Researchers believe that when breathing is restricted, like it is for someone with sleep apnea, oxygen levels in the body decrease, thereby causing an increase in blood flow. CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK successfully argues for a precedential decision about protected work environment. The amount of medical literature linking diabetes and OSA is growing, along with awareness of this problem. Another possible way to obtain service connection for hypertension is secondary to another condition. A secondary service-connected condition is one that results from a condition that is already service-connected. This information is made available for educational purposes only and to provide general information and a general understanding of the law. I suffer from many other issues such as Migraines, Hypertension, Sleep Apnea, Diabetes and IBS. To apply for service connection for one of these secondary conditions, veterans must file a claim the same way that they would file an initial claim for VA disability benefits. The VA and BVA deny 76% of Sleep Apnea claims. However, direct service connection is not the only way in which veterans can be compensated for hypertension. Essentially, taking your blood pressure is the only way to know whether you have high blood pressure. Do You Have Disability Insurance Coverage? From there, veterans must demonstrate two things to VA: A current diagnosis of diabetes mellitus type II Therefore, to receive service-connected compensation for diabetes mellitus type II, Thailand veterans must show on a factual basis that they were exposed to Agent Orange during their service and have a current diagnosis of the condition. But direct connection is only one way to qualify for benefits for sleep apnea; most veterans qualify for benefits on the basis of a secondary connection. So, if a veteran is service connected for PTSD but has been denied for sleep apnea, then the advocate should examine whether the veteran has gained weight and become obese. In fact, what little that is known about a possible link between diabetes and sleep apnea centers around weight gain in the diabetic. Disclaimer: This information is not legal advice. Why Hire CCK for Your VA Disability Appeal? Veterans with diabetes mellitus type II who do not qualify for presumptive service connection can still receive disability benefits, but must prove the following: (1) a current diagnosis of diabetes mellitus type II; (2) an in-service event, injury, or illness; and (3) a medical nexus linking the diabetes mellitus type II to the in-service incurrence. Hypertension is typically diagnosed by healthcare providers after reviewing your systolic and diastolic blood pressure levels and comparing them to levels found in certain guidelines. ... sleep apnea diagnosis is secondary … Call us to speak to one of our experienced Veterans Disability attorneys. Furthermore, as to case summaries, reports of past results, individual lawyer biographies, news posts and other information pertaining to past and present cases, these descriptions are meant only to provide information to the public about the activities and experience of our law firm. Do You Have Disability Insurance Coverage? This nexus letter must also state the expert’s well-explained reasoning as to why the service-connected is the cause of the other new claimed conditions. That is, if a veteran is service-connected for sleep apnea and later develops hypertension, they should subsequently be service-connected for the hypertension based on the medical evidence outlined above. However, if blood sugar levels are not properly controlled, long-term complications may arise that could qualify a Veteran for secondary service connection based on diabetes. To apply for secondary service connection for hypertension, veterans can file a claim the same way they would file an initial claim for service-connected compensation. Do You Qualify for Long Term Disability Benefits? Sleep Apnea with Obesity as an Interim Link. 13-03 461A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUES 1. On the other hand, some people need to take medicine to manage their blood pressure. Recommendation 9-2. Currently, the Heart Association Guideline for the Prevention, Detection, Evaluation, and Management of High Blood Pressure in Adults (2017) adheres to the following measurements as they pertain to diagnosing hypertension: Hypertension usually has no warning signs or symptoms, and many people may be unaware that they have this condition. This will open your email client. This website adheres to the W3C’s AA Accessibility guidelines. Instead, veterans may be eligible for service connection for hypertension on a presumptive or secondary basis as well. However, other health conditions, including diabetes and obesity, can also cause or increase the likelihood of hypertension. This information is not a substitute for legal advice. Consultations are free. See R. at 8-9. The VA Does Not Typically Attempt to Disprove the Presumptive Service Connection. It has only been 3 months and my claim has moved to the preparation for decision phase according to E-benefits. Hypertension is usually caused by a number of unhealthy lifestyle choices, such as not