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How to Establish Service Connection for Sleep Apnea in Your VA Claim
Welcome to VA Made Easy!
In this blog, we're diving into an important topic that affects many veterans-sleep apnea. If you've been struggling to connect your sleep apnea to your military service, stay tuned as we break down the two main ways to establish service connection and increase your chances of receiving the compensation you deserve.
**Understanding Sleep Apnea and Service Connection:**
Sleep apnea is a common concern among veterans, often linked to the use of CPAP, APAP, or BiPAP machines. However, many veterans face challenges when it comes to proving the connection between sleep apnea and their military service. In this blog, we'll explore two crucial ways to establish this connection.
**Direct Service Connection:**
Direct service connection involves establishing that your sleep apnea either began or was diagnosed during your active duty. Despite some misconceptions, this is a legitimate approach to linking sleep apnea to service. Buddy statements from fellow service members who observed your sleep apnea symptoms can be a powerful tool in this process.
How to Maximize Your VA Disability Rating for Migraines (Video)
In this episode, Ed breaks down the VA's disability rating for migraines and steps to get to 50%. If you suffer from migraines, this video is for you. It breaks down the four elements you need to pay attention to, and shares examples and tips for proving migraine symptoms to the VA.
Audio only version:
VA Forms mentioned in this episode:
- To apply for VA benefits for a new condition use Form 20-526EZ: https://www.vba.va.gov/pubs/forms/vba-21-526ez-are.pdf
-To provide new evidence if it's been less than a year since you submitted your claim use Form 20-0995 https://www.vba.va.gov/pubs/forms/vba-20-0995-are.pdf
Full transcript:
Ed Farmer [00:00:25]:
How to Win Your Sleep Apnea Claim - VA Made Easy Podcast (Video)
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.
Audio only version:
VA Forms mentioned in this episode:
- To apply for VA benefits for a new condition use Form 20-526EZ: https://www.vba.va.gov/pubs/forms/vba-21-526ez-are.pdf
-To provide new evidence via a statement after denial use Form 20-0995: https://www.vba.va.gov/pubs/forms/vba-20-0995-are.pdf
Full transcript:
00:00:00:00 - 00:00:23:08
Hey guys. Welcome back to VA made easy. If you missed the last episode, go ahead check it out about the Pact act and how you could use it to increase your rating. This episode, we're gonna talk about sleep apnea. I see a lot of veterans applying for sleep apnea, and I get why if you use a CPAP machine or APAP or BiPAP, I mean, you're entitled to a 50% rating.
Pact Act - a Short Guide for Veterans - VA Made Easy Podcast (Video)
In this episode, you will learn what the Pact Act is, what is covered under it, and how you can use it to win your VA claim.
Audio only version:
VA Forms from this episode:
To describe your symptoms use Form 21-4138 https://www.vba.va.gov/pubs/forms/vba-21-4138-are.pdf
To allow the VA to obtain your medical records use Form 21-4142 https://www.vba.va.gov/pubs/forms/vba-21-4142-are.pdf
To provide new evidence after denial use Form 20-0995 https://www.vba.va.gov/pubs/forms/vba-20-0995-are.pdf
To apply for VA benefits for a new condition use Form 20-526EZ https://www.vba.va.gov/pubs/forms/vba-21-526ez-are.pdf
Full Transcript:
00:00:06:19 - 00:00:29:09
Hey, guys. Welcome to the VA made easy. Today we're going to talk about the Pact act that I'm sure many of you have heard of the pact. The received letter from the VA encourages you to file claim, but you're not quite sure what it does or how it works. So on this episode, I'm going to teach you about the pact that how you could use it to increase your VA disability rating.
Flare-ups and Functional Loss: Obtaining a Higher VA Rating for Your Service-Connected Joint Disabilities.
Are you receiving a 10 percent rating for your service-connected back injury, but there are times when the pain is so bad that you can't pick something off the floor? Perhaps, you have a 0 percent rating for your knee but due to weakness, you can't climb up the stairs? You think you surely should be receiving a higher rating due to the limitations your disability imposes upon your life. If this sounds familiar, you are not alone.
The VA frequently underrates back and joint disabilities. The laws and regulations concerning how the VA must rate back and joint injuries are complex and confusing. Many times, it's easier to assign a lower rating than trying to correctly apply the law and the correct rating. This article helps explain the factors the VA should take into account when rating back and joint disabilities. It also provides some ideas on how to ensure you are receiving the highest rating possible.
How does the VA rate back and joint disabilities?
Most joint disabilities are rated based on a limitation of motion caused by the disability. For example, under the VA rating schedule, a Veteran is entitled to a 20 percent rating for a lumbar spine injury if he can flex his lumbar spine forward between 31 and 60 degrees. However, a Veteran may be entitled to a higher rating when there is evidence that the disability causes additional functional loss due to pain, weakened movement, excess fatigability, and lack of coordination.
