VA Claim for Sleep Apnea and common mistakes when claiming sleep apnea
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- čas přidán 25. 07. 2024
- You have VA claims questions. Our channel provides educational and informational videos on the VA compensation claims process. We educate veterans on DBQs, nexus statement, IMOs, VA disability benefits, how to win your chapter 35 benefits, what is P & T, easiest VA claims to win, and much more. Don't be frustrated, get educated
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Chapter List
00:00 Introduction
00:37 Sleep apnea VA claim
00:57 KMD89 VA Claims Consulting Social Media Links
01:13 KMD89 VA Claims Consulting Website Link
03:00 Five Ways of VA Service Connection for a VA claim
03:48 VA Claim Direct Service Connection Requirements
06:18 Re-cap
07:50 Other Links to VA Claims CZcams Videos
💯Recommended Video Series You Should Check Out!
⌚Successful VA Claim Conditions and how to win: • Successful VA Claim Co...
⌚How to win your VA claim higher level review/appeals: • How to win your VA Cla...
⌚VA Claim C&P exam, DBQs, IMOs and nexus statements: • VA Claim C & P Exams, ...
⌚Different steps on the VA claims process and VA updates: • Different steps on the...
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🌟LINK TO VA DBQ’s
www.benefits.va.gov/compensat...
File a complaint or ask a question with the VA: ask.va.gov/
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This is how you can request a copy of my entire electronic claim file:
FOIA Request form: www.vba.va.gov/pubs/forms/VBA...
“I would like a copy of my entire claims file to include all service treatment records, personnel records, DD 214 and rating decision/s to include code sheet and any compensation and pension exam from the VA and any third-party contractors. The entire electronic claim folder on CD.”
Fax, Direct Upload and Mail to:
1. Department of Veteran Affairs Intake Center, 844-531-7818
2. Direct upload: eauth.va.gov/accessva/#forVet...
3. Department of Veteran Affairs Evidence Intake Center, P.O. Box 4444, Janesville, WI, 53547-4444
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How I obtained a copy of my Summary/Breakdown letter.
I called the VA at 800-827-1000 and inform them that:
“I would like a summary letter/disability breakdown letter to include, all my service-connected conditions, percentages and diagnostic codes.” (If you are not service connected, you will not have one). Also, you can have them email or fax (if you don’t have a fax at home, you can download a fax app in the play store on your phone) this information, if the person doesn’t want to email or fax it, hang up and call back and speak to someone else.
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DISCLAIMER: KMD89 VA Claims Consulting is a consulting company that is not holding itself out as a representative of veterans in any capacity with any government agency of any kind. We are not an adviser, claims agent, veteran service officer or VA representative and do not represent anyone before the VA. These videos are for educational/informational purposes only, and anyone watching these videos understands that the information is for these purposes only and it is not to be solely relied upon for the Veterans affairs compensation process as it is only a broad and general overview of the VA claims process. While it is possible to maximize your benefits, it’s solely your responsibility to become educated on the VA disability compensation claims process. It is imperative that you conduct your own research. I am merely sharing my opinion with no guarantee of any benefits.
#va #vadisabilitybenefits #vaclaims #easiestvadisabilityclaims #vaclaimhelp #vaclaim #veteranaffairs #ptsdvarating #vso #serviceconnecteddisability #vacompensation #nexusstatement #vadisabilitybenefits #higherlevelreview #nexus
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Please watch: "Does having VA representation (lawyer, claims agent, or VSO) guarantee approval?"
• Having VA claim repres...
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Thank you. Great video Dewayne.
Glad you enjoyed it
Great information as always! Keep it up!
Thanks! Will do!
Thanks Dewayne. Very helpful and informative video.
Glad it was helpful!
Just seeing this year old video and it is amazing how the VA have so many administrative obstacles as it were in your path to getting a disability rating.
It's not an easy process. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Why are so many veterans taking an L on this claim? This video sheds light on the issue. Thank you for all you do.
You are correct, I wish I had that answer. Thanks for the support to the channel.
I filed as secondary to PTSD with a nexus and DBQ stating OSA was aggravated by PTSD. All I got on my denial was a def of OSA. The CP examiner never called me, just reviewed my records, and said OSA is not associated with PTSD.
they taking L because the VBA has a unofficial quota and flagging system that are tied to budgetary and political pressures
some vba employees are envious of veterans getting money on common human ailments
interpretation of conflicting/competing medical literature has no statutory guidance leaving it up to the rater and how the ALJ interprets case law
@@justrich9873 But it is.. Its very common in people with PTSD..I hope you appealed, just more VA bs
@spaceranger1938 I read my nexus letter, and I thought it was sufficient, but after much review etc it should've been stronger.
