If you can get a Nexus letter from a physician, however, it may still be worth submitting a claim. The 6 different percentage ratings in terms of severity (from lowest to highest): ... Those that … What Benefits and Services Are Available for Veterans with PTSD? This site uses cookies to ensure that we give you the best experience on our website. Evidence of a service-connected primary disability (such as PTSD, depression, anxiety, sinusitis, rhinitis, weight gain), … Consulting for VA Disability Claims ⏩10:26 Do *NOT EVER* File a False VA Claim ⏩13:49 GERD is a Common Secondary VA Disability Claim ⏩14:33 VA Claims for Acid Reflux Disease ⏩17:04 GERD 60 Percent VA Rating ⏩17:27 30 Percent VA Rating for GERD ⏩17:39 GERD 10 Percent VA Rating ⏩17:47 C&P Exam for GERD ⏩18:28 GERD / Acid Reflux Disease Secondary VA … Specifically, if a veteran is already service-connected for sleep apnea and later developed depression, they could argue that their depression developed as a result. A Nexus Letter for Sleep Apnea is an evidence-based document prepared by a medical professional that helps to establish a “connection” between the veteran’s current disability and either their military service or another disability condition for secondary service connection. Entitlement to a total disability rating for compensation purposes based upon individual unemployability (TDIU) is remanded. If you have to use a CPAP machine to manage your sleep apnea, you will receive a rating of 50 percent. The increase in severity of a Non-Service Connected (NSC) disability that is attributable to aggravation by an SC disability, and not to the natural progression of the NSC disability. This information is not a substitute for legal advice. Sleep Apnea Secondary To Anxiety Va. ... MA, USA. If you’re stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! The VA’s current rule allows veterans to use obesity, not as its own disability, but … (2) What you witnessed or are witnessing regarding the Veteran’s sleep apnea claim (e.g., did you hear the Veteran snore loudly and/or stop breathing? Do You Have Disability Insurance Coverage? There are three components to proving Direct Service Connection: All pertinent or relevant medical and lay evidence must be considered, including the service records (which may show the places, types, and circumstances of service and the official history of the organization in which the Veteran served). How Do I Calculate VA Disability Compensation & Benefits? The most likely cause is weight gain / obesity, which occurred after they left the military. ... Anxiety and hypertension; Sleep apnea secondary to GERD, Asthma, Sinusitis, or Allergic rhinitis. If a medical authority agrees with that assessment, you might persuade the VA to add insomnia to your record and seek additional compensation. A quick note: According to medical research, the most common cause of Obstructive Sleep Apnea (OSA) is WEIGHT GAIN / OBESITY. As a result, managing the requirements of a normal routine becomes increasingly more challenging. Similarly, sleep apnea may cause inflammation in the body and affect neurotransmitter activity, which could then contribute to symptoms of depression. In cases of secondary service connection, the nexus between a veteran’s primary service-connected disability and their depression must be clearly established. VSRs and RVSRs are super busy people, so you want to give them the exact information they need, at the moment they need it, to help support a Veterans VA disability claim for Sleep Apnea. If accepted into our ELITE membership program, you’ll 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. It’s called the Most Likely Cause (MLC) Technique for your VA Sleep Apnea claim, and it works like magic. The VA rates anxiety disorders based on severity and level of impairment. Click HERE to read now. If accepted into our ELITE … I have started my counseling with VA social workers and psych doctors from the VA. Therefore, to establish secondary service connection for depression, veterans must demonstrate the following: Here, it may be beneficial to have a doctor submit a letter stating that there is a causal relationship between your sleep apnea and your depression. In our experience, it comes down to 3 factors: But don’t worry – there are some simple strategies you can employ to overcome these 3 factors, even if the VA has already denied your VA claim for Sleep Apnea. Make an appointment with your primary doctor. Due to my tinnitus being very bad, I was awarded a 70% rating from the VA for anxiety and depression secondary to my tinnitus due to it keeping me from sleeping. A great VA buddy letter is short, simple, and factual to the best of the knowledge and belief of the writer. Hypertension. The second way is to ask your private doctor for a referral to a sleep specialist in your area (this is a good option if you have private health insurance). The Veteran has a BMI above 30.”