How is Chronic Fatigue Syndrome Diagnosed? VAs expert indicated the RISK-FACTORS of my SP was a results of what he had listed. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. Required fields are marked *. protected, calm and informed No blog, and no eBook can substitute for legal advice from an accredited VA attorney. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. For instance, the rating criteria for 100% disability rating for chronic fatigue syndrome detailing debilitating and incapacitating fatigue, cognitive impairments, or a mixture of other similar symptoms severe enough to restrict your daily life and self-care significantly. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. 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. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. We offer free resources and expertise to empower all Veterans. 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 Our firm was founded in 1986 in Orlando, Florida. injury case. Its an essential piece of evidence. It's almost as much work - and it can often take as much dedication. Tender lymph nodes usually in the neck and underarms. 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. The VA Claims Medical Team specializes in this, sign up here to take the first step in your VA claim! This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. My expert agreed to write a rebuttal opinion to the VAs expert. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. The VA uses two options for rating most sleep apnea claims. Hot Dogs for Heroes 4th of July Event This Thursday! There are certain chronic diseases that a veteran may be presumptively entitled to if the disease manifests to a certain degree within a specified timeframe after the veterans period of, In todays society, hypertension is a common diagnosis for most veterans. 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. Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. Just had C& P exam for sleep apnea. Worsening of symptoms while sitting upright or standing, known as Orthostatic Intolerance. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! In order to help you with your secondary claim, we have put together this Insiders Guide! We can helpreach out so we can show you how. we represent clients nationwide. * WHAT evidencetouseandwhich path to Service Connectionto use. Medications can be prescribed that help with depression caused by living with CFS, also low dose antidepressants have been shown to improve sleep patterns. There is no cure for Chronic Fatigue syndrome but medications can be prescribed to help with depression along with physical therapy. 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). 4 Common Scenariosfor Proving Sleep Apnea is Service Connected. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. I understand you want your VA claim to be done as quickly as possible. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 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. In fact, sleep deprivation is a common form of torture, as many of us know all too well. However, there are more causes of Cardiomegaly than sleep apnea, so you will want a doctors medical opinoino as to whether your Cardiomegaly is related to a chronic sleep breathing disorder, or has some other origin. endobj Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. 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. yX;~yh- C[+olP,)bh\JV$wrl&JL4ikP4dBVLA&0czP\wA*ya1(2!hGVc~TldI0!Hvi,w*9ZE.#G"EmyU 6+((4c If you are hurt at work, this is the firm you want on YOUR side. If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. ,144x{,}T=7#|lk0s @0\0N Z,;QkH|L[, Template for processing Decision or Remand. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. Veterans can also prove service connection for sleep apnea by showing that their sleep apnea began in service using service medical records, or by providing a nexus opinion from a medical professional that links their current diagnosis of sleep apnea to signs or symptoms they experienced in service. Even a previous diagnosis may not be accepted by the VA without a sleep study. I cannot get the sleep apnea connected. Elizabeth M. Walsh appeals the Board's denial of service connection for hypertension and sleep apnea. (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)! Hepatitis C also causes insulin resistance. * 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. OSA secondary to PTSD (or other mental health claim) is a more challenging claim to make, but it is still a top candidate for secondary service connection of sleep apnea. Your first step is to be absolutely sure about what type of apnea you have. 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. Camp Lejeune Lawsuit. 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. Thousands of other Veterans in our Community are here for you. 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. 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. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). HV6+jsl1q$=Yn3 N>% YQUVUOICzR4'By!-v'QZI`+2c.T\`~]Klovk*\3x9$vx%C _FjOBFECxm]WoZ>H*:zR/yuY(r( There are 3 ways to get it: Chris, Your airway narrows and closes, leading to pauses in the breathing cycle. Jessica joined the Hill and Ponton team in the summer of 2017 and was excited to use her skills to help veterans. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. How to File a Claim on VA.gov (step-by-step)! If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Source: Department of Veteran Affairs Regional Office New Orleans, LA. Your email address will not be published. Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. Kim was very helpful and any time I had a question she made sure I got an answer. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. %%EOF While an OSA disability claim secondary to sinusitis/rhinitis is an easier path, veterans who are service-connected for PTSD (or other mental health conditions) are eligible for secondary service connection for their sleep apnea, and its possible to achieve an OSA disability claim secondary to PTSD with the right strategy and credible medical evidence. Even with that little bit of extra information, almost allVeterans are still being denied service connection for sleep apnea. SvKve5.YmPE}=;vpb -GW2RN presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Scenario 2: The Veteran has a current diagnosis of sleep apnea. A/8un$zjHNSPU%=8HF Z*v@l(?6Nx/ My claim was approved first time submitting. Instead, the leading cause of sleep apnea is weight gain. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. In my book Put it to Rest! Veterans whoare looking for the easy way to get sleep apnea service-connected will not find it in my opinion, there is no such thing. Save my name, email, and website in this browser for the next time I comment. And that means you are going to have to think through your sleep apnea claim. Once you are clear on the type of apnea, you should talk with your doctor further about what he or she thinks is the primary cause for it. However, if you use one, it does provide you with a higher rating. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . 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. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. * How the VA willrate your sleep apnea condition after granting Service Connection. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. Instead, lets focus on one type of sleep apnea claim our firm has recently worked on to illustrate just oneof the ways to prove service connection of obstructive sleep apnea. If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea. 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. You cut off oxygen to the brain and blood, and other body systems break down. <>stream HE WAS A VET, HE AND I SERVED IN NELLIS AFB BEFORE I GOT OUT,the hard way. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. The problem is that many disabilities that arise in service are not actually diagnosed in service. Below is the schedule for rating disability for Chronic Fatigue Sundrome. Your voice is important especially when it comes to your own health care. What the doctor may do is multiple laboratorytests to rule out some other underlying cause. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ 85004 2023-03-04T21:20:56-05:00 Below is the schedule for rating . Did the VA Benefit of the Doubt Rule just disappear? Of those who suffer from CFS, approximately one out of four will become bedridden or housebound for periods of theirillness. Anxiety and depression can interfere with sleep patterns. 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. Sleep studies can be done to rule out Obstructive Sleep Apnea (OSA) or other sleep disorders preventing restful sleep. * Can I service connect sleep apnea without a sleep study in service? For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. When Daniel laid it out and told me almost specifically, "Here's your timeline, here's how you do it, "here's what you do, here's what you need, "here are the things that you need," that sealed the deal. The VA uses two options for rating most sleep apnea claims. A noticeable sign of obstructive sleep apnea is snoring. By showing that the sleep apnea was proximately caused or proximately aggravated by another service-connected disability you have a better chance of building your claim. 201 Bankhead Highway, Carrollton GA 30117770-285-1198. According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k endstream endobj startxref LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog. 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. I only have 50 days to file NOD, or file a BVA appeal within 1 year. This is described as being foggy by patients. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. 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 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. 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. If I accomplish one thing in this post, it is to change the way thatyouthink about yourVA Disability Claim for sleep apnea. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Closely followed by PTSD, Hearing Loss, Tinnitus and TDIU. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! ; claim denied; hearing aids supplied but disability denied;pre-diabetic; high blood pressure. If you are lucky, you start breathing again. 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 awake countless time at night due to this. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm Your email address will not be published. DRO sided with VA expert (not surprise) who claimed SA was least likely as not occurred or caused by service, moreover, VA expert justified opinion by THE FOLLOWINGS;(time 12yrs since retirement, age 50 at the time of sleep study, and weight gain ?). *A good medical understanding of the unique CAUSE/ORIGIN (what doctors call etiology) of YOUR sleep apnea. 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. See our tips on how to obtain a credible nexus letter, Both sinusitis and rhinitis are linked to sleep apnea, Emerging research indicates a strong association between PTSD and sleep apnea, You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Disrupted breathing in which a persons respiration can become labored or even stop for up to a minute at a time, Limited attention span or difficulty thinking clearly, Snoring, including snoring that is especially loud and involves gasping, choking, or snorting that may cause a person to briefly wake up, #1. Common signs of sleep apnea include: Loud and frequent snoring Silent pauses in breathing Choking or gasping Daytime sleepiness Insomnia Unproductive sleep Morning headaches That is, until he damaged his knees in-serviceand had to geta knee replacement at amilitary hospital. That's what Veteran Lee G. did - Lee's VA claim changed when he read my Sleep Apnea book: "Chris gave me the knowledge to file a claim for Sleep Apnea. 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. Those are the ingredients. See R. at 8-9. 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 Symptoms of CFS include thinking and memory issues, orthostatic intolerance such as dizziness, weakness, fainting when upright, and much more. The rate was a staggering 22%. <>stream Do I Need a CPAP Machine to be Service-Connected? I tried going it alone and the insurance carrier pushed me around. * How do I appeal the VAs denial of my Sleep Apnea? ZB{hp!=Uds~$?4Af%E)L:va4Hc_?qaH }q?OFI>4 7Q3 Sleep apnea can be your link or nexus for filing claims for: Sleep apnea is a high-value claim in the VA world of ratings. 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. 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. Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim (FDC)so you can increase your rating faster! Youll need to make the call on direct service connection versus secondary service connection. without his BI-PAP MACHINE,one up from CPAP,which i have. This is what is called the Nexus. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Battle of DUAL-EXPERTS Chris, you called it!!! And then in three months, I got a response back, and it was a favorable response, and that just, that just blew me away. 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. 2017-05-30T18:09:36-04:00 Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. She has always had a passion for helping others and found inspiration from those she cared for. Since there is no cure for CFS the treatment focuses on relief of the symptoms. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Excessive daytime sleepiness is the most noticeable signal for those who live alone. Here, nexus is the connection between your service and the current diagnosis of sleep apnea. Either way, Veterans have an uphill fight to get their sleep apnea service-connected. VADisability Benefits for Chronic Fatigue, Fatigue not relieved by sleep or bed rest which was not always present throughout life. The same can be said about service-connected mental health conditions. Im 50% connected with PTSD and currently have an appeal in for 100% on PTSD. While we still have our home base in Florida, 38 0 obj <> endobj It is common to have a range of motion (ROM) exercises, stretching a few minutes each day and steadily increase to build a tolerance. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above.
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