My local VA hospital contacted me two months ago asking me if I was interested in a sleep apnea evaluation I said why not they then gave me an appointment for the sleep study I came in and took home the unit to undergo the study while I slept, three days later they are calling me that I require a CPAP system because they found me in a precarious position. If they never had told me I would have never known. By the way I received your book. “VA CLAIMS SUCCESS “ now my buddies are after my book, I told them to order it from you, it is a fine resource for information . Thanks
No problem. Thanks again for the support. 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.
Excellent thorough video. Thank you for the help. I just got a sleep study done and to my surprise, I ended up with a sleep apnea diagnosis and CPAP issued. I have been told By my spouse my sleeping wasn’t normal for years and I should have listened a long time ago I left almost 20 years of compensation on the table for not knowing, I’m happy my fellow vets are getting help and resources they need to acquire their benefits. I should have gotten a sleep study done in the military they just told me I was a heavy sleeper lol. I used to go to sleep standing up, only to wake up on the ground bleeding, I thought I was just always tired because of the sleep deprivation I had at the time but I guess that's not the case.
Now it's time to learn where does it fall under the five ways of service connection. 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.
Much appreciated. 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.
This is information that would have helped 15 years ago 😮 I had two surgeries due to calcium deposits growing from micro fractures near my sinuses that happened while I was serving active duty made sleeping very difficult with one sinus passage almost completely blocked. The surgery to correct this was very unpleasant and left me in the ICU for a total of 9 days with the two surgeries. The only thing delaying my service related was nobody could find my service or medical records for 38 years so no help from the VA thank you for making records available not totally screwed me over as a vet
I can't say as only the VA employee reviewing the claim would know that. It's a waiting game sometimes. Do you want to be educated on the VA claims process, connect with us at www.kmd89.com "Don't Be Frustrated, Get Educated"
Money my brutha!! I’ve got a c&p coming up soon for it. Claimed it secondary to ptsd. All of the evidence needed that you touch on I have. Got a severe obstructive diagnosis with cpap and support statements. I feel better about my chances after seeing this. Thank you.
Mr. Kimble I appreciate your wisdom and knowledge as it pertains to the VA Rating system. I have learned a lot from your videos. Thank you and God bless you and your family.
Dewayne... you're brilliant! This video pinpoints exactly how I can connect my OSA as a secondary condition to my presumptive SC condition found in 3.316 and 3.317. VERY informative! I am very appreciative and grateful that you've put this info out here... thank you!
I took a different route. I had nothing in my file for sleep apnea. I friend suggested I file for sleep apnea as a disability. The VA then sent for a sleep study for my c&p and I was diagnosed with mixed (obstruct and central) sleep apnea. However, no service connection so now I have to figure out how to connect the sleep apnea. I took my sleep study results to my VA primary and now I’m expected to receive my cpap machine in a few days.
Good evening from Puerto Rico, great blog, glad I found it. That said, I just went through my C&P exam for sleep apnea secondary to chronic rhinitis. How long should it take for a VA rater to determine a rating? Rhinitis and chronic sinusitis is rated as service connected through The Pact act presumptive, I also didn’t have the DBQ, but could see it at the C&P exam. Thank you in advanced, keep at it.
There is no set time frame and depends on several factors. It could be sooner or later. The DBQ's are on the VA's website. Thanks for supporting the 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/
I'll still say declining your C&P is the quickest way to a denial. I know because I was the one who had all the evidence based on my conditions in service and they ignored everything when I skipped the C&P. If someone wants a combatative route to a rating then go ahead and skip it.
Remember, every claim is different. I had an actionable DBQ and I knew there was no reason for the VA to schedule a C & P exam. I refused it and was ready to fight and I did. In the end, they used my DBQ because I made sure that my evidence was correct. Every claim is different.
😡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"
Most vets don’t know that they can decline a C&P exam if they have independent medical opinions (including myself). That’s a big take away from most of your videos.
