For a true diagnosis of CFS the patient must also have one of the two following symptoms: There are other symptoms that some but not all experience: Diagnosis of Chronic Fatigue Syndrome can be a bit tricky and understandably so because there is no set test to make the determination. 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. We can helpreach out so we can show you how. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Contact Us Your VA rating for chronic fatigue syndrome will be higher the worse, or more severe, your symptoms are. 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. Everyone I came in contact with there was very nice. ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. 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 Thats what Sleep Apnea does while you are sleeping, you stop breathing. 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. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. The information contained on this web site is provided for informational purposes only and not legal advice. Its one thing to give you the ingredients for a chocolate cake. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. 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. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. endobj Favorable BVA Case Law Precedent Example #2: Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. caused or made worse by your active duty military service OR. San Jose, CA: 2880 Zanker Road, Ste. 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. Readers should not act or rely upon any information contained in this web site without first seeking the advice of an attorney. I spoke with DRO via phone for 5min confirming she received my NOD and evidence. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Making the Sausage: Heres what you need to know about new VA Claims regulations. The same can be said about service-connected mental health conditions. In our experience, OSA denials are almost always due to one or more of these five gaps: Fortunately, there are simple strategies you can employ to address these factorseven if the VA has already denied your VA claim for sleep apnea. Not presumptively. Viet Nam Vet. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. * Can I service connect sleep apnea without a sleep study in service? OY&/Ov{"3 tz0{r
F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Estimate your 2023 VA Rating & Compensation for FREE! Battle of DUAL-EXPERTS Chris, you called it!!! 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. 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). Tender lymph nodes usually in the neck and underarms. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. Your VA Sleep Apnea Claim, Ill give you the recipe for each of those 4 scenarios. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. If there is a way for us to improve our claims to get more granted for Vets with "GWI", rest assured, you will find it on the Veterans Law Blog. Your email address will not be published. Worsening of symptoms after activities. Thats $901.83 a month. I cannot get the sleep apnea connected. 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 Without a CPAP machine, the VA assigns a 30% rating. Its an essential piece of evidence. 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. Newonset of debilitating fatigue severe enough to reduce daily activity to less than 50% of the usual level for at least six months. sleep apnea is DEADLY, my brother in law went out CAMPING. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability. 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). Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. 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. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. In fact, sleep deprivation is a common form of torture, as many of us know all too well. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. Local Wounded Veterans Gifted with Opportunities to Go Fishing. I believe the two are connected. In our opinion, the only time a veteran should pursue direct service connection for sleep apnea is if you had a sleep study performed while on active duty, which confirmed the presence of a sleep apnea condition (medically diagnosed) during active-duty service. I read hundreds, if not thousands, of Veterans C-Files, BVA Decisions and Veterans Court Decisions. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! We cant possibly cover each of those and the ways to service connect all of them in this one article. Estimate your 2023 VA Rating & Compensation for FREE! %PDF-1.4 Its over 165 pages long, and took 9 months of research. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. Can I Get a VA Rating for Sleep Apnea Secondary to Depression? 7 0 obj 2023-03-04T21:20:56-05:00 This may cause dizziness, weakness, fainting while standing or sitting, as well as vision becoming blurry or seeing spots. Your airway narrows and closes, leading to pauses in the breathing cycle. Youll need to make the call on direct service connection versus secondary service connection. If you use a CPAP machine, then this should warrant a 50% rating. Most Veterans are not proving sleep apnea is service connected. Why? You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. How to Get a 100 Percent VA Rating (if deserved)! 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. c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. What about PTSD? You DESERVE a HIGHER VA rating.WE CAN HELP. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. However, if you use one, it does provide you with a higher rating. If you are lucky, you start breathing again. 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. Required fields are marked *. solid foundation of Lay and Medical Evidence, read hundreds, if not thousands, of Veterans C-Files, Put it to Rest! Theres lots of literature available to back it up. 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. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. If you are a veteran and have been struggling with sleep problems, you may wonder if a VA sleep study is the right solution. Do You Owe Your Severance Pay Back to the VA? I have a diagnosis and a CPAPwhy arent they granting my claim?. One step at a time, one claim at a time, one veteran at a time.we vets are winning!! 4 0 obj It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. 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). If you use a CPAP machine, then this should warrant a 50% rating. See id. This means they make their claim without providing much proof. Copyright 2023 VA Claims Insider, LLC. How to Hire an Attorney For Your VA Claim or Appeal. If you are hurt at work, this is the firm you want on YOUR side. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law. Youre arent alone. See our article Burn Pit Presumptive Conditions. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Not only does the VA provide compensation, but once you receive a service-connection for it, it provides a way to get other disabilities to service-connected. 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. 3. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. uuid:9ecae647-b430-492b-9ebf-3254b1d19b42 Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 I cannot recommend Jason and his staff enough. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Need help claiming this crucial part of your claim? Theres so much information, so many Veterans, and so much delay that it sometimes feels like this battle will never end. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. Allergies or sensitivities to foods, odors, chemicals, or noise. VA denied it again (2nd) in late 2016 No treatment in service, VA totally ignoring evidence submitted. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 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. First of all, lets explore a little about this common disability in veterans, so you understand the condition and why its important you pursue your claim and get the benefits you deserve. Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! I also have central and obstructive sleep apnea which has been denied service connection. 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. 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. 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. How to Connect Sleep Apnea to Military Service. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). I filed to reopen my SA claim in 2016. injury case. Symptoms can become worse with exertion by either physical or mental activity, such as going shopping and having to take a nap in the car before driving home, or staying on task at work and needing the evenings and weekends to recover, taking a shower and becoming bed bound for a couple of days afterward. * 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. Many conditions that are service related can cause obesity, like diabetes (and diabetes medications), depression, and injuries that result in lack of mobility. However, most of the time, sleep apnea is a secondary claim. Thats what you REALLY need you need the RECIPE for proving that sleep apnea is service connected. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. Ill also show you: * The problem with your particular type of Sleep Apnea from the VAs perspective, * The Key Question to be resolved in EACH scenario, * Solutions to the Most Common Errors in Sleep Apnea claims. How can you learn more about these things? We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. 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). Nexus is simply a connection or series of connections linking two or more things. * How the VA willrate your sleep apnea condition after granting Service Connection. Winning a VA Sleep Apnea is much harder. But remember the ultimate goal to win your VA disability compensation claim. Was your obstructive sleep apnea (OSA) VA claim denied? There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. 1 0 obj medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). endobj If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. 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 biggest mistake most veterans make in their service-connection for sleep apnea claims is in expecting the VA to take them at their word. Even as Veterans Claims for Sleep Apnea soar, it is clear that theVA DOES NOT understand the full scope of how sleep apnea occurs, medically or factually. Ann Margaret really took the time to explain things to me. Most of the time, a person just deals with it for many years until they eventually go to a doctor and undergo testing.
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