I am also waiting for my updated CFile, just to get the examiners' notes. My disbetes was finally SC, waiting for my ankles and feet. Will file secondary to all 3. Also, I want to make sure I have my C file, so my expert can say, " I reviewed his entire military medical and personnel file." Which now seems to be the "go to" excuse to believe their CPE over your private DBQ and Nexus.
Thank you for the information.
Your always welcome
Is sleep apnea covered under the pac act?
Thank you for the info
You bet. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim 12 hour live stream marathon. Are you ready to be part of this epic journey? Be our guest, submit your questions, and let's see if we can hit that 1000 mark together! 🎯✨ forms.gle/rfvMGQgaCnnmJF9g7 Each quest will have 15 minutes.
I watch these videos to gain more knowledge for my claim. I have a exam on Wednesday with the nurse practitioner with sleep apnea being one of them.. I was trying to get it as a secondary but I should be able to get it with a presumptive of Camp Lejeune water contamination being that I was stationed there 86 through 89. Thank you
If it's not on the list for Camp Lejeune, it will be denied. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Good videos. Retired Coast Guard vet of 23 years. I got diagnosed with and began treatment for OSA with a CPAP 10+ years before retirement. I received a 50% rating for that alone.
Just wanted to provide an example of one of the ways you described to get the service connected designation.
That would be correct for the 50 percent.
I have sleep apnea and insomnia currently out awaiting a decision. I have done sleep issue classes while attending a VA health care system in SD. That being said I do have PTSD a diagnosis of sleep apnea and a CPAP machine. Thanks for the word. God bless
Your welcome. Don't forget about our upcoming FREE virtual event: www.eventbrite.com/e/how-to-win-your-va-compensation-claim-tickets-646378173517?aff=oddtdtcreator
Thank you very much. I just got diagnosed w/ SA and got my cpap machine last week. I am waiting to see if my pulmonary claim goes through and will hook SA w/ that. Hopefully. Thank you again.
Best of luck! Let us know how it turns out and don't forget about our upcoming event: www.eventbrite.com/e/646378173517
You asked me to update my three claims. I received 60% (max) for dermatitis w/ 17 months backpay. My lung claim was denied. My anxiety claim is pending still. And I just filed a Sleep Apnea claim secondary to tinnitus, which is service-connected. I didn't like any of the other options when filing. Thank you gain for all of your work.
Your welcome and good luck going forward with your claim. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Can you do a video that explains the one year, three year, seven year and other presumptive's and what they mean?
In my main presentation (training), I cover those in detail.
Thank you so much for sharing all your knowledge, experiance and expertise. You are one of the few people on CZcams with this unique combination of skill that gives you the ability to speak on VA benifits. I have a question. I was in service from 1980-1984. I have both Medical entrance and exit forms 93. On the entrance form, no problems were noted. On the exit form Sinusitis and problems breathing was noted 4 years later. I was an aircraft mechanic and subject to jet fuel daily, which was a constant irritant to me. I also fractured my nose while in the military. In the "note" section, the physician wrote this. "Deviated septum 1983 secondary to nose fracture. " Based on the way he wrote this, it seems questionable whether the fracture happend in 1983. Would you include this document with your claim if this were you? Thank you in advance for your answer.
your welcome. If you have your medical records from active duty, confirm if there is a date. Yes, you can submit it with your claim form. Upcoming Webinar "Get Educated On The VA Compensation Claim Process Webinar" (COUPON CODE: WIN10). August 13th - 14th 6-8PM EST: va.kmd89.com/win-your-va-claim Tired of getting denied and ready to WIN your VA compensation claim.
The VA have lost my medical records. I have looked high and low and they cannot locate them. Form 93 is all I have that states the incident took place along with sinusitis. As I had said, I now have a CPAP. Do you think this form with the dr. notating breathing problems, a fractured nose and sinusitus is the link I need?@@DewayneKimble
@@DewayneKimble The VA have lost my medical records. I have looked high and low and they cannot locate them. Form 93 is all I have that states the incident took place along with sinusitis. As I had said, I now have a CPAP. Do you think this form with the dr. notating breathing problems, a fractured nose and sinusitus is the link I need?
