Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. Are you a veteran who suffers from sleep apnea? How to Hire an Attorney For Your VA Claim or Appeal. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. Your voice is important especially when it comes to your own health care. Unfortunately, VA does not always apply the law correctly. Joints and muscles can have a lot of pain during flare-ups, and, due to the fatigue, mobility may not be something a patient can easily do. <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> It is the only thing that kept in the fight and especially it keeps sane and focus. 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. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. Need help claiming this crucial part of your claim? Microsoft Word 2010 <>stream Jason Perkins, was my lawyer in a workers comp. VA Claims insider is an education-based coaching/consulting company. Learn how your comment data is processed. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. Contact Us endstream Thousands of other Veterans in our Community are here for you. How to Hire an Attorney For Your VA Claim or Appeal. 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. In the year thatI spent researching theSleep ApneaField Manual, I learned that there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea. (6.[,P)BLd?8e:}]eS8Sx| XvKdEP,Zbl65k8 x!KSToHjbrC. 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. Will be some time before answer but getting all the info I can. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Do I Need a CPAP Machine to be Service-Connected? Keep us posted Im eager to hear how it turns out! I have had cardiomegly X-rays while on active duty. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Chills and night sweats as well as low-grade fevers. 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 Did the VA Benefit of the Doubt Rule just disappear? 2017-05-30T18:09:36-04:00 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. That is how I suggest you handle this situation. In April 2013, the RO reopened the sleep apnea claim, but denied service connection, and found no new and material evidence sufficient to reopen the tinnitus claim. The independent opinion of a private medical professional can also influence the C&P examiners medical opinion, as well as the VA rating officials final disability decision. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. Weight gain can be tied to several different conditions. 8 0 obj 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. Copyright 2023 VA Claims Insider, LLC. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 How to Get a 100 Percent VA Rating (if deserved)! Physical therapy can be given to help maintain and improve mobility. NOT GOING TO GIVE UP, I filed a FOIA for a copy VA experts opinion in preparation for another NOD, this time Im requesting a formal face to face meeting with DRO. 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. Please call for an appointment before visiting: Mail Processing Center: P.O. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! HtT0DRO`" m)R,aep/>An)`?52nZ^ 3x3Qeo3R}8'h-=d2efHCQ Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. Some of the most common symptoms of sleep apnea include: People who suffer from sleep apnea are often unaware of the breathing disturbances, finding out about them from a bed partner or roommate. This is a great group of people who really care about your well being. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Worsening of symptoms after activities. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! Otherwise, I would properly ended up in mental health facility or going insane!!! Your first step is to be absolutely sure about what type of apnea you have. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. 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. * What if it wasnt diagnosed until years after service can I service connect it then? Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. The question raised in this case is whether this "intermediate step" is limited to . * How do I appeal the VAs denial of my Sleep Apnea? 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. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. SvKve5.YmPE}=;vpb -GW2RN Your email address will not be published. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. Secondary Service Connection Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. If you continue to use this site we will assume that you are happy with it. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. z`tsd#Ex>@"A"M@+5;$ In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. I awake countless time at night due to this. The most trusted name in education-based resources for Veterans. Once diagnosed the more difficult step is required, which is proving the service-connection for sleep apnea. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg 2 0 obj Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. Without a CPAP machine, the VA assigns a 30% rating. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Concerningly, it is also one of the conditions most rejected by the VA, as the vast majority are regularly turned down. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c I spoke with DRO via phone for 5min confirming she received my NOD and evidence. You will then need an expert medical opinion that shows these symptoms back then in service were probably sleep apnea even though you had not been diagnosed at the time. 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 Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Do You Owe Your Severance Pay Back to the VA? *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. <>stream I recommend Perkins Law Firm. Gulf War Illness and Presumptive Service Connection. I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). Hence, the weight gain. And you are going to have to presentit neatly andpersuasivelyto the VA. <>/Parent 3 0 R/Type/Page/Contents 8 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> * WHAT evidencetouseandwhich path to Service Connectionto use. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. BVA Decision I cannot recommend Jason and his staff enough. You can lose your arms and legs and still survive. we represent clients nationwide. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. 4 Lessons You Need to Learn to Service Connect Sleep Apnea. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. %PDF-1.4 % Do you have questions about how to service connect sleep apnea claims? The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. By doing this your claim will have the best chance possible. Many civilian doctors have NO CLUE what a Nexus letter is or the importance of it!
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