How to Win Your Sleep Apnea Claim

How to Win Your Sleep Apnea Claim - VA Made Easy

Рет қаралды 21,147

Күн бұрын

In this episode, you will learn about sleep apnea, how to link it to your service through either direct service connection or connecting it secondarily to an already existing condition.
If you're looking for more help, please schedule a consultation: calendly.com/vetlawoffice
You can also find more information about my practice at:
www.vetlawoffice.com
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00:00 Sleep apnea and the VA
00:59 Two types of sleep apnea
01:22 Obstructive sleep apnea
02:55 VA's duty to assist
03:12 How to connect sleep apnea to your service
04:02 Direct service connection
04:55 Establishing you had sleep apnea symptoms during active duty
05:41 Sleep apnea statements from your buddies
9:42 If examiner thinks you don’t have sleep apnea
12:13 How to link sleep apnea to an already service connected condition
16:26 If you get a bad exam
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VA Forms mentioned in this episode:
- To apply for VA benefits for a new condition use Form 20-526EZ: www.vba.va.gov/pubs/forms/vba...
-To provide new evidence via a statement after denial use Form 20-0995: www.vba.va.gov/pubs/forms/vba...
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Disclaimer: The material and information contained on these pages and on any pages linked from these pages are intended to provide only general information about the VA disability claims system. Every case is unique, and neither Edward M. Farmer nor VA Made Easy, LLC are providing legal advice for your specific VA case or legal matter. You should consult with a VA accredited attorney before relying upon any of the information presented here. The acts of making a comment or viewing information from VA Made Easy LLC’s KZfaq channel do not create an attorney-client relationship. Case results are not guaranteed nor am I able to predict the outcome of any claims.
#va #veteransaffairs #vaclaim #winningvaclaim

Пікірлер: 79

@frankdeangelo8680 11 ай бұрын

I have seen many VA Topic KZfaq Videos now, but I have to say that you have impressed me the most with no one else even a close second to you. You are a real "Straight Shooter". God Bless you Ed.

@VA_Ed 10 ай бұрын

Thank you. Much appreciated

@ixsmaelable 11 ай бұрын

I just submitted my claim secondary service connection to PTSD as the medication side effects and anxiety caused weight gain and obesity. Praying they grant it.

@VA_Ed 8 ай бұрын

Wish you luck. Always happy to talk to you if they deny it

@quyenvong5334 14 күн бұрын

Update us on the grant or deny please! I’d love to know what the outcome is.. I’m going to do the same thing.

@terrydemie Жыл бұрын

Really great information and presented well. Thank you for including the form numbers that are needed.

@BobJones-zw3ui Жыл бұрын

Love your non-equivocation and straight up approach👍💥🇺🇸 PHX AZ here, recently at 70%

@BobJones-zw3ui Жыл бұрын

Subscribed.

@marksday4936 11 ай бұрын

Thank you.

@mattinthehatofficial 2 ай бұрын

Thank you for phone call and giving me some direction. It was nice to meet you thank you for your videos 🤘🏻🎩🤘🏻

@VA_Ed 2 ай бұрын

Great talking to you. Let me know if you need additional help.

@carlhensley3823 10 ай бұрын

Thank you sir for the great info!!!

@VA_Ed 8 ай бұрын

You bet!

@biggdawg9542 Жыл бұрын

I was in the service back in the old days so it was not there then but I still had a neurologist state that I do have sleep apnea and I now had to do it as a secondary condition so now I'm hoping that I did it correctly

@TB-hy3sv 17 күн бұрын

Ed, great video. what if you have a high BMI in active duty, and sleep apnea later? Is that the link or a stretch?

@VA_Ed 15 күн бұрын

It's possible to win with the right medical nexus and evidence.

@jeffrey501green Жыл бұрын

Good video buddy, good explanation...

@williamd8886 Жыл бұрын

Very good video, I have been searching for this topic and how to sleep apnea can be associated with my current disability. I am TDIU so I am not interested in filing a supplemental. I am interested in my health and improving my quality of life with a sleep study. I just sent my V.A. Doctor a note that my Dentist felt I needed a sleep study based on his observations, not sure what he can see, however, I can use his written opinion. My roommate also has noted my loud snoring and I frequently wake up at 2 AM with a dry mouth and I have daytime sleepiness. Thank you for this informative video.