. I just won my claim for depression and anxiety secondary to sleep apnea. Figure 22Hypothetical model of the relationship between obstructive sleep apnea and depression. Free Consultation (888) 883-2483. Substance abuse. Top 5 Doctors Who Write Nexus Letters for Sleep Apnea. Copyright © 2021 Chisholm Chisholm & Kilpatrick LTD.All Rights Reserved. In may of 2009, va sent me for a sleep study, the sleep study doc stated in his report that I had sleep apnea caused by depression. Either you have enough medical evidence, or you don’t. Because a Buddy Statement constitutes “lay evidence” under the law, which simply means “after the fact” evidence written by a competent lay person (not an expert) 18 years of age or older who does NOT have any specialized education, training, or experience. Obstructive sleep apnea (OSA) is a sleep disorder in which a person’s breathing is consistently interrupted throughout the night with a brief pause … The Rating Veteran Service Representative (RVSR) at the VA MUST consider a buddy letter because it’s considered a secondary source of evidence in support of your VA disability claim. Related Article – Does Sleep Apnea Qualify as a VA Disability? Furthermore, you can submit lay evidence outlining the overlapping onset and progression of your sleep apnea and depression symptomatology. You may also be interested in the following Blog posts about Sleep Apnea VA Claims: To begin, we must get inside the VA claim process to understand “WHY” the VA keeps denying your claim for Sleep Apnea. Disabilities that are proximately due to, or the result of, an SC condition, or. The final part of Step #3 is to conduct some Google Searches of medical research and BVA case law decisions for your VA Sleep Apnea claim. Share this page via Email. This is accomplished by affirmatively showing inception during service. If you have chronic daytime sleepiness due to your sleep apnea, the VA will give you a base rating of 30 percent. Veterans deserve compensation due to secondary conditions. Sleep Apnea is a very complex medical issue that impacts many military veterans. If this is your only rated condition, you will not receive any monthly compensation from the VA. Fill out, securely sign, print or email your va compensation sleep apnea form … Replies 9; Created 5 yr; Last Reply 5 … The MLC Technique relies on you to map-out the most likely causation factors of your Sleep Apnea in a simple, 6-step process. If you’d like to save some time and effort in your research, you can download my FREE eBook, which includes medical research studies and BVA cases for Sleep Apnea: You’ll learn 3 critical things about service connection for Sleep Apnea: >> Click HERE to download “The Insider’s Guide to VA Sleep Apnea Claims!”. Generally speaking, the most common symptoms include: loud snoring, gasping for air during sleep, awakening with a dry mouth, morning headache, insomnia, hypersomnolence (i.e. The second part can be satisfied with a Veteran’s existing service-connected disability rated at 0 percent or higher. Depression is a major cause of unemployability in the U.S., making VA disability compensation for depression extremely important. If you did have a Sleep Study on active duty, and you have a diagnosis in your Service Treatment Records, make sure to annotate this in your Lay Statement for Sleep Apnea. Anxiety and depression can make sleep apnea worse, but there is no solid evidence that they cause sleep apnea. ... you should attempt to service connect your Sleep Apnea VA claim SECONDARY to another service-connected disability. Consequently, entitlement to service connection for sleep apnea is granted as secondary to the service-connected depressive disorder and bilateral knee tibial plateau stress fracture. November 18, 2018 by BNG. ), and (4) Sign and date your name to the best of your knowledge and belief. An in-service event, injury, or illness; and, A nexus (i.e. 1,586 1. Click “Go Elite Now” below to get started today and a member of our team will be in touch within minutes. We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you. So, strap-in, and let’s start our journey to learn how to service connect your VA Sleep