@@DewayneKimble Thank you for being ethical and honest. I ran across a clown on TH-cam who "Coaches" vets on how to sway the objective opinion of their C&P examiner.
Make sure you watch my video on sleep apnea as intermediate step to obesity. 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
I was diagnosed with sleep apnea after retirement and rec'd a prescription for cpap machine. I had seen dr while on active duty for sleep disorder, sleep fatigue, etc. but they never conducted a sleep study. I filed for disability with nexus from dr and was still denied. In my claim, I found out I have a stress fracture in my foot from 2-time foots surgery while on AD. Also, they found that arthritis had built up around my surgery area, denied increase for that as well.
There it is, 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/
You have to remember if the VHA diagnosed you with something doesn't mean it relates to automatic service connection on the VBA side. They are separate
Its really hard if you encounter a non-pro-veteran, just like my expirience at Baypines. That DR slams the Walter Reed 2010 study about PTSD and OSA lol! Duty to serve did not exist at all, just like that infamous Dr lanska from wisconsin VA lol!
That's one of the same reasons many veterans go with DBQ's. 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/
Hey Dwyane, Happy Holidays!! Long time viewer and ur videos are very spot on. Currently, I have a C&P for Sleep Apnea (Supplemental claim). Was denied in 2018 for no nexus and a bad personal statement. Now I have strong personal statements, Nexus Letter with a DBQ similar form and highlighted VA sleep study results. My question is Aside from bringing in a DBQ to my exam, should I take M21-1 and CFR 38 documents in support of Sleep apnea as well? 💪
Happy New Year and thank you for the support on my channel. I'm going to attach a video of the five ways of service connection: th-cam.com/video/bofikWEOz0M/w-d-xo.html and what about the nexus statement with the DBQ.
@@DewayneKimble Thank you for the video tag, I've seen it a few times haha. The form I received from the doctor isn't a DBQ but one her office generates to supplement a DBQ. Which is probably why I was scheduled for an upcoming. C&P. I plan on taking the Sleep Apnea DBQ with me to the appointment since I hear horrible things about sleep apnea claims going bad. Any recommendations or advise?
Great Video. Thank you for all the knowledge you give us. However, one subject puzzles me. If I was diagnosed with sleep apnea while I was Active Duty. Also, If I conducted a sleep study , and issued a CPAP Machine while I was on Active Duty, will I still need to have an Event in Service like a Car Wreck to file a direct claim ? I have all the documents proving this. The only thing is that I do not have an event to name the cause. I just conducted a sleep study, got diagnosed, and issued a CPAP all while I was on Active Duty. Is that enough for a Direct-Service Claim ?
There is no VA requirements for multiple events. The sleep study from service is the event. Don't forget my new book: www.amazon.com/s?k=va+claims&crid=16BT5WIDDQD95&sprefix=VA+Claims%2Caps%2C103&ref=nb_sb_ss_ts-doa-p_4_9
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 ?
"I am writing to inform you I received the results of your outside sleep study. You were found to have moderate obstructive sleep apnea. You will need a CPAP to treat your sleep apnea. I have ordered you an auto CPAP. You will be contacted by our vendor..." That is a direct quote from my records that I am currently looking at. Is that enough for a rating?
I am trying to get to P&T but have already been evaluated at 90%. What should I claim to have the best chances? I was thinking scheduling a sleep study and also going for migraines because I have been suffering from both. Appreciate your videos, its making me get back on the hunt for the last 10%
@@DewayneKimble it would most likely be a secondary service connection, because my major disability area is in “anxiety, depression, insomnia” they put it in one big category
Great vlog. I just retired and currently waiting for my VA rating and one of which is sleep apnea. I have a CPAP machine from a sleep study while on AD. My question is, will I get the full 50%? Another words can it be lower for some reason?? You are only guaranteed a rating once you receive it and on paper!