I had insomnia while I was in the service but never followed up. I went to my doctor after my wife told me several times that I stopped breathing and most recently, woke up in the middle of the night & couldn't breathe. I went to 2 sleep studies- 1 for insomnia and the 2nd one for sleep apnea. I just sent my studies to the VA for review
Let us know how it turns out. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
I was diagnosed with Sleep Apnea on Active Duty in 2010 and was given a CPAP machine while on active duty and they denied me for my claim, I am still going after them for this because it seemed crazy that they denied me after being active for over 9 years.
We would have to review the evidence from service, the claim form, the rating decision and C & P exam that includes the medical opinion and rational. www.kmd89.com/services
Which way should I go on service connecting my sleep apnea? Buddy letters from roommates when I was in service or secondary to weight gain due to anxiety/depression from PTSD? I had sleep apnea in service but i didn’t have diagnosis. I have CPAP machine now. Thanks for all u do.
Where does it fall under the 5 ways of service connection. I've done videos on the 5 ways of service connection.
I’m in the process of filing for this, I have 70 ptsd, so I’m going to file under secondary. My initial sleep study at home had the results that I did not qualify for obstructive sleep apnea; however, I’m going in for an overnight cpap device fitting 🤔 in a couple months. Would I qualify for central sleep apnea instead, service related to ptsd (secondary)? Good stuff, the nexus and dbq needs to be fully addressed with vba for sure. That’s a congressional inquiry I’d like to get.
Your right the DBQ and nexus has to be sufficient.
😡Don't let the VA claim process stress you out
😀Schedule your free 15-minute consultation on our 🖥 website : www.kmd89.com/
📚"Don't be frustrated, get EDUCATED"
Friend of mine pointed me in your direction. Definitely subscribed now.
I was diagnosed with PTS and apnea. Who should I reach out to for a nexus letter for my apnea claim? My primary care doc at the VA? The VA's sleep clinic where I took and was diagnosed?
Thanks for all you do.
If you have your claims folder, reach out to us. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
@@DewayneKimblehi, how do i get my claims folder?
Hello from Dallas
Welcome, and hope all is well in Dallas.
Do you have any info on linking sleep apnea to anterior cervical fusion. I had two different surgeries that fused the C4-7 and both were service connected and rated. Diagnosed for OSA and given a CPAP a few years later. This is secondary to that injury. I have seen a lot of literature linking the two including a VA appeal. What happens if I can’t get a Nexus from my sleep doctor?
No, I do not. You can ask the individual that did your surgery. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Hello Dewayne, thank you for the info. earley. what type of sleep test can we have? Can we have an at home with a monitor hooked up to us? Thanks
I haven't checked the M21 to see if the VA stated they would take one over the other. You can go there and check, if it doesn't state it, both should be fine.
How do I find the M 21?
@@anniekate1914 Here is the link: www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018
I’m 70% on PTSD alone. Everything that you explained in the beginning of the video is exactly what happened to me including the favorable findings and whatnot….my question is that if there is a link between PTSD & sleep apnea, why would I have still been denied?
Most 3rd party VA examiner will deny this type of claim even though there are studies that show sleep apnea can be secondary to PTSD. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Have to be pro active educate ourselves.
Thank you
I complained of loud snoring from my active duty. I suffered a deviated septum from a blow to my nose. I left active duty in 1985. As the years go by, I had issues of lack of sleep and the loud snoring. I had never heard of sleep apnea until the 1990s. I was in the reserves from 2001 to 2015. I retired, and I filed for various disabilities. I had a sleep apnea test, but no machine was issued to me. The VA denied my claim. Not service connected.
What I didn't' hear that you requested your claims file and reviewed the entire file to see why they said no. Also, what is in your medical records from active duty. www.eventbrite.com/e/646378173517
I was diagnosed with Obstructive sleep apnea syndrome in 2014. VA continues to issue me a machine with supplies. Last month I was rated 10% for Rhinitis because of Desert Storm deployment (Pact Act). Could I file a secondary sleep apnea and connect it to Rhinitis? I served 10 years Active Army and 16 years Reserves.
That is one of the five ways of service connection veterans can file a claim.
I found it Dewayne thanks alot. Dr. can do a home monitor test and prescribe a cpap device.
No problem, good luck with your claim and keep getting educated.
I had surgery for a deviated septum while on active duty back in 1993 due to snoring and tiredness. Then had a UPPP after I’d separated in 2003, and diagnosed with OSA. The VA diagnosed me w/OSA in 2007 and I’ve had a CPAP since. Yet, my claim was denied in 2015. And so I gave up. Is it worth trying again?
