4 Things You Need to Know about VA Sleep Apnea Disability Claims



hi my name is Chris addict with the Veterans Law blog and if you're watching today's video then I bet you have a lot of questions about getting your VA sleep apnea disability claim granted listen veterans ask me more questions about sleep apnea than almost any other medical condition or type of VA claim in the entire VA benefits system veterans ask me all the time they say can I service Connect sleep apnea without a sleep study and service what if I wasn't diagnosed until years after service can I serve as connected back or can Agent Orange cause sleep apnea or more specifically exposure to Agent Orange what about post-traumatic stress disorder how do I appeal the VA s denial of my sleep apnea I get so many questions that a couple of years ago I began to do a lot of research into sleep apnea first of all to find out what's going on with sleep apnea and why it's having such a big impact in the veterans community and then second of all I did a lot of research to figure out how best to service connect sleep apnea and your VA claims and appeals and in doing all that research here's four lessons that I wanted to pass on to you if you can really learn and understand these lessons you're going to have some real power to really improve and service connect sleep apnea in your VA claims and appeals and that goes not only for the veterans watching this video but also to the advocates the VSOs and the attorneys that are watching this video and this first lesson is mostly for that frankly if you've been diagnosed with sleep apnea you've already learned this lesson the number one lesson is that sleep apnea is a killer there's three things that the human body can't live without or frankly function without blood and oxygen food and water and sleep you can lose a kidney and live a full and complete life you can lose both arms of both legs and still survive but if your body cannot get sleep you will not live in fact sleep deprivation is a common form of torture as many of us know all too well that's ultimately what sleep apnea does while you're sleeping it cuts off your ability to breathe it cuts off oxygen flow to the brain in the blood and other body systems begin to break down some quickly some slowly if you're lucky you start breathing again during an apnea event but even when you are lucky and start breathing again you've done some serious damage we're started to do some serious damage to your heart to your brain your nervous system your lymphatic system and so much more not a lot of VSOs or veterans advocates really get this when helping a veteran file at VA claim a lot of veterans advocates and a lot of VSOs don't think of sleep apnea as a disease of the obese they think that it's all about the size of your neck if you read the BVA decisions out there almost all of them talk about sleep apnea and neck girth what's up with that I don't know but it's about 40 years old in terms of medical knowledge bottom line most advocates most VSOs are still telling veterans one of the big fairy tales about VA claims and particularly about the a sleep apnea claims listen number two sleep apnea is affecting a lot of veterans okay if you have been diagnosed with sleep apnea and you served in the military you are not alone in fact in the nine months that I spent research in my sleep apnea Field Manual I learned that there are over 39 medical conditions over three dozen that are common among veterans that can cause or aggravate sleep apnea 39 medical conditions that's a lot here's just a few damage to the brain from a TBI or a traumatic brain injury heart conditions post-traumatic stress disorder or PTSD nervous conditions rhinitis diabetes Parkinson's Lou Gehrig's disease ALS or frankly any other motor neuron disorder let me tell you a couple of stories about how sleep apnea has affected some of my clients Dandi is one of my clients he actually asked me not to use his real name he served mostly during the Cold War he was in the best physical shape of his life in fact he was up and having weight left her while he was in the service up until the time that he damaged his knees in the military service and then he had to get a knee replacement he actually got his knees replaced at a military hospital after the knee replacement he could no longer lift weights and the sudden weight gain that he experienced as a result of not being able to do the thing that his had stabilized his body's condition for so many years resulted in and caused in fact obstructive sleep apnea not an uncommon story although many of us are not weight lifters a lot of the injuries that we had in the military caused us to have a condition that later led to sleep apnea and a lot of times it has to do with that lack of exercise again more clients several served in Desert Storm Desert Shield oh I fo EF and many of those clients have had what we now call TBI or traumatic brain injuries it's some sort of a jolt or damage to the what we used to call in the Army the brain housing group but in fact it's actually damage to the membrane the thin membrane that surrounds your brand in some cases it's traumatic damage to the brain itself but in any event the TBI frequently if not always interferes with how a nervous system the body's nervous system works and as a result some veterans have a very different kind of sleep apnea known as central sleep apnea oversimplify this is where the brains signals to the diaphragm muscles to start the breathing process they don't really make it through to the muscles for some reason that communication from the brain down to the diaphragm was interrupting my firm also represents a lot of Vietnam veterans who are exposed to Agent Orange almost all of these folks are experiencing a perfect storm of sleep apnea problems they have breathing disorders they've got