getting enough regular physical activity and exercise. Winning a VA Sleep Apnea is much harder. In many patients, blood pressure remains elevated during the daytime, when breathing is normal. When veterans are regularly woken up in their sleep, their bodies get stressed. There are three main types of sleep apnea, including the following: The signs and symptoms of these three types of sleep apnea tend to overlap, sometimes making it difficult to determine which type you have. Did you take ZANTAC regularly and later develop cancer? Blood pressure is measured using two numbers: Generally speaking, a normal blood pressure level is less than 120 systolic and 80 diastolic. To file your VA disability for hypertension claim, you must: Get a release of information form from your doctor to complete and submit along with your claim. Both the Sleep Apnea and Depression are awaiting appeals from the DRO.I filed a claim for Diabetes Type 2 requiring daily oral medication and insulin shots secondary to my HBP (10%) in January 2014. Sleep Apnea VA Disability on a Secondary Basis. It’s almost as much work – … No told me to claim them as secondary to PTSD. Sometimes, veterans cannot show that they had sleep apnea in service. And this highly disturbing condition of sleep apnea is now as common as hypertension, diabetes and heart diseases. Entitlement to service connection for obesity, to include as secondary to service-connected bilateral knee disabilities. We handle claims nationwide, and you can reach us toll-free from anywhere in the USA at (866) 233-5044. You may need a doctor’s help to link your sleep apnea to another of your service connected disabilities. Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity of their condition. VA presumes certain conditions are related to veterans’ military service. He decided to claim possible heart disease secondary to his hypertension. Secondary conditions are disabilities that arise or are exacerbated by a current service connected condition. Below are the criteria VA has set in place to rate veterans with type II diabetes: As evidenced by the above-mentioned rating criteria, diabetes mellitus type II can be managed if the appropriate care is implemented. The 4 medical conditions are closely linked and I have service connection already established for the hypertension and sleep apnea. If you are able to service-connect your sleep apnea, you may also receive hypertension VA disability benefits. Sleep apnea is a potentially serious sleep disorder in which a person’s breathing is repeatedly interrupted during the course of the night. Other symptoms and associated clinical disorders are seen more commonly in those with OSA than would be expected by chance. 2. The examiner noted that a major cause of sleep apnea was weight gain and that the veteran weighed 155 pounds in service and 255 pounds in March 2013. Citation Nr: 1736638 Decision Date: 08/31/17 Archive Date: 09/06/17 DOCKET NO. If you are a veteran suffering from Sleep Apnea and VA has denied your disability claim, you may still eligible for disability compensation. Sleep apnea can aggravate hypertension. Such complications can eventually be disabling or even life-threatening. Diabetes mellitus type II is a chronic condition that affects the way an individual’s body metabolizes glucose (i.e., sugar). This website adheres to the W3C’s AA Accessibility guidelines. As a result, diabetes mellitus type II is included on VA’s list of presumptive conditions associated with exposure to Agent Orange. Sleep-disordered breathing encompasses several characteristic complications (Table 1). OSA episodes produce surges in systolic and diastolic pressure that keep mean blood pressure levels elevated at night. the Veteran’s obesity is a substantial factor in causing the Veteran’s sleep apnea, and; the Veteran’s sleep apnea would not have occurred had it not been for the Veteran’s obesity. Contacting us does not create an attorney-client relationship. In addition, the Veteran may be eligible for compensation for a number of conditions that are judged as secondary to Type 2 diabetes such as diabetic nephropathy, diabetic neuropathy, coronary artery disease, hypertension and a list of other conditions. The psychiatrist suggested these are all secondary conditions of the PTSD diagnosis. Copyright © 2021 Chisholm Chisholm & Kilpatrick LTD.All Rights Reserved. Who Is Eligible for VA Service-Connected Disability Compensation? What Can I Do to Make the VA Disability Process Go Faster? Service connection is currently in effect for Type II diabetes mellitus associated with herbicide exposure. This information is not a substitute for legal advice. With regard to the conditions discussed herein, veterans may be eligible for service connection on a secondary basis for hypertension as due to sleep apnea. Burn Pits: The Agent Orange for Post-9/11 Veterans, “Other related factors” must be considered in extraschedular analysis. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. Signs and symptoms of type II diabetes often develop gradually over time. In some cases, people with hypertension can lower their blood pressure into a health range by making lifestyle changes (e.g., getting 150 minutes of physical activity each week, not smoking, eating a healthy diet with limited sodium and alcohol, keeping a healthy weight, managing stress). Blood pressure levels change naturally throughout the day based on your activities; however, having blood pressure that measures consistently above normal may result in a diagnosis of hypertension. From there, veterans must demonstrate two things to VA: Importantly, the secondary condition must be “at least as likely as not” caused or aggravated by the veteran’s type II diabetes. The answer is yes, and we will discuss some of the conditions caused by sleep apnea below: Mental Health; Hypertension; Headaches; Diabetes; Erectile Dysfunction However, the most common symptoms include the following: Again, type II diabetes occurs when the body becomes resistant to insulin or when the pancreas is unable to produce enough insulin. Secondary service connection is when a service-connected condition or injury causes a new condition or aggravates a non-service connected disability. Many common service connected conditions that can cause hypertension include diabetes, sleep apnea, and PTSD. You’re aren’t alone. Winning a VA claim to service connect sleep apnea is hard. Entitlement to service connection for diabetes mellitus, including as secondary to posttraumatic stress disorder (PTSD). Diabetes mellitus type II is rated by VA under 38 CFR § 4.119, Diagnostic Code 7913. This will open your email client. Sleep apnea is a condition where the muscles in the air passage collapse and the airways on the windpipe become narrow, when a person is asleep. Many veterans attempt to service-connect sleep apnea as a primary disability condition and can’t seem to figure our “why” the VA keeps denying your sleep apnea claim. This condition is concerning because it places people at higher risk for other health problems, including heart disease, heart attack, and stroke. Copy this embed code to share the infographic on your own site. PTSD Stressors and VA Disability Benefits, Camp Lejeune Water Contamination & VA Disability Benefits, VA Disability Ratings for Sleep Disorders, VA Disability Benefits for Respiratory Conditions, Episode 48: Secondary Conditions to Tinnitus for VA Disability Benefits, Episode 47: Protected VA Disability Ratings, Episode 31: VA Disability Benefits & Diabetes. They will need to demonstrate the following to VA to be granted secondary service connection for hypertension: (1) a diagnosis of hypertension; and (2) medical evidence showing the relationship between their service-connected sleep apnea and their hypertension. In more serious cases, doctors may prescribe the use of a continuous positive airway pressure (CPAP) machine. This leads to people experiencing problems in breathing when they are asleep. For mild cases of sleep apnea, doctors may suggest lifestyle changes such as losing weight or quitting smoking, if applicable. According to the Centers for Disease Control and Prevention (CDC), blood pressure is the pressure of blood pushing against the walls of your arteries (i.e., blood vessels that carry blood from the heart to other parts of the body). Specifically, an estimated 50 percent of patients with hypertension also have obstructive sleep apnea. By using this information, you understand that there is no attorney-client relationship created by you reading or using the information contained on this website or in this newsletter, article, or blog. How to Get a 100% Disability Rating for PTSD, How to Increase VA Disability Rating from 80% to 100%. Another study, found that people with untreated sleep apnea were 2.6 times more likely to experience cardiovascular complications, such as hypertension. If you already have Type 2 Diabetes that is service-connected through the VA, you can file a claim for sleep apnea as secondary to diabetes. Veterans who are service-connected for diabetes and develop a secondary condition could qualify for VA disability benefits for the secondary disability. By using this information, you understand that there is no attorney-client relationship created by you reading or using the information contained on this website or in this newsletter, article, or blog. Heart Disease. Contri … To establish service connection for sleep apnea on a direct basis, veterans must show evidence of the following: Once service connection is awarded, sleep apnea is then rated under 38 CFR § 4.97, Diagnostic Code 6847 – Sleep Apnea Syndromes (obstructive, central, mixed). If your healthcare provider doesn’t have this form, that’s okay! With type II diabetes, a person’s body either resists the effects of insulin (i.e., a hormone that regulates the movement of sugar into your cells) or does not produce enough insulin to maintain normal glucose levels. Contact us today for a free case review. In order to confirm a sleep apnea diagnosis for VA disability compensation purposes, VA requires that a sleep study be conducted. 