You gave up. No, no no We can review the rating decision and C & P exam to see what happened and explain what options you have to be successful with your claim. Check us out: www.kmd89.com/services
I've been been out of the Marines 23 years now. I was dealing with sleep issues and GERD prior to getting out. Last year I received 10% for GERD. My sleep is often interrupted, because of me regurgitating while sleeping. This year I had 3 sleep studies for OSA and fighting in my sleep (REM Sleep Behavior Disorder or RBD). The first 2 didn't so OSA, but confirmed RBD ( diagnosed). The VA sleep therapist was wonderful, she pushed for a 3 study and confirmed OSA and received a CPAP. Next month I have to have surgery to help my GERD. I'm planning on filling OSA secondary to GERD. Any advice?
Does getting diagnosed at VHA confirms service connection through VBA. Have to get educated. Don't forget about my FREE upcoming event: www.eventbrite.com/e/646378173517
I CAN'T FIND THE regulations on va sponsored research studies but I remember reading that if you are in a VA research study and they find a disability it can be service connected.
@@gillyoh63 thanks... I'll research it
Hello Dewayne - thanks for all the great info. Persian Gulf War veteran here. Had a sleep study done and was diagnosed with severe mixed sleep apnea before 31 Dec 2021 and prescribed a CPAP machine and therapy. What is the latest on the Presumptive route for SC using the “sleep disturbances” or “respiratory problems” symptoms that fall under the “Undiagnosed Illness” category. I hear/read many stories of denial for sleep apnea - even with confirmed diagnosis/CPAP issuance - under those symptoms. I understand that sleep apnea in and of itself is not a “Presumptive” condition, but shouldn’t it be able to get Service Connection by virtue of it being a “sleep disturbance” which is one of the actual listed symptoms in the “Undiagnosed illness” category of the Persian Gulf War Presumptive conditions? Have you, or anyone reading this, heard of anyone successfully claiming sleep apnea under the Presumptive process? Thanks!
Your welcome. In those stories you hear, they don't state they received a copy of the C & P exam to see why the examiner said no. Each claim is different and that's why it's so important to get educated on the process. I've seen it granted before and denied but the examiner has to say why they granted or denied the claim.
@@DewayneKimble But as a “Presumptive” condition - which is what I’m really asking about - you don’t even have to have any exam. Is that not correct? The service connection is by definition “presumed”. Yet the listed symptom of “sleep disturbance”, which is one of the ones listed under the Gulf War Syndrome/Illness category, is seemingly immediately dismissed and denied if anyone tries to call sleep apnea a “sleep disturbance”. It falls under the “Undiagnosed illness” section, and the VA says, ah but your “sleep disturbance” IS diagnosed - as sleep apnea - therefore it cannot be an “undiagnosed illness”! What the heck? It’s a no win Catch 22…
vA denied my Chronic Fatgue claim even though TERA and time in Gulf War was conceded. Then they showed a reply that I didn’t claim as a presumptive or unexplained illness. The whole GW presumptives is very misleading. Still trying to research the VA website and case review to compare and figure out exactly what they want…..
I am new to your videos, so I apologize for showing up late on this topic with my question. I was diagnosed with PTSD at 50% after being separated for 14 years. I've brought up my severe sleep issues many times over that period with no action from the VA to delve deeper into the issue. Is it best to use an outside party to evaluate my sleep issues first and then present them to the VA and have them conduct the same tests, or should I insist on a sleep test from the VA alone? I'm worried the timeline of separation will have a negative impact on their decision even though I have brought this up throughout my time there to no avail. Thank you for your time and GOD bless you.
Thanks for the support to the channel. Where does sleep apnea fall under the 5 ways of service connection and do you meet the criteria Also, you can pick up my new book on the VA Claims Process: www.amazon.com/VA-Claims-Success-MAXIMIZING-COMPENSATION/dp/1959508083/ref=sr_1_3?crid=W9ETD5T39S05&keywords=va+claims&qid=1689002630&sprefix=va+claim%2Caps%2C267&sr=8-3.
Hello Dewayne, love your educational videos! Your right you have to be able to connect sleep apnea as one of the 5 ways of service connection. I think a lot of veterans have sleep apnea and I think the major cause of sleep apnea is weight gain. I think the vba has hard time approving sleep apnea because the c/p doctor overlooks the weight gain as an intermediary. Example sleep apnea secondary to weight gain from any orthopedic service connected condition. What needs to happen is VBA needs to make Obesity a service connected condition, rate it at 0% or 10% and then file whatever condition you have as a secondary to obesity. That it’s black and white all the way through. What are your thoughts?