Apnea claim. Dr Richard Lipton, from the Albert Einstein College of Medicine, said: "It seems logical migraine patients would be depressed because of their pain. Patients with sleep apnea suffer a lack of oxygen, which may cause changes to the brain resulting in depression. It’s crucial to review your Sleep Study results in detail, specifically, to confirm whether you have a medical diagnosis of Sleep Apnea. In August 2009, a VA examiner opined that sleep apnea was not caused by or a result of service, noting that service treatment records (STRs) did not show that sleep apnea symptoms were reported in service. While trying to prove service connection for Sleep Apnea might seem as elusive as a four-leaf clover, in today’s post, I’m sharing an expert level technique that can help you get your VA sleep apnea service connected, regardless of past denials. If you suffer from a secondary condition and think that the VA may be giving you less compensation than you deserve, request a review of the VA’s decision regarding your claim. The first way is to discuss your sleep issues with your VA primary care doctor and ask for a referral to a sleep specialist at the VA. Service connection on a secondary basis requires a showing of causation. As a fellow disabled Veteran this is shameful and I’m on a mission to change it. The VA also offers benefits for sleep disorders like obstructive sleep apnea and hypersomnolence, which can include narcolepsy and insufficient sleep syndrome. Specifically, people who suffer from sleep apnea are 21-39 percent more likely to have depression than those who do not have sleep apnea. There are 3 primary ways for Veterans to get a Sleep Study: Once you’ve finished your Sleep Study, it’s important to review your results with a sleep specialist. If you think you may suffer from OSA, there are some signs and symptoms of this condition, including: When breathing is interrupted consistently throughout the night, the lack of oxygen in your body can have negative, long-term consequences. It’s FREE to get started, and you’ll hear from one of our Veteran Coaches (VC) within minutes of signing up for VA Claims Insider ELITE. However, the VA rating system is supposed to be “non-adversarial” and NOT based on “medical certainty.”. Copyright © 2021 VA Claims Insider, LLC. Secondary conditions are often harder for the VA to assess, diagnose, and measure than disabilities that are directly connected to a Veteran’s military service. VA Disability Benefits for Respiratory Conditions, How to Increase Your VA Disability Rating, Obesity and VA Disability Compensation – Video, Episode 48: Secondary Conditions to Tinnitus for VA Disability Benefits, Episode 31: VA Disability Benefits & Diabetes, Episode 22: VA Benefits for Spouses of Disabled Veterans, Obstructive Sleep Apnea – the most common form of sleep apnea; occurs when the throat muscles intermittently relax and block your airway during sleep, Central Sleep Apnea – occurs when your brain doesn’t send proper signals to the muscles that control breathing, Complex (Mixed) Sleep Apnea Syndrome – occurs when someone has both obstructive sleep apnea and central sleep apnea, Persistent feelings of sadness, worthlessness, and hopelessness, Lack of motivation or interest in activities that usually derive pleasure, Change in appetite resulting in weight loss or weight gain. Top 3 Reasons Why VA Claims for Sleep Apnea Get Denied, How to Prove Service Connection for Sleep Apnea: The 6-Step Most Likely Cause (MLC) Technique, Step #1: Get a NEW Sleep Study (within the past 12 months), Step #2: Confirm a medical diagnosis of Sleep Apnea with a sleep specialist, Step #3: Conduct a Sleep Apnea “Gap Analysis” to include medical research and case law precedent, Step #4: Determine Direct Service Connection vs. How to File a Claim on VA.gov (step-by-step)! § 3.102, 3.310. There is a well-known correlation between mental illnesses and obstructive sleep apnea (OSA). This information is made available for educational purposes only and to provide general information and a general understanding of the law. 38 U.S.C. How Many Options Are There to Appeal a Disability Claims Decision in RAMP? Ankle, Knee, Shin splints, hip and lower back issues service connected secondary to flat feet or collapsed arches. In this step, you’ll want to conduct a gap analysis of your VA Sleep Apnea disability, to include the approximate timeframe (month and year) that your symptoms began. I am a newby.Making claim for Apnea secondary to depression, claiming weight gain as result of depression meds as well as effects of sleep meds. excessive daytime sleepiness), and difficulty concentrating. Getting Veterans (VA) Disability for Toxic Water at Camp Lejeune. In our experience, a well-crafted Nexus Letter for Sleep Apnea is the single most crucial document a veteran can provide the VA Rater to help prove service connection on an “at least as likely as not” basis. Who Is Eligible for VA Service-Connected Disability Compensation? Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Midniteoyl. For example, if you suffer from depression, there’s a good chance that your depression has led to insomnia. Thousands of other Veterans in our Community are here for you. A Sleep Study is THE ONLY WAY to confirm whether you meet the clinical diagnostic criteria for Sleep Apnea. Major injuries and surgery associated with chronic pain are also known to cause insomnia. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. By continuing to browse the site you are consenting to their use. I am 70% PTSD. Estimate your 2021 VA Rating & Compensation for FREE! The third part can be satisfied with a VA Nexus Letter from a qualified medical professional. A VA Buddy Letter is simply a credible Statement in Support of a Claim, written by a competent individual 18 years of age or older, who has direct, first-hand knowledge of an event or injury, and offers an account of what they witnessed or are witnessing in support of a veterans VA disability claim. ... • Anxiety • Depression ... Veterans who are who are obese tend to have a higher likelihood of developing sleep apnea. Secondary Mental Health Claims. What should you include in a Buddy Letter for Sleep Apnea? These lay statements can be from a fellow service member, spouse, friend, pastor, co-worker, boss, adult child, or any other competent and credible adult witness. Insomnia. This website adheres to the W3C’s AA Accessibility guidelines. Direct Service Connection (SC) means that a particular disease or injury was incurred in service. So now I’ve probably got you wondering: “Brian, why are nexus letters so effective at proving service connection under the law?”. Click HERE to read now. Secondary Service Connection for Sleep Apnea, Secondary Service Connection Requirements, Sleep Apnea Secondary Claims (New Tips in 2021). PTSD. Depression is a serious mental health condition that affects the way a person thinks, feels, and acts. The difficulty with daily life can lead to the onset of depression. If you think your sleep apnea is secondary to your PTSD see our previous post “Sleep Apnea Secondary to PTSD”. His frustration with the 8-step VA disability claims process led him to create “VA Claims Insider,” which provides U.S. military veterans with tips, strategies, and lessons learned to win their VA disability compensation claim in less time. 30% VA Rating Criteria for ANXIETY: Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, … Service connections for PTSD (as well as questions about conditions that may be secondary to PTSD or other psychological issues like sleep apnea, migraines, GERD, hypertension, etc.) Many veterans with sleep apnea develop depression. Delete In our experience, if you did NOT have a Sleep Study while on active duty and you did NOT get a medical diagnosis of Sleep Apnea in the military, you should attempt to service connect your Sleep Apnea VA claim SECONDARY to another service-connected disability. Step #6: Get at least one VA Buddy Letter for Sleep Apnea, WATCH: VA Sleep Apnea Secondary Claim SECRETS. You're not alone. VA Disability Rates for Conditions in 2021 – The Definitive Guide (Plus 5 NEW Tips), Joe Moynihan – Elite Member Success Story, 25+ Best 100 Percent Disabled Veteran Benefits: The Ultimate Guide (2021). How to Get a 100 Percent VA Rating (if deserved)! ), (3) the Veterans’ current symptoms of Sleep Apnea and how the condition affects him/her daily (e.g., are they tired all-the-time and does he/she require the daily use of a CPAP machine? This will open your email client. Even if you’ve had a Sleep Study before, we recommend having a current one on-file, which will confirm a medical diagnosis and current symptoms, especially if they’ve become more severe over time. >> CLICK HERE NOW << to complete our 3-step intake process, speak with a Veteran Coach (VC) to get a personalized VA claim strategy, and possibly get the VA rating you deserve in less time. Contacting us does not create an attorney-client relationship. In 3-4 paragraphs, you should explain (1) Your name, information, and how you know the veteran. To establish direct service connection, a veteran must demonstrate three things: Both sleep apnea and depression may be granted service connection if VA decides that the above-mentioned elements are met. If you have sleep apnea and any of the following conditions there may be a link between your service-connected condition and the other condition. Secondary Service Connection (SC) may be awarded to a claimant for the following under the provisions of 38 CFR 3.310(a) and 38 CFR 3.310(b): Secondary Service Connection requires a “showing of causation.”