2. Veterans, in this post I list more than 50 possible sleep apnea secondary conditions so veterans can win, service-connect, and rate your sleep apnea VA claim in less time.. Diabetes can cause a wide range of other medical issues. Contacting us does not create an attorney-client relationship. A CPAP machine delivers air pressure through a mask while you sleep that is somewhat greater than that of the surrounding air. The reason I am asking is that there are several medical studies that link hypertension, sleep apnea and Diabetes, as well as hypothyroidism available from Johns Hopkins and the Mayo Clinic. I am being compensated for IHD, at 30%. In April 2013, the RO reopened the sleep apnea claim, but denied service connection, and found no new and material evidence sufficient to reopen the tinnitus claim. Obstructive sleep apnea (OSA) is a recognized cause of secondary hypertension. Burn Pits: The Agent Orange for Post-9/11 Veterans, “Other related factors” must be considered in extraschedular analysis. They may not have evidence of an in-service diagnosis or in-service symptoms that a doctor says were probably sleep apnea. A current diagnosis of sleep apnea, as confirmed by a sleep study; An in-service event, injury, or illness; and, A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness. Among the risk factors for OSA, Obesity is perhaps the most important, and the most commonly accepted connection to Sleep Apnea disorders. A claim for veterans disability compensation on sleep apnea, secondary to medication taken for the treatment of PTSD and or other mental health disorders, should have all elements completed before you file. If your VA disability claim based on a secondary condition to diabetes has been denied, the legal team at Chisholm Chisholm & Kilpatrick LTD may be able to help. Agent Orange Symptoms and Effects. VA should guide clinical evaluation and rating of claims for secondary service connection by adopting specific criteria for determining causation, such as those cited above (e.g., temporal relationship, consistency of research findings, strength of association, specificity, plausible Even with the extensive medical research and statistically significant correlations between sleep apnea and post-traumatic stress disorder (PTSD), weight gain, type 2 diabetes and cardiovascular disease, it can be difficult to get VA approval for sleep apnea claims. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. If you are seeking VA benefits for high blood pressure and sleep apnea, you need to file a claim for secondary service connection to receive compensation for both of these conditions. If you have been previously diagnosed with sleep apnea, but have not undergone a sleep study, VA will not consider that sole diagnosis enough evidence to verify eligibility for compensation. In this case, service connection will be awarded without having to provide a medical nexus opinion. If you are going to service connect sleep apnea, Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. Similar to sleep apnea claims, veterans must establish the following three elements when applying for direct service connection for hypertension: (1) a current diagnosis of hypertension; (2) evidence of an in-service event, injury, or illness; and (3) a medical nexus linking the diagnosis to the in-service occurrence. Recent evidence supports the fact that obstructive sleep apnea represents the most prevalent secondary contributor to elevated blood pressure. How Exactly Does RAMP Work for Veterans’ Disability Appeals? Entitlement to service connection for diabetes… On November 9, 2000, the VA announced that Vietnam veterans with Type-II diabetes would now be eligible for disability compensation. Moreover, hypertension can both cause sleep apnea and worsen it. Can You Receive VA Disability and Military Retirement Pay? You will be filing a Fully Developed Claim (FDC) with your VA Regional Office (VARO). The most distinguishing effects of dioxin poisoning are: a. chloracne b. liver dysfunction c. severe personality. Download Forms 21-4142 and 21-414a to complete and submit along with your VA disability for hypertension claim. Veterans with hypertension and sleep apnea may be able to service-connect both conditions. Share this page via Email. Share this page via Email. Veterans who served in some of the following areas during the specified time periods and later developed diabetes mellitus type II do not have to prove a connection between their condition and military service to receive disability compensation or VA healthcare: Importantly, this list does not include Vietnam veterans who served in Thailand, as they are not included under VA’s presumption of exposure. VA Secondary Conditions to Diabetes Mellitus Type II. The Institute of Medicine concluded in its 2000 report, “Veterans and Agent Orange: Herbicide/Dioxin Exposure and Type 2 Diabetes,” as well as in subsequent updates, that there is limited/suggestive evidence of an association between exposure to herbicides and type II diabetes. For hypertension, VA presumes service connection if veterans receive a diagnosis within one year of discharge from military service and the condition is rated at least 10 percent disabling. This allows your upper airway passages to remain open, thereby preventing apnea and snoring. Thus, if a connection between the service-connected PTSD and obesity is established, then sleep apnea can then, in turn, be linked to the PTSD by way of the obesity link.
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