Thanks for the feedback. I can't state what the VA will provide in a rating. If you claimed it on a direct basis (and you meet those requirements), the rating schedule criteria is a diagnosis of sleep apnea with a breathing assistance device such as a CPAP is 50 percent.
Thank you dewayne another great video. I had a sleep study done in 2018 by a privet doctor diagnosed with severe sleep apnea I filed my claim got denied. 2 weeks ago filed a supplemental claim provided a buddy statement a statement from my wife and one from me do you think the va will send me to another sleep study
I’m a national guardsman. I filed for sleep apnea as a direct service connection. I got my referral, diagnosis, and CPAP machine while on title 10 orders. I sent all that up with my DD214 and I was told I need to do a C&P exam for TERA. Can you tell me a bit on how this next step affects my claim? Thanks!
Every claim is different. The process is when you submit a claim, the VA will determine if you need an exam and you are at that stage. 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 reply, and all your videos! I bought your book through Amazon last week, so no autograph. Maybe for your next book. The only thing I was wondering about was this TERA exam. Not many people have much to say on it. I’ll continue reading the book though. Great stuff!
Only more click bait on TH-cam about it. The 50 percent with CPAP is still in the rating schedule. 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.
2 Sleep studies from VA. Sleep still sucks to this day. Sleep Apnea is secondary to PTSD but it's still not service-connected which means no compensation! I gave up on it.
I have a tinnitus disability and was just awarded disability for chronic rhinitis and chronic bronchitis. The rhinitis and bronchitis are issued as presumptive to service and Agent Orange. I did a sleep study at VA and have OSA. Was diagnosed a decade ago by civilian doctors but I’ve moved three times since then and lost track of who was who….no way to get any supportive documents…… I’m thinking the OSA is linked to the tinnitus and rhinitis. Is it logical to go for a secondary for the OSA and link all that up? I also have hypertension but it doesn’t rise to any compensable level.
A medical doctor would have to make that 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/
I got Diagnosis for sleep apnea and required to use a CPAP. I am filing for rhinitis where I need turbinate reduction surgery because of the PACT act. Can I file both claim’s together even though sleep apnea is secondary to rhinitis (which technically not rated yet)?
Yes, you can. 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 had a C&P exam that the examiner only wanted to do the DBQ only. She did not wanted to know anything else. I realized that she did not read my medical file.....I am waiting for the denial letter any day now so I can appeal....This was on remand from BVA...
@@DewayneKimble they denied the claim...but that's ok...I'm filing a Supplemental as secondary to MDD and Cronic Pain Syndrome...with a nexus from a specialist
I use a CPAP from the VA already, from a VA sleep study. I put in a claim for Sleep Apnea. Secondary to my VA compensated knee injury that basically prevents me from getting needed exercise. The reasoning being becoming obese (causal for sleep apnea) from a lack of exercise because of my knee injury which is VA compensated. Does that sound viable?
Morning, you can send a message through our website. Please see our educational services and then send the message. www.kmd89.com/appointments-3 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/
The VA sending me to sleep study. Not sure if that's a good thing or not. I definitely have sleep apnea. So once I get my results back do I have to put in a claim or the VA just give me a rating from my results? I never put in a claim for this matter, but my Dr. at the VA is sending me to the sleep study. Thanks my guy if you see this.
Remember, just because you are given a diagnosis on the VHA side of the VA, you can go on the VBA side and get service connection. Where does it fall under the five ways of service connection and what is the criteria for each one of the service connections???
@@DewayneKimble OK cool. Once I get my results I'll understand what's going on and see what the VBA side of things. Thanks for the info. I'll will update you in the next few days.
@@kobeplayeddefensetoo1351 I did three videos on the 5 ways of service connection (5 ways of service connection, Step 1 of VA claims process etc.). Check them out if you have time, I'm sure they will shed some light. Thanks
If you're filing for sleep apnea secondary to PTSD & you have a solid nexus letter (IMO from a credible physician), wont they still deny your claim if you refuse to show up for a scheduled C&P exam? I didn't know that you could just "not show up" for a C&P exam even if you had a solid case (diagnosis & strong nexus).