@davidja2234 Ай бұрын

If you are paid 100% by unemployability with a 90% service contracted disability s should you file a claim for Sleep Apnea? My initial diagnosis was done at the VA as requested by my primary care doctor. I had symptoms while on active duty but I didn’t know the cause so I never complained. After I started receiving regular medical care my VA doctor sent me to be tested. I have been on a CPAP machine since then. In 2023 I was tested again and it was determined that I stopped breathing during the night. The test was an overnight stay at the VA. I did not know I could file for disability. Is it wise to file a claim now. I am over seventy years of age.

@VA_Ed 27 күн бұрын

Not sure how it's going to help you if you already have 100%

@jn7420 9 ай бұрын

I'm a Vietnam Vet. A VA doctor dianosed me w/ sleep apnea, issued me a CPAP machine, but I did NOT do a sleep study!! I wonder how THAT adds up?? Will that work w/ my PTSD??

@VA_Ed 9 ай бұрын

Happy to talk with you. Please set up a free consultation. Calendly.com/vetlawoffice

@phototec 3 ай бұрын

I am also a Vietnam vet, last November I had a private over night sleep study done by a major Sleep Institute, the doctor determined I have Sleep Apnea and prescribed a CAP machine. Where you able to file a claim for Sleep Apnea with the VA?

@jimclark9991 Ай бұрын

If the value recognizes that you have sleep apnea and give you a cap machine should you qualify for compensation

@VA_Ed Ай бұрын

No. You still have to prove it's related to your service.

@BrianJamesPhotography 9 ай бұрын

What if I'm currently serving as an Air Force Reservist and have been diagnosed with sleep apnea by the VA? I have buddy statements from when I was on active duty as well.

@VA_Ed 8 ай бұрын

There are different rules for reservists. Happy to talk if you want to set up a consultation. www.vetlawoffice.com

@benk4881 2 ай бұрын

Got off AD in 76, most are either dead or I have no connection at all with them. I'm 72. I have 10% for Tinnutis and vertigo and have had a outside ENT do a home sleep test which came back that I have sleep apena, I forwarded that data to the VA for my intent to file for sleep apena. My chances are......?

@VA_Ed 2 ай бұрын

You might be able to link it to a secondary condition. Contact me if you need help. Www.vetlawoffice.com

@benk4881 2 ай бұрын

@@VA_Ed Thank you for the quick reply. I may just do that.....

@cidcampeador7922 2 ай бұрын

Does VA actually call the "buddies" who writes the statements in support of the veteran?

@VA_Ed 2 ай бұрын

No.

@praiseYAHalways 10 ай бұрын

What about an injury while in the Army that caused you to get cortisone shots for a year, which caused weight gain to the point that when I ETS'd The Army paid me 15K because of the weight gain? There are other injuries (feet, back, knees...etc) that are on record and that I have a rating for. My sleep apnea is in the severe range (over 70 episodes per hour) I did have my sleep study done at the VA but it was done a couple years after I got out. I didn't have time to do it while in because I had just home on a Red Cross message from Iraq because my son almost died (he ended up getting a double lung transplant) I spent my last year in the Army in the hospital with him or traveling to NC for visits setting up the transplant. Long story short- this started while in the Army (among other issues that I have rated) I'm just not sure how to connect some of these issues I now have, like sleep apnea, diabetes, etc. ANY advice would be greatly appreciated

@VA_Ed 10 ай бұрын

You can possibly use the weight gain as an intermediary step to service-connecting the sleep apnea. You can contact me at www.vetlawoffice.com for a free consultation

@shepatown 10 ай бұрын

I suspect there may be a lot of secondaries you can apply for and may find them by doing a search. One that I'm looking at is hypertension and some secondary conditions that come from hypertension.

@mingo7767 Жыл бұрын

Thank you. New subscriber here.

@VA_Ed 8 ай бұрын

Awesome! Thank you!

@denniswinslow5965 Жыл бұрын

My nose was broken during my enlistment. I one side has hardly any air flow.....would this be evidence?