Thanks for the support to the channel. If they ever added that, then that could be claimed secondary. There are other service-connected conditions veterans can claim sleep apnea to.
@@DewayneKimble Have you ever heard of SC hypertension as being one of those other conditions for apnea to be linked to?
I submitted a sleep apnea claim secondary to PTSD, and am waiting hear back on a decision. I did submit studies showing that the two are connected. However, I have heard that the VA can deny it based on you being obese and/or having a higher than normal BMI. So, in addition, I submitted medical studies that link weight gain to taking anti-depressants (which I have been taking for years) to counter that argument, along with a nexus statement. Hopefully it will be granted. It would be interesting to see their argument against the dozens of pages of studies and medical supporting documentation i provided. I'll wait and see
@@thomastownsend2702 any update on their decision?
In my update letter they said i am service connected for it but havent had any traction on the claim.
The evidence would have to be reviewed www.kmd89.com/services
Hey, I was diagnosed with OSA with the VA, my VA Doctor filled out a DBQ for me. I filled Sleep apnea comp claim secondary to my service connected Rhinitis and Chronic sinus. In the DBQ my VA DR stated Allergic Rhinitis in additional diagnoses that pertain to Sleep apnea. This is very helpful for me and the rater I think? Thanks
As long as the DBQ and nexus was completed correctly, it shouldn't be hard per the VA regulations. Hopefully the rater follows the regulations.
My husband is deceased he was diagnosed after honorably discharged however I noted several indication in his Veterans Medical record lack of sleep for several days sleep apnea was not diagnose until the early 70s my husband was discharged and 68 could this be related could this be related to his medical history while he was in the military
@@DewayneKimble Hey Dewayne. It's now in Supplemental since March 2023. A VES DO C&P said no "Nexus" I followed up with a Nexus letter from my VA MD doctor he Stated "Sleep apnea was caused by my service connected Rhinitis and chronic congestion due to burn pit exposure in Afghanistan", "50% more than likely than not, it was caused by my secondary condition" I supplied my VA DBQ in also when it was denied. Now a VES Nurse Practitioner is doing a claims ace review, did another DBQ, why didn't they use my original DBQ from my VA DR? Do I have a good chance on getting this granted? Does my VA MD DR have more merit than a DO or NP? Thanks!
@@NATEDOG001976hey Nate, any updates since the ace review?
Okay. I just got denied for sleep apnea. I have a diagnoses through a private doctor and recently with the VA along with the prescribed CPAP machine which I’ve been using daily. Currently have 50% migraines, 10% GERD, 0% hypertension. I have strong lay statements from spouse and a former service member in regards to the sleep issues. It appears it didn’t flinch the rating decision. I also have pending claims in regards to TBI and mental health. I’m so distraught with the VA system. It’s like moving chess pieces around.
It can be like playing chess, I have a video on my channel on the 1st step of the VA claims process that may help. Also, don't forget to pick up my new book: store.kmd89.com/
Filed a claim for OSA secondary to service connected GERD. Completed sleep study and require use of an APAP. I have current diagnosis for both f on my doctor. Have a nexus from my doctor saying as likely as not. Went to C&P exam waiting for outcome. If the C&P examiner says it is less likely than not. I probably will be denied. How can I win my case?
Why was a C & P exam requested if you had a sufficient DBQ and nexus.
Catch 22 damned if you do, damned if you don't. If you don't show up. Denied. If you show up, they say less than likely, your doctor says as likely, the rater goes with the C&P examiner, Denied
At 4:10 you said C&P doctor writes a Nexus letter. Is this where we get them most of the time? I have not claimed since 2004.
You can have your private doctor to complete a DBQ and nexus. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
What if you didn't get seen for it in the military but 1 month after getting out of the army, I had a test, and it was positive? I have a letter from my military provider saying they think I had it. Should I file as primary. To me it is clear that it is >50% chance that it happened while in the military with such a time gap.
You have to know the five ways of service connection. If you are claiming in service, the test was not on active duty. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
When do the proposed changes go into effect for sleep apnea? I file in January that will be my 180 day mark until I get out.
The VA has not notified the general public when the changes will be put in place.
Thank you !