mental health conditions they've got heart conditions and diabetes and all of these are creating an epidemic of sleep apnea and our Vietnam and Vietnam era of veterans but more than causing other conditions sleep apnea itself can be the result of other medical disorders or medical conditions so keep that in mind as well not only is it caused by others but it can in and of itself cause other medical conditions the third lesson the VA and the BVA are really struggling to service Connect sleep apnea claims frankly I believe that it's because the VA doesn't take sleep apnea seriously I think that far too many raters and far too many droves and far too many BVH I just think of sleep apnea is quote made-up medicine you know perhaps they'll have to spend a night with somebody that suffers from OSA you're the suffocating snoring experience the fear that the person will stop breathing altogether before they continue or before they start taking seriously these claims for sleep apnea perhaps when they realize that sleep apnea is going to be as big an issue for our current generation of veterans as Agent Orange related conditions are to Vietnam veterans then they'll take it seriously but either way veterans have an uphill fight to get their sleep apnoea service-connected here's a shocking statistic between April of 2013 in April of 2014 the board of veterans appeals the first level of the administrative appeal process denied 76 percent of veterans sleep apnea Appeals that's three out of four three out of every four of you that suffer from sleep apnea that's related to your military service are going to see your claim or appeal deny unless you learn how to take back the power into your claim improve your sleep apnea claim the right way the first time so lesson number four more veterans should be able to service connect sleep apnea and all the time that I spent researching veterans and sleep apnea and the implications between the two I talked to doctors I talked to sleep map sleep apnea experts I talked to pulmonologists and cardiologists I read hundreds hundreds of board appeal decisions and court cases I talked to hundreds of veterans and studied dozens of see files to see where they went wrong and their VA sleep apnoea claims I learned that to win your va sleep apnea claim repeal you are going to have to put your sleep apnea claim together the right way the first time and this is where the veterans Law Blog comes in on the blog I can teach you how to do that I can teach you in my sleep apnea Field Manual several things I could start with teaching you how to prove your sleep apnea claim for any of the three types of sleep apnea that you have I can teach you the easiest ways to prove sleep apnea and I can show you what evidence to use and which paths to service connection you might want to consider in your VA sleep apnea claim I can show you where to get lay evidence that will get very real power to your sleep apnea claim and I can teach you how to prove that your sleep apnea is service-connected without ever having had a sleep apnea study in the military I can teach you the importance of a medical expert opinion in your sleep apnea claim fact in many cases a medical expert report or opinion is going to be crucial to your success and I can teach you the specific evidence that you will need to prove another medical condition caused your sleep apnea I'll talk to you about how the VA will rate your sleep apnea condition after granting service connection as well so how can you learn all these things the first way is check out the veterans law Block WWI veterans law blog or there's over a thousand posts on the veteran's law blog with detailed in-depth information to help you improve your va claim or appeal not to sleep apnea but almost every topic in VA law I can't put everything into one post so I wrote the blog and we've got over seven to eight years worth of posts I started doing this in 2007 and over a thousand posts of information that are available on the blog number two I want you to sign up to get the veterans law blog email and I'll start sending you a sampling of those thousands of posts I'll start out by teaching you my eight steps to improving your VA disability claim and you'll also start getting emails with links to posts that contain tons of free tips and pointers on how to file prove develop and appeal your VA claims from an attorney accredited by the VA it's helped thousands of veterans get out of the VA hamsterwheel over the past seven to eight years the third thing I wanted to do is I want you to check out and compare my veterans law view manuals and training videos these books and videos have helped countless veterans to get out and in some cases just to stay out of the VA hamsterwheel and lastly I want you to take a look at the sleep apnoea Field Manual using the links that are coming up on the screen now you can buy the individual manual as an e-book or you can purchase it as part of a package of e-books that will all work together to help you learn how to improve your whole VA claim or appeal none of those books not this video not the blog the books the videos none of that stuff is a substitute for good legal advice from an accredited VA attorney so if you get in over your head talk to an accredited VA attorney but these books these videos the bloggers are meant to be educational in nature to start educating you about the things that I see a lot more frequently in the VA claims process than you do and to start educating you about how you can improve your own va sleep apnea disability claims and thanks for spending some time with me looking forward to seeing you next time on the veterans law blog feel free to shoot me a lot if you have any questions about any of you things they're issues that you're seeing in your cases or in your VA claims or appeals until then take care