If the nexus letter (medical opinion and rational) are sufficient for rating purposes and completed correctly, it would be up to the veteran if they want to attend the C & P exam and fight it if they are denied. It appears in some cases that VSRs are requesting C & P exams when they don't have to. Why this is happening, I don't know. Ensure you are educated on if this happens to you and what your options are as a veteran.
Hi Dewayne, I am at the end of an appeal for my condition of OSA condition. Got BOA SSOC and waiting for my new court date. I missed some deadlines and C&P Exams due to my work schedule. Is this something your team can shed some light on? I'm buried in paperwork trying to figure out.
You can ask them to re-schedule the exams. I have a video on this topic, you can search for it 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/
This was granted by a BVA judge. What does this mean? Thanks in advance, JB. Entitlement to service connection for obstructive sleep apnea (sleep apnea) to include as due to service-connected PTSD is granted. FINDING OF FACT Affording the Veteran the benefit of the doubt, it is at least as likely as not that his sleep apnea onset during active duty. CONCLUSION OF LAW The criteria for service connection for sleep apnea to include as due to service- connected PTSD have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.
My military medical chart is filled with complaints of problems sleeping but was never referred to have a sleep study. I complained to VA about my sleeping problems and would not refer me for a sleep study until one day a APRN happened to read and ask me about my sleep problem and referred me to have that study. That VA referred me for a sleep study that proved I had sleep apnea (don't know which kind) . I was prescribed a CPAP. My question is can I refile for sleep apnea despite having a pending mental health case with VA which was confirmed only yesterday for evaluation? Should I wait or can I go ahead and file again and what are the pro's and con's?
Yes you can make sure you follow the criteria when filing a previously denied 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/
My blood pressure medicine is cause me sleep disturbances where I cant breath waking up screaming and have to walk out the room feel like if I don't I'm going to die
I'm wondering, even if you have supporting evidence and they schedule you a C&P and you're a no show. Wouldn't that give them an excuse to flat out deny your rating. I was diagnosed with sleep apnea while in service (mild no cpap needed) and was told "not service connected" Was in for 20 plus. Just did another sleep study and need a cpap had to go get an IMO making the nexus and a DBQ. I'm hoping this one works out. C&P exams are always a crap shoot or luck of the draw for a good examiner.
@@DewayneKimble I put erectile dysfunction as a secondary I put sleep apnea as a new claim because I had no idea if it had to deal with depression . I have a c and p exam I have medication paper tags and my sleep test results and buddy statements . I'm also on a apap.
2013, I went to VA about my sleep apnea. The test shows that I am server. CPAP machine was issued to me. In 2018, I was inform from the DAV I should get 50%. A couple of months pass. VA gave me 20%. Is there anything that I can do to increase the 20%?
I just filed a claim for sleep apnea secondary to PTSD. I was wondering if the VA will be sending me for a C and P exam? Should I try and get a NEXUS letter?
Hey sir thanks for all the Information. I have a question. If I recently completed a sleep study while in active duty service. Would there be any reason the comp and pen would want another sleep study if the one I did a few months ago showed sleep apnea?
How long is a completed DBQ valid? I had a DBQ completed for a different disability while I had an open claim, and it took about a year and a half to get a rating decision.
When I rated, the oldest one I saw was one 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/
Quick question, I was diagnosed with obstructive sleep apnea after a sleep study done by the VA. I was referred by a VA cardiologist because I have an arrhythmia which is already service connected and rated. I am preparing my claim for sleep apnea now because the sleep apnea is related to my service connected heart arrhythmia. Would I still have a C&P exam even though everything was diagnosed at the VA?
VHA and VBA are separate. If you are diagnosed through VBA, it's not a given that you will be service-connected through VBA. Where does the condition fall under the 5 ways of service connection.