Court Rules Blue Water Navy Veterans are Entitled to Agent Orange Benefits
The Agent Orange Act states that the VA must presume that veterans "who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975" were exposed to herbicides, including Agent Orange. This Act made winning VA disability claims much easier by eliminating the need for most veterans who served in Vietnam to prove that they were actually exposed to Agent Orange. However, the VA has long interpreted the term "Republic of Vietnam" to mean veterans who stepped foot on Vietnam soil or served in the inner waterways of Vietnam.
This interpretation has resulted in tens of thousands of "Blue Water" Navy veterans being excluded from the presumption of Agent Orange exposure and being denied their VA disability benefits. Blue Water veterans are those veterans who served aboard ships in the open waters off the coast of Vietnam during the Vietnam War, and who did not go ashore.
Risk for Infection, Including Pneumonia and Legionnaires’ Disease, in the Veterans’ Nursing Home Setting
When the difficult decision is made to put a loved one into a nursing home, it is expected by the family that the health and safety of their family member be made a top priority.
Included with our loved ones' health is the duty to keep them from suffering from preventable infections. One such preventable infection that has been widely discussed as of lately is Legionnaires' Disease, a severe form of pneumonia, or inflammation of the lungs. Unlike other infections, Legionnaires' Disease cannot be spread from person to person contact, but instead is acquired by inhaling microscopic water droplets, such as those found in ventilation/air condition units, mist sprayers, or other plumbing systems.
Legionnaires' disease recently became noteworthy due to an outbreak that occurred at the State of Illinois owned, Veterans Home in Quincy, Illinois in 2015, leading to the deaths of several residents. Further, as recently as January 2019, another Veteran, a resident of the Manteno Veterans' Home, was diagnosed with the life-threatening infection.
Compensation Available to Servicemembers’ For Violations of the Military Lending Act
What is the Military Lending Act?
The Military Lending Act (MLA) is a law designed to deter lenders from charging excessive fees and interest rates, establishing unrealistic payment schedules, and taking advantage of U.S. military servicemembers. Violations of the MLA may result in monetary compensation to servicemembers or a refund of the money paid to the lender.
What Compensation is Available Under the MLA?
Lenders who violate the MLA may be liable to a Servicemember or their dependents for:
- Actual damages, but not less than $500 for each violation
- Consequential and punitive damages
- Other appropriate relief including a refund of all fees and interest paid to the lender
Who is Covered Under the MLA?:
The MLA applies to active-duty servicemembers, Reserve and National Guard on active duty, and their dependents. Active duty means being called up or ordered to serve more than 30 days
Your Loved One Has Bedsores, Who can Help?
Imagine visiting your mother or father at the nursing home and seeing strange marks on their skin. Discovering these bedsores can be stressful and can cause confusion about what to do. Bedsores can become extremely painful and even require extensive surgery if left untreated.
A patient's bedsores are a sign of neglect and knowing how to deal with them is vital. A caregiver's priority to someone who is enduring bedsores is to stop the neglect and restore their well-being. Holding medical staff responsible helps remedy the ailment which begins with seeking proper support.
So, what do you do? Performing the two steps below can save your loved one's life and help compensate them for the cost inflicted by their pain and suffering.
1. Alert the nursing staff or attending physician immediately
Your loved one's health is a priority and alerting the staff as soon as possible can prevent serious injury. (Click here for more information on preventing bedsores.) Do not be afraid to be persistent. Staff members may be difficult to deal with because the damages caused by bedsores may be extremely costly to the medical facilities, or they do not want to be held accountable. Nursing homes may even try to transfer your loved one out of their care to reduce liability. To prevent further suffering, promptly notify the nursing home staff.
A Veteran’s Guide to Renting vs. Buying
Renting versus Buying, a battle for the ages? Let me first start off by saying that home ownership is not appropriate for everyone. I am not here to convince you to purchase a home if that is not your desire. There are many factors as to why it would not be a wise choice at the time. If you are looking to buy or are on the "fence" allow me to explain why homeownership is more advantageous than renting. (Home buyers should be confident in job security and not looking to relocate in the near future)
The biggest benefits to home ownership include capital appreciation of property, property tax write-offs, and mortgage interest deductions. As a renter, you will NEVER build up equity in the place you are renting. All you are doing is paying down your landlords' mortgage while helping them build up equity.
A good way to further this argument is to address many of the concerns I hear point by point:
- I can't afford the down payment!
- You can purchase a home with as little as 3% down for conventional loans and NO down payment for qualified veterans.
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