Author Since: Mar 11, 2019

  1. I'm a veteran with 100% disability PTSD.
    I was just diagnosed with sleep apnea can I increase my disability claim more than 100%?

  2. I just had my sleep apnea test, they knew it was for for the VA, and these people put me in a room on a bed that's sunk way down in the middle, had my head a full foot higher than my hips and 6 to 8 inches higher than my abdomen. That's how you stop sleep apnea, by raising the head. So I'm requesting that they do it over again because, in essence, that is a falsified test. They know exactly what they're doing and doing it for many many years, since 1992. Family-owned business, they knew exactly what they were doing to make it show up as no sleep apnea. When my wife, can't sleep because of my not being able to breathe in the middle of the night, so you all have to do it again. This reminds me of the 3 falsified hearing tests the VA did on my where they purposely lied, and the one test that went through they made that test "disappear" from my records. Like, my VA chiropractor, put notes in about my back causing me to be disabled (scoliosis, herniated disks, and having four vertebrae in my lumbar section instead of five, all of it causing me intense pain since my time in the military.) The VA deleted everything out of my files and it, and deleted anything in ANY file that could be used to aid my claim. Never trust the VA. When I realized they were doing that, I started getting copies of my progress notes the same day i saw my doctor's, then MONTH later i would go get the "cleaned" version. Then I was told I had to start paying for records. I reported it to the VAOIG who, instead if investigating it, sent my complaint directly to that director. Who, she made the comment in front of my acquaintance who worked in her office that she was "Out to get me." Then I was told I was not allowed to receive care at that VA facility anymore, but there was one more appointment where they tried to stop my heart. So I did quit for fear of being killed by that VA, then I went to another VA. Where… the worst they've done here is clean records and falsify tests.

  3. Thank for the information.I got that problems. My machine is gradually at 9. I wanted to know is serious problem. Thanks for your service God bless America.

  4. Very GOOD info. I got tested for sleep 😴 apnea years ago by DOD horse doctors who weren't even sure how to do the test properly, showed no sleep apnea. Now I have sleep apnea so bad I'm getting all f$&ked up.

  5. I Almost Died Of Suicide Where PARAMEDICS INTUBATED ME & Spent Days in The ICU But VA Claims I was Just Overly Dramatic. Once You Start Drooling & Can Not Fully Function That’s When VA Grant You Your 💯 Service Connected Disability. But Wait There’s A Catch. Once You’re ON a Wheelchair or Better Yet in a Lifebed That’s When VA Grant You P&T . I’m NOT here To Disappoint My Fellow Veterans. But That’s A Sad Story Folks

  6. Hope you see this.. Can an outside diagnosis from a private sleep clinic work for your claim or do you have to use the VA sleep centers..

  7. I am currently at 60 percent for chronic fatigue and migraines while I served overseas. 2 months ago I was told I have sleep apnea and have to use a CPAP machine. Created a claim today with the VA for my sleep apnea. Not sure what to expect

  8. I resented it CPAP and couldn’t slumber with it on. I tried many other methods, even yoga exercise! Until my buddy informed me the very good effects of this sleep apnea remedy “amam fetching site” (Google it). I have 8 kinds of exercise that I’m doing everyday. I was directed to do these four times every day, and in the initial week I observed a difference. .

  9. Making money off desperate vets is just plain wrong. On top of that he gets money from YouTube. Nonetheless I do wacht your free videos.

  10. I have 60% with coranary artery disease. should I refile a claim, i have been diagnosed and have my machine from VA should I file and maybe raise mh heart percentage??

  11. Ggh dip u dy vgg a.p so df ft sl si di du df fgg ggyey er 633yeyryryry3uryefsgst÷teyedhdye77gdgdgdgggegrggrgr3teg3gegggeegeteettettytttttttytyttytyyy yu ytyyyyyyytyyyyyyyyghe6g er gy 4y4

  12. I have sleep apnea.. VA agrees. Went through 9 months w a sleep specialist doctor at the VA. Had the overnight stay. Stopped breathing 3 times during the night . Was told everything is ok and "since u were not using a CPAP, u aren't granted any disability for SA

  13. Good evening Chris,Do you have any information about the Camp Lejeune water contamination?  Thank you for all you do for us. Have a bless day.Thaddeus C. Lockhart Sr.

  14. I bought this e book and others that this guy is selling. They are awesome!!! I can’t imagine putting in a claim with out using it guidelines and techniques. I give this book the highest rating.

  15. Thank you so very much for the information regarding sleep apnea. Been suffering since 1969 with this problem. Will file a claim today.

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