@@DewayneKimble I have a service connected rating for Supraventricular tachycardia (SVT) which I acquired shortly before I exited active duty. This has been established for 10 years now. My PCP with the VA wanted me to consult with a cardiologist which I did. Long story short, in trying to find the exact cause of my arrhythmia, the cardiologist suspected sleep apnea and ordered a sleep study. So my sleep apnea is connected to my SVT which is already established as service connected.
I need some help I got out the army July 95 in the beginning of 95 I had hammer toe operation during the operation the doctor said I was snoring loudly and my breathing stop numerous times she said I had sleep apnea she scheduled a sleep apnea test I had the test results was bad case of sleep apnea they schedule an operation to remove various parts of my mouth the operation was performed off post I was in Ft Sill ok all this was done before I ETS now in 2015 I made a claim against the VA and was denied said lack of evidence that it was service connected I think because there was no proof of the operation in my medical jacket but he looked in my mouth and seen the proof
I have SA, VA even issued a Cpap, but has twice denied me for SA. I just got awarded 60% for Quality of Life claim. Can I NOW get them to add SA to my rating?
22 years ago I was service connected for asthma. I recently submitted for an increase to my asthma because I am now taking Advair and my asthma got worse. My doctor this month diagnosed me with sleep apnea and prescribed me a CPAP. What do I need to get a secondary basis of Sleep Apnea?. Can I relate it to Asthma? Also I live in Punta Gorda, Fl. I am a desert storm/shield veteran. Thanks.
Im a vet in 2018 i was diagnosed with Stage 4 Sarcoidosis Pulmonary fibrosis due to burn pits during my time in Iraq. I was awarded 100% disability for Sarcoidosis 100% and PTSD 70% but now i believe i dealing with sleep apnea i have a sleep study scheduled in November. i have been having extreme sleeping difficulties. if im diagnosed with sleep apnea will i have to add this to my existing disabilities and will this increase my VA Compensation further or not as i am already receiving 100% Compensation with SMC pay already. I ask be cause I've read that Sarcoidosis of the lungs has a direct contribute to sleep apnea.
Mr. Kimble how are you? If I'm rated for rhinitis, asthma, and gastro acid reflux. Each one at 10% and sinusitis at 0% and the VA did a sleep study on me in 2016 and diagnosed me with sleep apnea and gave me a CPAP machine. I tried to file for sleep apnea and got denied. Then it was put in as secondary to my other rated disability and I was still denied. I just recently filed again and they are sending me to a doctor appointment for sleep apnea but not for a sleep study. Could they go back even if missed the re file date. Is there any advice or what I should expect on this appointment?
I'm doing well, thanks. I did a series of videos on the 4 steps of the VA claim process. They started on June 29th and ran through July 22nd. That should help. Thanks
I like the information, i am curious, I was honorably discharged in jan 2014 I was married in mar 2015 my wife stated when we moved intogether that she noticed i stopped Breathing in my sleep, as a former medic i knew what that meant. i called and was given a sleep study in may of 2015 and diagnosed with sleep apnea. but they refused to service connect it as it had been more than a year. the problem is, that i slept alone for the last 5 years of my military career, and one year after, how was i supposed to know? what are my options?
Hi Mr. Kimble, I just got diagnosed with OSA, the VA is giving me a CPAP machine. What is the best way to link it to service connection? Is it better to use a private doctor or will a VA doctor do a nexus letter ? Please help ! It would be secondary
First you have to figure out where it falls under the five ways of service connection. If you want to do it secondary, to what S/C condition. You will need a DBQ as well. You can go either way with the doctor. If you do a private doctor, you will have to look at some of my videos on DBQ's because some VA employees are refusing the use them. 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/
Mr. Kimble, when you send the fax to the VA for copy of records, do we have to use any special forms or can it be any letter? I am particularly interested in obtaining the medical records from active duty time. Thank you
@@DewayneKimble Right before the description of the request, VBA-21-4138-ARE is referenced so I was wondering whether we could use this form to VA when faxing or mailing out. Thank you for your reply!