I was diagnosed with Sleep Apnea while I was on Active Duty. I had a sleep study done while I was on Active Duty. I received a C-PAP while I was on Active Duty. A month ago, I had a C& P exam for Sleep Apnea. Some of my peers and Colleagues are stating that my 50% Award is Automatic based on my circumstances. Is that true ?
Did you find out if you were 50% for sleep apnea? Currently active duty, diagnosed with sleep apnea and prescribed a c-pap now. Still got a year before my EAOS but looking into all this stuff now
How do you know if it's secondary to another claim if you never new you had sleep apnea?
I'm not a medical professional but you can always ask one and Google the issue. www.kmd89.com/services
Do you know when the new ratings for sleep apnea will be
The VA proposed it over two years ago. They haven't made any changes or said if they will. Upcoming Webinar "Get Educated On The VA Compensation Claim Process Webinar" (COUPON CODE: WIN10). August 13th - 14th 6-8PM EST: va.kmd89.com/win-your-va-claim Tired of getting denied and ready to WIN your VA compensation claim.
The best way to win the sleep apnea claim is to get the sleep study and diagnosis right before you get out of the military. One thing to note, Sleep apnea and asthma go in the same rating. They don't allow pyramiding.
How can I file severe obstructive sleep apnea as a secondary claim, I have a 10% rating for tinnitus, and a 10% rating for skeletal damage how do I tie to one of those.
The primary has to be service-connected. A medial professional will have to answer how sleep apnea can be caused by those conditions. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
I have a sleep study diagnosis and nexus of sleep apnea from my pulmonary and sleep Dr.
My wife wrote a lay statement laying out all of my sleep apnea symptoms she has witnessed and observed over the years to present. My VSO said it may not be that helpful since she’s my wife. Is this true her statement doesn’t bring much to the table?I don’t sleep with anyone else and she’s the only one that knows my symptoms.
A statement can come from anyone. It's not over the years but where does it fall under the 5 ways of service-connection.
@@DewayneKimble secondary to tinnitus
Hello. I was denied for sleep apnea. I was diagnosed and use a CPAP device. I filed it as a secondary to asthma. My denial was based on the examiner not finding any documentation linking asthma to sleep apnea and said they usually see sleep apnea as a secondary to PTSD. Should I withdraw my claim and refile it as a seconday to PTSD?
Because the doctor said there is no documentation doesn't mean there isn't one. Do the research to see if there is one. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/membership You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
With sleep apnea if you are prescribed an A-PAP machine would thay still keep you in the 50% range? I know its still a breathing device to help with apnea but does the va still see it that way?
In the diagnostic code criteria, it states which machines qualify for the 50 percent criteria. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Can chronic fatigue be claimed as a secondary condition to sleep apnea and are on cpap ?
You can claim any condition secondary to a service-connection disability, but there still has to be a link.
Can I use previous cases or va appeals dockets i found online from other veterans cases or that depict veterans who won their clams on appeal with the same conditions / secondary claims im making as evidence to support my inital secondary claim. With or without a drs opinion letter
It would depend on what you are doing with your claim. Every claim is different and in that case the regulations and court cases may be different for your claim. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
@@DewayneKimble thank you will be purchasing soon
Is there a Va form other than a DBQ, that will be helpful when claiming sleep apnea secondary to PTSD?
You will need the DBQ and nexus statement. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Are you psychic? I am doing a sleep study right now but I have insomnia service connected. Thanks, very timely video!
Really, I'm glad it was helpful.
So you can secondary claim Obstructive Sleep Apnea to Insomnia ?
I was seen for sleep apnea. I was about to have a sleep study but Tricare screw me over and couldn't get my sleep apnea diagnosis until the VA took over and diagnosed me .
Under the five ways of service connection, where does this condition fall. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
@@DewayneKimble all of this happened during my active duty well documented and just from the doctor notes itself I was able to claim for allergic rhinitis and chronic sinusitis.
I had surgery (UPPP) for sleep apnea while on active duty at an Army Medical Center would that help service connect for a Va claim. I have no Va claims but it has been 20 yrs still have sleep apnea.
That would fall under direct service connection. I have a video on my channel "5 ways of service connection", I explain direct service connection in that video.
@@DewayneKimble Thanks Dewayne! I will check out the other video... Subscribed.
I been fighting my sleep apnea claim for 16 years ,it keeps getting remanded I need helps just order your book
Thanks for the support to the book. They are pushing the can down the road. Stay in the fight.
