Here are the ingredients to a properlydeveloped claim for sleep apnea: *A solid foundation of Lay and Medical Evidence showing when sleep apnea first began to present in the Veterans life. 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). Thanks to additions to the VA presumptive list, you may be able to presumptively service-connect rhinitis, sinusitis, rhinosinusitis or asthma if you served in particular theaters during specified time periods. 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). 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). Even a previous diagnosis may not be accepted by the VA without a sleep study. .{}p/=jyWG0j#kdLl%*~ P5O1A S-<9o2xmBV1 G(7H^1rnWI\8@I8w If you are already service-connected for your knees or your back, you are likely not as active as you once were. How to File a Claim on VA.gov (step-by-step)! You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. What the doctor is trying to do is check all possible outcomes for the symptoms to make sure a clear diagnosis can be given. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. 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. I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didnt call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesnt stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case Thats Taking Care Of Business. Headaches which are new or have become worse. * Can Agent Orange cause Sleep Apnea? Dear Mr Attig: 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. We would be happy to talk to you. Perhaps theyll have to spenda night with someone that suffers from obstructive sleep apnea, hear the suffocating snoring, experience the fear that the person will stop breathing altogether, they will continue to not take seriously claims for sleep apnea. * How the VA willrate your sleep apnea condition after granting Service Connection. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. Template for processing Decision or Remand 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. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 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. 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. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. Not presumptively. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. Has camp Lejeune exposures been linked to sleep apnea? Copyright 2023 VA Claims Insider, LLC. Then present the proper records for service connection with a professional opinion on the Nexus of the sleep apnea. ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. We can helpreach out so we can show you how. 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. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg 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 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. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. In my book Put it to Rest! We see that quite often with sleep apnea claims. No proof of service connection (missing a nexus letter), #4 Lack of active-duty documentation and medical evidence, #5 Filing for direct service connection vs secondary service-connection (secondary to an already service-connected disability). Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 203, San Jose, CA 95134 Need help claiming this crucial part of your claim? =XG\b?pjbAp{SB~,L8G2*`'x;7i2uPC=Lo:ITXwKVm /! I have a diagnosis and a CPAPwhy arent they granting my claim?. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 However, if you use one, it does provide you with a higher rating. Have sleep apnea, AO esposed, 65 in VN; being treated for mild PTSD for one & 1/2yrs. Kim was very helpful and any time I had a question she made sure I got an answer. You're not alone. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Your first step is to be absolutely sure about what type of apnea you have. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. 2 0 obj This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. 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 * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. 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). 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. 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. You cut off oxygen to the brain and blood, and other body systems break down. This field is for validation purposes and should be left unchanged. 8 0 obj Then, watch this video of a former C&P examiner revealing her tips for getting your sleep apnea service-connected! No current sleep study within the last 12 months, #2. It's almost as much work - and it can often take as much dedication. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. I filed to reopen my SA claim in 2016. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! 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. One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Along with the record of the potential cause must also be a proven medical link between sleep apnea and the occurrence. Our firm was founded in 1986 in Orlando, Florida. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 3. Hear from fellow Veterans just like you, with many of our Veteran Success Managers having gone through our programs. In fact, sleep deprivation is a common form of torture, as many of us know all too well. NOW ITS YOUR TURN. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. 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. A nexus letter is often the missing link in a VA claim. . Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. The criteria for entitlement to service connection for sleep apnea, to include as secondary to PTSD with major depressive disorder, are not met. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. Youll need to make the call on direct service connection versus secondary service connection. His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2016 - VeteransLawBlog.org - All Rights Reserved | Terms & Conditions | Legal Disclaimer, The Veterans Law Blog is NOT a law firm. To prove that sleep apnea is service connected, the smart Veteran is going to have to connect the dots for them. Even if yours is obstructive sleep apnea like we discussed here, there are still other ways to service connection other than proving you had sleep apnea in service.
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