@VA_Ed Жыл бұрын

It could be if the broken nose is causing the sleep apnea. You are going to need medical evidence to back it up. Happy to talk to you further. Calendly.com/vetlawoffice

@mysticwanderer4787 Жыл бұрын

Thank you for this presentation. I have submitted a PACT Act claim for chronic sinusitis and rhinitis both diagnosed by my doctor. Once that is adjudicated hopefully in my favor then I intend to put in a secondary claim for sleep apnea. My "buddy" is a nephew that remembers my sleeping habits as I kept the poor kid awake when we were sleeping in the same room while home on leave. Unfortunately, his dad has since passed away but he is currently an RN and hazardous material specialist with a large metropolitan fire department so hopefully I will get an evaluator that will take his word for it. I also have had a diagnosis and have used a CPAP machine for quite a while. To some that question sleep apnea claims for those exposed to burn pits and toxic fumes from oil well fires I can tell you coughing up blood and feeling if your sinuses are on fire is not fun. Not to mention many of us forced to use organic solvents and epoxy paint which destroy the lining of our respiratory system. I am one of those that waited quite a while to ask for compensation but as another nephew of mine who retired from the Air Force told me, "The government used you whenever it suited them for whatever purpose why should you feel guilty about getting what is long overdue to you?" Wise words. The best of luck to all of my comrades in arms seeking the compensation they deserve for their sacrifice and props to Ed Farmer for giving us this information.

@grenadespoon Жыл бұрын

I did the same thing and got rated for sinusitis and asthma. My sleep apnea got denied even though I included pages of medical studies linking the two.

@mysticwanderer4787 Жыл бұрын

@@grenadespoon From what I understand there is an internal memo that has been leaked that recommends that Sleep Apnea be removed from the list of VA covered disabilities so the case adjudicators have been instructed (off the record of course) to deny any claim that is not documented with a sleep study while still in the service. Hopefully, I can get the PACT Act claim adjudicated and get the Sleep Apnea claim in with enough time to get appeal it.

@chrisnez72 8 ай бұрын

I was awarded 50% for service connected sleep apnea. Thanks to Ed for providing such an informative video and channel!

@VA_Ed 8 ай бұрын

Excellent! Glad it helped!

@Happy_Harry Жыл бұрын

Push that shit all the way to the judge.

@jordanbreda7851 3 ай бұрын

I have 70% PTSD and filed secondary for Sleep Apnea. So I guess I’m screwed. Even though I have found published articles from the VHA and other sources with data saying PTSD is a contributing factor in sleep apnea. Not sure what to do with those credited articles but I have them.

@VA_Ed 3 ай бұрын

You're not screwed at all. You just need a private medical opinion. I link sleep apnea to PTSD all the time, you just need a medical professional who knows how to link it. Contact me if you need help. Www.vetlawoffice.com

@cmphighpower 4 ай бұрын

Have allergic rhinitis trying to link sleep apnea to that

@VA_Ed 4 ай бұрын

Might need a medical nexus opinion to be successful

@KODArunner Жыл бұрын

Can I link my Sleep Apnea to my Diabetes or to my Ischemic Heart Disease?

@VA_Ed 11 ай бұрын

Yes. Sorry for the late reply. Feel free to set up a consultation with me at calendly.com/vetlawoffice

@terrydemie Жыл бұрын

I applied for OSA in a group of 6 claims but was denied completely. Should I file an appeal or just start a new claim. I have PTSD and TBI along with back and feet issues that are all service connected but I am not on any medications. By the way, great video.

@VA_Ed Жыл бұрын

You are going to have to file a supplemental claim. Feel free to reach out to me at www.vetlawoffice.com

@terrydemie Жыл бұрын

Thank you very much.

@gordongragert3399 Жыл бұрын

Had to have a lawer do a long letter on my sleep apnea service connected to my back becouse they denied me becouse I was obsessed with age and numbers they said. Currently appealing. appealing

@VA_Ed Жыл бұрын

Keep at it brother. I'm available for questions if you have any.

@djvinnie1307 Жыл бұрын

Wouldn't nightmares be included in sleep apnea? Causing body movements breathing and the brain while sleeping.

@VA_Ed Жыл бұрын

You could add migraines as secondary to sleep apnea. Its a condition in itself with a separate rating.