How do I request a sleep study? Can my primary care request one for me? I have a lot of symptoms of sleep apnea. Should I be waiting on this while I build a case for ptsd and ssd first? Or, can I file sleep apnea secondary to my costochondritis? I just had my c&p exam last week and am being requested by the Va to have a pulmonary function test done to either combine it with a respiratory condiron? My in progress claim will put me at 90% because I’m at 84% based on the combined ratings table. Im just going through my diagnosis to push my rating to 100% as I have enough conditions that would be put at 100%.
Yes, they can put in a request for you. When you file would be up to you. I did a video on my channel where I discuss secondary claims secondary to secondary. 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/
Not all VA employees use it and then the vet has to fight. 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/
Hey sir thank you for all your information. Got a question I was hoping you could answer if possible. On active duty, I did a sleep test ( 30 sept 2021 was the test date I believe). Test showed I have OSA and reccomended a cpap. However, I separated prior to getting my cpap due to it taking a long time to get appointments (Covid) I separated late Oct 2021. Think I will have issues if I was diagnosed in service but don’t have my cpap yet? Thanks for any help again. Happy holidays.
Does it meet the three elements of direct service-connection: current diagnosis, link to service (injury, disease, diagnosis, treatment and/or complaint) in service, and final nexus.
@@DewayneKimble also I don’t know what’s considered current in terms of diagnosis. A year? A couple mo? I’m Sure it’s outlined on the requirement somewhere?
What about Sleep Apnea via Obesity as an Intermediary Step as a result of service connected foot-knee-ankle injuries, thus affecting Veterans ability to exercise
Not added in my previous comment, my sleep apnea was confirmed by a sleep study. So, would it be in my interest to get a medical opinion and also go to the CP exam if they schedule it.
@@DewayneKimble thanks. So reading between the lines C and P + plus a positive doctor's opinion might increase my chances? What concerns me if the C and P and doctor's positive opinion clash. I'm leaning on just going to the C and P and see what happens. Dewayne Kimble does that sound at least logical? I know you don't want to give a opinion I can do a appeal is I'm denied based on a negative C and P right?
Hello. I watched your video and while listening to what you said, I came up with the conclusion that I could claim sleep apnea secondary to asthma. I am already rated for asthma. Is that something that I can do? Thanks in Advanced
I don't know, would have to look back through the historical rating schedule to see when it was added. 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.
More information is needed, and do you meet the criteria. Also, depending on how you claimed it, will the examiner say yes. 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 Obstruvtive Sleep Apnea 2 Sleep Studys WITH 50+ episodes of the stop Breathing Episodes per hour I have a The following on My Medical Record...Asbestos and Asthma is this contributing Factors? This is Asbestos Asthma From working below Decks?
@@Carlos-vp2bm You have to make sure those are completed correctly and sufficient for rating purposes. If you go to the C & P exam and they provide a negative opinion, the RVSR will go with that negative opinion over your positive opinion.
I got denied for sleep apnea as secondary to pstd. The c&p stated in her dbq that it my sleep apnea was due to being overweight. I am using a cpap as of 8 months ago and did a sleep study confirming my condition. But I have no other complains about bad sleep in service. I started complaining about it about 5 years ago but only got diagnosed 8 months ago. Can you advice me what to do next?
I don't advise, only educate veterans on the claims process. If the rational for the negative opinion states it's due to something other than PTSD. Per the VA regulations, you can submit a medical opinion from your own doctor as it pertains to PTSD being the cause of your sleep apnea.
@@DewayneKimble I went back and forth though my health vet messaging to the sleep clinic and the person on the other end replied there is no link between pstd and sleep apnea. He refused to provide a medical opinion letter. I only have the va as a medical provider. I was also told over the phone from a va employee that upper management informed them not to fill out medical opinion letter as of 6 months ago or so.