If the sleep study was done 2 yrs ago do you have to get a new one?
You should be good to go.
My OSA claim has been denied 3 x’s even with 2 IMO’s. Now I have it pending within the 1st year to appeal with an attorney.🙏
As I mention in the video, DBQs and Nexus statement have to be actionable and sufficient. Even if it is, some (some not all) VA employees are still requesting C & P exams, and the RVSR is using that over the private evidence. Checkout this video: czcams.com/video/Wagkh21A8m4/video.html
@@DewayneKimble, yes the C&P examiners don’t agree with the IMO’s, but the additional problem is the C&P examiners are NOT elaborating their disagreement and that is my basis for appeal due to medical case studies and prior BVA decisions similar to my claim that were also provided. I just really hope this appeal goes my way.
The video sounded good but I think most veterans want to here how to get a claim started,stick to the basics because there are a lot of veterans that are filing for the first time and can get lost in a lot of the bureaucratic stuff and paper work that goes into filing a claim
I have videos on that but many veterans do not take the time to do a search for them on my channel. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Hi Dewayne im srating to put together a secoundairy claim for OSA, connected to my serv connected PTSD and Asthma/COPD as a desert storm vet what is my best route ,secoundairy or persumption through pact act?
It would be up to you or why not both.
I got an OSA diagnosis when I was on AD last year but the VA wants me to do another sleep study. I'm afraid they will denied it based on what you mentioned about the favorable findings. They already did it with another condition that I claimed even thought it was diagnosed in AD. They repeted the same study and the diagnose was the same and it was mentioned under favorable findings in the desicion letter but they denied my claim anyways. What should I do? Should I not repeat the sleep study?
Maybe they missed it and didn't see it in the records. Have you reminded them or sent the study in that shows a diagnosis less than year. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Thanks for the speedy reply. Yes I have. I've had two CMP's for it and I told and showed the study to my PCM and Psychiatrist at the VA but they dont seem to care or accept it and its depressing me.@@DewayneKimble
So right now sleep apnea has not changed as they said it was not going to give compensation is that correct?
The criteria is still the same for now.
Alvah. I caught tuberculosis in the army in 1973 in Fort Dix New Jersey. How do i get service connection
Get educated on the process and that would fall under direct service connection. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Look at 38CFR 3.959
Hello Mr. Dewayne. I received my CPAP machine from the VA for Sleep Apnea back in 2013 and I finally received a 50% rating this year. Does this constitute for back pay? Thank you Sir.
It could but the evidence from 2013 to present for sleep apnea would have to be reviewed.
Yes Sir. Thank you so much! Keep up the great job!
Can you get service connection as a reservist?
Yes, if you have an LOD or served on active duty. Go from 0% to HERO and win the VA compensation you deserve, with my monthly veteran membership: 💪 Sign up now and take the first step towards a smoother VA journey - va.kmd89.com/home-page-9675 Use code: VET50 to get 50% off each month (discount expires May 1st). You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
What if I got a rating of 50% and now they want to make me do another one to get the cpap? Now I’m concered
Who would be they VBA or VHA. VBA is compensation and VHA is the VAMC.
VHA is wanting me to retake a sleep apnea test. I’m already at 50%. They said “ it’s so we can get you the cpap”
@@yummyandevolved if you use a cpap it’s still 50%. Get one you could die without it.
I just got diagnosed with sleep apnea 9 months of getting out. I’m currently in the guard part time. Can I still claim primary or will it get denied? Thanks
What are the requirements for direct service connection. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
Kia Ora from New Zealand my husband has been diagnosed with sleep Apnea they wouldn't accept him as he gets castophobic with the ma sk he don't sleep well gets tired
You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
What about sleep apnea in relation to burn pits? I’ve been trying to find info on this issue, but I have not seen any information in regards to this issue.
That could fall under the PACT act but I can't say it's a lock for service connection. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
@@DewayneKimble also, how does the PACT Act affect veterans who were smokers or have smoked at some point during their service? And thanks for your response
I was prescribed cpap for sleep apnea while on active duty. The Va still denied me. I have no idea what to do
If you had a C & P exam it wasn't the VA is the the 3rd party examiner that said no. You don't know the next step. The next step is to get educated on the VA claims process. You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
So is there a best way to get sleep apnea service connected? I filed with current diagnosis and two roommate buddy letters but it got denied, I am service connected with heart disease w/ apnea , tinnitus and arthritis in back
After reviewing the description section of this video and getting a copy of your VA claims folder. If you had a C & P exam, and you see the medical opinion from the doctor, why did they say no. Also, where does it fall under the 5 ways of service connection.