@BeastProductions3 Жыл бұрын

Can my ex- wife, who I was married to while in military write a letter

@brianp454 Жыл бұрын

Yes! Use the example in this video as a template: Establish the timeframe, why she knew your sleep issues, etc.

@VA_Ed Жыл бұрын

Yes, as long as she knew you on active duty and is familiar with your sleep habits during this time

@rdking8001 Жыл бұрын

I had two roommates do buddy letter and still got denied and boy it was a fast denial

@bigtime911 Жыл бұрын

Va loves to deny sleep apnea. Submit a supplemental with nexus denied. HLR denied 2 supplemental with nexus denied. Second HLR approved. It can be done.

@jeffrey501green Жыл бұрын

Why did they deny it? You had the service connection covered...do you have a current diagnosis? Current symptoms? Get other evidence together and file appeal...

@rdking8001 Жыл бұрын

@@jeffrey501green failed to show service connection but I'm not 100% clear because you just can't get an answer from anybody, even my DAV representative doesn't even put any effort into explaining anything! He sited several codes but said nothing about what to do next, I just submitted a 10182 that's what they told me to do, I got a letter to ad any new information but no idea what happens with this type of appeal?

@VA_Ed Жыл бұрын

I would be happy to review the decision and see if I can help further. www.vetlawoffice.com

@jeffrey501green Жыл бұрын

@@rdking8001 it may be time to get help. The VA waters get pretty murky...

@djvinnie1307 Жыл бұрын

Mail in test are junk. You need a real test that measures brain, lungs, and body movements.

@thenoblescholar3358 Жыл бұрын

There are 3 kinds of sleep apnea, central, obstructive, and positional.

@lynn001961 Жыл бұрын

I have currently: 20% degenerative arthritis of the spine with spinal fusion (previously diagnosed as back injury status post lumbar surgery) (lumbar spine condition) Service-connected disability? Yes Effective date: 10/06/2020 20% peripheral neuropathy/radiculopathy, right lower extremity of the sciatic nerve Service-connected disability? Yes Effective date: 10/06/2020 20% peripheral neuropathy/radiculopathy, left lower extremity of the sciatic nerve Service-connected disability? Yes Effective date: 10/06/2020 70% - major depressive disorder (previously rated as unspecified depressive disorder) (claimed as major depression/PTSD) Service-connected disability? Yes Effective date: 08/14/2020 0% scars, lower back and spinal stimulator Service-connected disability? Yes Effective date: 06/01/2018 0% obstructive sleep apnea Service-connected disability? Yes Effective date: 06/01/2018 20% radiculopathy, right lower extremity of the femoral nerve Service-connected disability? Yes Effective date: 06/01/2018 20% radiculopathy, left lower extremity of the femoral nerve Service-connected disability? Yes Effective date: 06/01/2018 PTSD (post traumatic stress disorder) (related to: PTSD - Non-Combat) Service-connected disability? No I don't understand 0% Obstructive Sleep Apnea. That said my back injuries have prevented me from exercise on a consistent basis keeping me obese. Additionally, I have COPD using Spiriva Respimate and Abutterol Sulfate inhalation aerosol What is my best avenue to get my Obstructive Sleep Apnea NOT 0%? I am at 90% Total Service-connected but 100% unemployability

@lynn001961 Жыл бұрын

Additionally, I am currently being seen by a psychologist for Sleep Walking. If this helps

@VA_Ed Жыл бұрын

Please schedule a call with me here: calendly.com/vetlawoffice

@BH6R Жыл бұрын

I had a sleep study done, diagnosed with sleep apnea, issued a CPAP by VA. Went to my appointment,.10 minutes later I was done. Denied immediately, 2 weeks later. Bull shit. Great information though.

@trainerpool8919 Жыл бұрын

Did you establish a nexus to service

@jeffrey501green Жыл бұрын

You were missing the link to AD...

@bigtime911 Жыл бұрын

Nexus, nexus, nexus

@joyceambrose3828 Жыл бұрын

Same thing happened to me. Had the C&p one day and got the denial letter two days later. It was amazing how the denial was so quick but it's taking 6 months for the appeal decision.

@VA_Ed Жыл бұрын

Feel free to schedule a call with me here: calendly.com/vetlawoffice