. By far, the most common Sleep Apnea syndrome in Veterans is called Obstructive Sleep Apnea (OSA). Post-9/11 Veterans Report Higher Disability Ratings Than Prior Generations, VA Disability Ratings for Lumbosacral Strain, Type 2 Diabetes and VA Disability Compensation. So, now you might be wondering, how do Veterans get a Sleep Study? Obtaining Benefits: How the VA Rates Secondary Depression for Veterans With OSA. According to a study from the International Journal of Otolaryngology entitled: “The Correlation of the Tinnitus Handicap Inventory with Depression and Anxiety in Veterans with Tinnitus” (Volume 2015, Article ID 689375), 70% of Tinnitus patients may present psychiatric comorbidities. Remember that the burden of proof in all VA disability compensation claims rests with the claimant – YOU as the Veteran. Do You Qualify for Long Term Disability Benefits? Why Hire CCK for Your VA Disability Appeal? over and above the effects of PTSD and depression (Betts, Williams, Najman, & Alati, 2013). Va Rating For Depression Secondary To Migraines Faced with more academically qualified applicants than places in the freshman class. Finally, studies ... suffers from obstructive sleep apnea (OSA), a sleep-related breathing disorder, more often than the general population (Jaoude, Vermont, ... improving sleep (VA Office of Research and Development, 2016). All Rights Reserved. A showing of causation requires that the secondary disability be shown to be “proximately due to” or “proximately aggravated by” another service-connected disability. Brian is also the CEO of Military Disability Made Easy, which is the world’s largest free searchable database for all things related to DoD disability and VA disability, and has served more than 6,000,000 military members and veterans since its founding in 2013. He is a former active duty Air Force officer with extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 in support of Operation ENDURING FREEDOM. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. § 5107; 38 C.F.R. [] ... entitlement to service connection for sleep apnea as secondary to PTSD because it failed to address a … If you have chronic respiratory failure or have to have a … It’s FREE to get started, so click “Go Elite Now” below to complete our 3-step intake process. Symptoms of depression tend to vary amongst individuals; however, common symptoms include the following: Current research supports the link between sleep apnea and depression. Secondary conditions due to PTSD may include: Conditions of depression. Entitlement to service connection for sleep apnea, to include as secondary to the service-connected major depressive disorder (MDD) [DENIED] Citation Nr: 18131241 – VAClaims.org ~ A Non-Profit Non Governmental Agency. The Veteran seeks entitlement to higher staged initial ratings for depression, entitlement to SMC by reason of being housebound, and entitlement to a TDIU. Anxiety. link) between the diagnosed condition and the in-service event, Medical evidence showing the relationship between their service-connected disability and their depression. Conditions of depression. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. ... Sleep disorder, unspecified. An additional consideration is obstructive sleep apnea (OSA), which has been found to be more common among individuals with PTSD than the general population (18). CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK successfully argues for a precedential decision about protected work environment. In Step #5, you’ll want to get a Nexus Letter for Sleep Apnea from a credible independent medical professional. Anxiety. If you have any of these signs and symptoms, you should consider doing a Sleep Study, which is also known as a Polysomnography. Service connections for depression, anxiety and other psychological issues due to your military service Has the Department of Veterans Affairs (VA) denied your benefits claim based on a diagnosis of sleep apnea? As I’ve explained before, the trouble with the C&P exam system is that medical providers are used to applying “medical certainty” principles to evaluate probability. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Headaches or migranes. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Insomnia. Posted on November 18, 2018. Sleep apnea causes fatigue, exhaustion, and hypersomnolence. Skip Navigation. VA Disability Ratings for Tinnitus. In Step #4, you’ll want to make the call on Direct Service Connection versus Secondary Service Connection. However, veterans may also be eligible for VA disability benefits for depression on a secondary basis. Continuous symptoms or a medical nexus opinion. The Polysomnography study records your brain waves, the oxygen level in your blood, heart rate and breathing, and eye and leg movements, among others. GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals In our experience, however, most Veterans didn’t do a Sleep Study during the military, which is critical to note prior to moving onto Step #4. Because of this, it will be difficult, if not impossible, to claim sleep apnea as secondary to anxiety and depression. At VA Claims Insider, we can help you win, service connect, and get the highest rating possible for your Sleep Apnea disability claim. For the legal principles of direct service connection, see 38 CFR 3.303. Sleep Apnea. Sleep Apnea and Depression Secondary VA Disability Benefits. In our experience, many C&P examiners and VA Raters don’t even know the legal standards of proof in a VA claim and they get this wrong ALL THE TIME—and it’s shameful. Step #5: Obtain a Nexus Letter for Sleep Apnea. Sleep apnea can cause secondary disabilties to arise. ... depression, anxiety, or mTBI [Mild Traumatic Brain Injury]. A Nexus Letter is often the missing link, aka, the “essential” piece of evidence needed to help a veteran get his/her VA sleep apnea service connected. When veterans are able to get a secondary condition service related it can add to monthly VA benefits, and adds to a combined total rating. Sleep Apnea. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. ... Anxiety disorders are categorized along with the same rating system as other types of mental illness like depression and PTSD. When this happens, a Veteran is entitled to compensation for conditions secondary to sleep apnea. Simply put, it’s because VA disability claims are won or lost based on medical evidence. Sleep apnea is a potentially serious sleep disorder in which a person’s breathing is repeatedly interrupted during the course of the night and has a relationship to depression. BUT, did you know Obesity can be used as an “Intermediate Step” to service connect Sleep Apnea as a secondary claim? Because weight gain / obesit is the #1 most common reason why the VA denies Sleep Apnea claims. The C&P examiner’s will write some ridiculous denial such as, “It’s ‘less likely than not’ that the Veteran’s Sleep Apnea is due to their military service. Some other common symptoms of Sleep Apnea include: Trouble staying asleep at night (waking up often), episodes where you stop breathing (ask your partner), daytime sleepiness (hypersomnia), morning headaches, dry mouth, difficulty concentrating, and anger (irritability). Yep, it really is the single, most powerful way to prove service connection. Patients with OSA may also suffer from: The most common condition that sleep apnea is connected to is PTSD. Truth bomb: Just because you snore doesn’t mean you have Sleep Apnea. Disclaimer: This information is not legal advice. The third, and easiest way, is to order a, A current disability (medical diagnosis in medical records), An event, injury, or disease in service, and, A link or nexus establishing that the current disability had its onset or inception in service, which may be established by evidence of. If you’re wondering “How to Get a Nexus Letter for Sleep Apnea,” we’ve made a list of the Top 5 Doctors Who Write Nexus Letters for Sleep Apnea. It’s kind of like the “choose your own adventure” books you may have read as a kid. Remember that the “at least as likely as not” standard required under VA law means that a claimant must only persuade a decision-maker that the Veteran’s Sleep Apnea is 50/50 due to military service or another disability condition rated at 0% or higher for secondary service connection. Brian is a Distinguished Graduate of Management from the United States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State University’s Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class).
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