@@DewayneKimble they just denied it never went to C&P
Maybe I should've tried as secondary
Did the VA change the criteria for sleep apnea?
It's still the same.
Have you seen a person file sleep apnea secondary to tinnitus and win with a diagnosis and nexus
I haven't seen that but I'm not a medical professional.
I'm guilty of these errors. Got the diagnosis and filed a claim got denied. Now I do have an instance in my active duty record of telling doctor that I don't ever feel like I'm getting enough sleep (one of the main symptoms of sleep apnea) and highlighted that when I filed but still denied cause apparently complaining of not feeling like I'm getting enough sleep doesn't confirm sleep apnea
Thanks for sharing and good luck going forward.
Is it possible to get rated for sleep apnea if you have a 0% rhinitis rating. Has anyone ever heard of this?
I've rated cases when I was a VA rater where veterans claims sleep apnea secondary. Also, don't forget to sign up for my next upcoming live webinar "How To Win Your VA Claim". Join me live as I drop nuggets on the VA Claims process as a former VA rater. va.kmd89.com/win-your-va-claim You can now get your signed copy of my new book "VA CLAIMS SUCCESS - Your Guide To Maximizing Your VA Compensation Benefits": store.kmd89.com/
HI I have documented hearing loss while in the Navy I have been awarded 10% for Tinnitus and 0 for hearing loss, So I have had Sleep apnea for ever but wasnt diagnosed until 2014 through a private health care testing .and have all the results and use a cpap machine . Also I have seen the VA doctor for depression . I am 74 got out of the Navy in 1971 and never knew I could get any VA help until 2014 .So I want to apply for higher compensation. I have had all these problems since my Service and any private health records are gone because the doctors are gone ,
Conditions since service, how about in service and where do they fall under the 5 ways of service connection.
@@DewayneKimble Ok I had good hearing when I entered the Service and have the audio gram to prove it , so 1 year later my hearing test shows it got worse and have the audio gram to prove it ,also have a few visits to the VA doctor complaining about hearing .This is due to chipping paint with air hammers and chipping hammers on Board Ship in drydock. We were never issued any ear protection , .Never had any medical direction from the Doctor. This hearing loss also caused tinnitus which was never addressed which caused me to have sleeping problems and in the 1970s I dont think Sleep apnea was even known,
I have had lung/heart issues all during my service. Diagnosed with sleep apnea and issued a CPAP through the VA. Denied the last 4 years. Still submitting claims until one of the VA raters gets tired of seeing my same claim (always with new evidence) 😂
Lolol I like how you think 😂🤣. Hope one of them gets tired of seeing your name and you get it.
Does it matter what level of slip apnea your diagnosed with or just that your diagnosed with it for secondary to tinnitus?
There has to be a confirmed diagnosis of sleep apnea, that's it.
@@DewayneKimble I got my nexus for sleep apnea secondary to tinnitus confirmed through an overnight sleep study. Just to be sure before I file a claim. Is the terminology “sleep apnea “ vs “obstructive sleep apnea” make difference on my claim?
So they don't let people go to sick call on purpose..pssh
What branch did you serve.
@@DewayneKimble Air Force. Heck they denied my out processing medical and dental physical. Then again I had more drama then you could ever imagine when I was in..
Was recently denied for sleep apnea wat would be my next move
Figure out where it falls under the 5 ways of service connection and then proceed with your options that the VA listed in the notification letter they sent you. Upcoming Webinar "Get Educated On The VA Compensation Claim Process Webinar" (COUPON CODE: WIN10). August 13th - 14th 6-8PM EST: va.kmd89.com/win-your-va-claim Tired of getting denied and ready to WIN your VA compensation claim.
@DewayneKimble haven't gotten the notification letter as of yet, probably next week 4sure
Do you know wen the va started recognizing sleep apnea
Citation Nr: 1629832
I used this old VA claim to help with my claim for sleep apnea.
Did you have success with your claim.
@@DewayneKimble I just recent submitted, so hopefully it goes well. I remember one of your older videos on Sleep Apnea, someone mentioned in the comments that'll you'll have a better chance if you claim sleep disturbance secondary to PTSD. I'll keep you posted.
@bobbytatum84 what were the outcome?
@HectorRodriguez-sj6mx I'm still waiting for a decision.