We can review your rating decision and give you an explanation. Also, let you know your options for a higher percentage and the diagnostic code criteria and possible effective date. www.kmd89.com/services
Yoo so when you have a positive nexus from your private doctor and a negative one from the VA doctor that should fall under that one rule that the "benefit of doubt" should go to the veteran. So wouldn’t going in with several private nexus letters help the weight of the opinions? Like going in with 4 positive nexus letters vs VA one negative the veteran should win that right?
@@DewayneKimble yes sir. So 4 positive nexus letters and a positive dbq should outweigh the VA dbq and opinion and should get the benefit of the doubt in favor of the veteran? That's what I have as ammo going in trying to connect sleep apnea with depression/ptsd hopefully it works.
Hi dewayne. Thanks for this video. I just got 90% but I didn’t think to include sleep apnea. I have 70% for anxiety/depression 30 for migraines, and 40/20/20 related to back. I also and service connected deviated septum, which they didn’t raise above 0, even though I’ve had two surgeries at the va for nose and it still bothers me. I was diagnosed with sleep apnea in 2020 and I suspect it is a direct result of my deviated septum (but what do I know). How should I go about trying to connect the dots? I told I complained to my va doc last month about my nose/breathing issues and she just advised me to buy Flonase from Walgreens… Edit: I do use a cpap machine. I have a sleep study diagnoses
Sounds like several moving parts. We can do a one on one and go over the five ways of service connection and what the requirement is for each one. www.kmd89.com/services
Hi what if I got a referral during demob. ? I have symptoms of OSA provider wrote referral “due to OSA adult.”I am waiting for VA to schedule sleep medicine at home or record which will be after my active duty orders expire.
Demob? Where does OSA fall under the 5 ways of 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/
My local VA hospital contacted me two months ago asking me if I was interested in a sleep apnea evaluation I said why not they then gave me an appointment for the sleep study I came in and took home the unit to undergo the study while I slept, three days later they are calling me that I require a CPAP system because they found me in a precarious position. If they never had told me I would have never known. By the way I received your book. “VA CLAIMS SUCCESS “ now my buddies are after my book, I told them to order it from you, it is a fine resource for information . Thanks
Thanks for sharing and thanks for the support to the book. It's a game changer.
I really appreciate all the help in my case. Your insight open my eyes and gave me ways to win my claim for sleep apnea.
I'm pleased to hear that and congrats on obtaining your benefits.
Crystal clear. Thank you for another great EDUCATIONAL VIDEO. Thank you for your service Mr. Kimble, and continued SELFLESS SERVICE.
No problem. Thanks again for the support. 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.
Got a sleep study from VA have sleep apnea they gave me a prescription for a CPAP. Did my claim for sleep apnea being secondary to my major depression
Good luck going forward with your claim.
Did you ever get service connection for Sleep Apnea?
Excellent thorough video. Thank you for the help. I just got a sleep study done and to my surprise, I ended up with a sleep apnea diagnosis and CPAP issued. I have been told By my spouse my sleeping wasn’t normal for years and I should have listened a long time ago I left almost 20 years of compensation on the table for not knowing, I’m happy my fellow vets are getting help and resources they need to acquire their benefits. I should have gotten a sleep study done in the military they just told me I was a heavy sleeper lol. I used to go to sleep standing up, only to wake up on the ground bleeding, I thought I was just always tired because of the sleep deprivation I had at the time but I guess that's not the case.
Now it's time to learn where does it fall under the five ways of service connection. 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.
Thanks brother. Very articulate. Great communicater. Semper fi
Much appreciated. 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.
This is information that would have helped 15 years ago 😮
I had two surgeries due to calcium deposits growing from micro fractures near my sinuses that happened while I was serving active duty made sleeping very difficult with one sinus passage almost completely blocked.
The surgery to correct this was very unpleasant and left me in the ICU for a total of 9 days with the two surgeries.
