literature available to back it up. (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)! Excessive daytime sleepiness is the most noticeable signal for those who live alone. You do not have to be prescribed a CPAP machine to be service-connected for sleep apnea. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). 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. All Rights Reserved. endstream endobj 43 0 obj <>stream If you continue to use this site we will assume that you are happy with it. Making the Sausage: Heres what you need to know about new VA Claims regulations. 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. Like researchers that have been searching for the Holy Grail the harder they look, the less they find. Required fields are marked *. 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. Dont make the mistake so many other veterans have. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. * What if it wasnt diagnosed until years after service can I service connect it then? Microsoft Word 2010 At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. Even without a definitive cause of the disorder there are noted risk factors including being between the ages of 40-50, difficulty managing stress, and women are more commonly diagnosed (possibly because they report symptoms more often). NOW ITS YOUR TURN. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. See our tips on how to obtain a credible nexus letter. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. How to Connect Sleep Apnea to Military Service. 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 dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. 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. Below is the schedule for rating . z`tsd#Ex>@"A"M@+5;$ Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection. 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. 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. (In many cases, amedical expert report or opinion may be crucial to success). Its almost as much work and it can often take as much dedication. 2 0 obj Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. However, if you use one, it does provide you with a higher rating. Unfortunately, VA does not always apply the law correctly. VA claim for sleep apnea denied? Since there is no cure for CFS the treatment focuses on relief of the symptoms. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. 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. Not presumptively. 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.
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