Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. Therefore, records of an in-service injury, illness or other events that could have caused the sleep apnea condition are essential. 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. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. Theres lots of literature available to back it up. Department of Veterans Affairs As the patient, this can be a stressful time, which is why it is so important to tell your doctor all the symptoms you have even if they seem silly or strange. I also have central and obstructive sleep apnea which has been denied service connection. I have sleep apnea and emphysema. <>stream Save my name, email, and website in this browser for the next time I comment. Broadly, it's defined as the occurrence of five or more breathing-related "events" per hour, measured by polysomnography (sleep study). Scenario 2: The Veteran has a current diagnosis of sleep apnea. The first requirement which must be met to satisfy the VA is a sleep study. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Scenario 1: Diagnosis of Sleep Apnea First Occurs a Long Time after Service, with no evidence of sleep-breathing problems in the Military Service, or Military Medical, records. In order to help you with your secondary claim, we have put together this Insiders Guide! 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. Viet Nam Vet. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law I cannot get the sleep apnea connected. Cognitive training is important to be able to talk to someone about CFS and its limiting factors on life, and how to cope on a daily basis. endstream endobj 42 0 obj <>stream PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 I recommend Perkins Law Firm. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 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. It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. 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. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. Required fields are marked *. Without a CPAP machine, the VA assigns a 30% rating. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Your email address will not be published. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Yi-bR :z>r6iFR I got a 50% rating. In order to establish direct service connection for sleep apnea, a claimant must show that they have: a current, diagnosis of sleep apnea an in-service event or illness/injury a medical nexus or link that shows the veteran's sleep apnea is related to their in-service event, injury/illness. %PDF-1.4 % We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Also see our post What is a Service-Connected Disability? If you use a CPAP machine, then this should warrant a 50% rating. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. 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). Sounds easy enough, right? Dont make the mistake so many other veterans have. endobj They denied injections the doctor recommended to ease my pain. The best way to receive a VA disability compensation rating for sleep apnea is to provide the following information along with your claim: While the VA has begun to show a greater understanding of sleep apnea in veterans, the hard truth is that the VA has still not proven itself to accept the full range of how sleep apnea can manifest. I think that far too many raters and BVA judges think of sleep apnea as made up medicine. If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service. protected, calm and informed No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). We cant possibly cover each of those and the ways to service connect all of them in this one article. 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. Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. Do I Need a CPAP Machine to be Service-Connected? Your email address will not be published. Any advice on getting sleep apnea service connected? 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 This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Nexus is simply a connection or series of connections linking two or more things. Template for processing Decision or Remand Finally, sleep apnea is a complex condition that can present itself differently in the case of each veteran. Here are some common symptoms of sleep apnea: Contrary to the myth, sleep apnea does not need to be diagnosed while on active duty. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. Even a previous diagnosis may not be accepted by the VA without a sleep study. Do you have questions about how to service connect sleep apnea claims? Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. Because of this all veterans hoping to receive a disability compensation rating from the VA should take the responsibility of connecting the dots for the claim themselves. THANK YOU AGAIN. I filed to reopen my SA claim in 2016. Therefore, a well-crafted nexus letter for sleep apnea is the single most crucial document a veteran can provide the VA adjudicator to help prove service connection on an at least as likely as not basis. I dont want you to think about the EASY path to proving Sleep Apnea is service connected. . Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. 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). 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. 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 Winning a VA claim to service connect sleep apnea is hard. Is Sleep Apnea a Disability? A Guide for Veterans Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 However, if you use one, it does provide you with a higher rating. Keep us posted Im eager to hear how it turns out! The rate was a staggering 22%. 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. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. I disagree. hbbd```b``"A$,^&d4dZ0;LI`2A`6H9!`qF' 0 Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. And you are going to have to presentit neatly andpersuasivelyto the VA. It is the only thing that kept in the fight and especially it keeps sane and focus. 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. If you are hurt at work, this is the firm you want on YOUR side. Therefore you should be well prepared before submitting your claim. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea.
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