The only thing delaying my service related was nobody could find my service or medical records for 38 years so no help from the VA thank you for making records available not totally screwed me over as a vet
I can't say as only the VA employee reviewing the claim would know that. It's a waiting game sometimes. Do you want to be educated on the VA claims process, connect with us at www.kmd89.com "Don't Be Frustrated, Get Educated"
Money my brutha!! I’ve got a c&p coming up soon for it. Claimed it secondary to ptsd. All of the evidence needed that you touch on I have. Got a severe obstructive diagnosis with cpap and support statements. I feel better about my chances after seeing this. Thank you.
Good luck on the C & P, let us know how it turns out.
Did you have a positive outcome? I'm about to do the same. Thanks
Superb work. Thanks Dwane for your high level of CARE you put into all your viedos! Your usmc brother.
First time on the channel… Marine! Love your channel and I especially love your intro. 100%
Mr. Kimble I appreciate your wisdom and knowledge as it pertains to the VA Rating system. I have learned a lot from your videos. Thank you and God bless you and your family.
Thanks for the positive feedback and it's my mission to educate veterans on this process.
Dewayne... you're brilliant! This video pinpoints exactly how I can connect my OSA as a secondary condition to my presumptive SC condition found in 3.316 and 3.317. VERY informative! I am very appreciative and grateful that you've put this info out here... thank you!
Glad you enjoyed the video and be on the lookout for more to come. Good luck with your claim.
Is there a possibility to win a claim of sleep apnea secondary to tinnitus?
I took a different route. I had nothing in my file for sleep apnea. I friend suggested I file for sleep apnea as a disability. The VA then sent for a sleep study for my c&p and I was diagnosed with mixed (obstruct and central) sleep apnea. However, no service connection so now I have to figure out how to connect the sleep apnea. I took my sleep study results to my VA primary and now I’m expected to receive my cpap machine in a few days.
It will have to fall under one of the 5 ways of service connection.
Bruh this is GOLD!!! Thank you
Your welcome thanks for the feedback.
Good evening from Puerto Rico, great blog, glad I found it. That said, I just went through my C&P exam for sleep apnea secondary to chronic rhinitis. How long should it take for a VA rater to determine a rating? Rhinitis and chronic sinusitis is rated as service connected through The Pact act presumptive, I also didn’t have the DBQ, but could see it at the C&P exam. Thank you in advanced, keep at it.
There is no set time frame and depends on several factors. It could be sooner or later. The DBQ's are on the VA's website. Thanks for supporting the 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/
I'll still say declining your C&P is the quickest way to a denial. I know because I was the one who had all the evidence based on my conditions in service and they ignored everything when I skipped the C&P. If someone wants a combatative route to a rating then go ahead and skip it.
Remember, every claim is different. I had an actionable DBQ and I knew there was no reason for the VA to schedule a C & P exam. I refused it and was ready to fight and I did. In the end, they used my DBQ because I made sure that my evidence was correct. Every claim is different.
Thank you for this information. This topic can be very confusing. Thank you for this video. Have a great day sir.
Thanks for the feedback and glad you found the video educational.
😡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"
Dewayne, "...took the oxygen." That was good. Thank you Mr. D. So much so, you ever get to Miami, dinner is on me D.
Douglas~
I'm going to hold you to that. I want to make down that way to do some training with Real World Tactical.
@@DewayneKimble Why rwt? All you need is a range. Broward has a good one.
Are you a hipshooter or do you do the aim-game?
Most vets don’t know that they can decline a C&P exam if they have independent medical opinions (including myself). That’s a big take away from most of your videos.
As long as the DBQ, medical opinion, rational (nexus statement) is sufficient for rating purposes.
@@DewayneKimble Thank you for being ethical and honest. I ran across a clown on TH-cam who "Coaches" vets on how to sway the objective opinion of their C&P examiner.
@@yatessmyrna We aim to educate veterans on this process.
You can decline a C&P exam, but you can’t decline an ACE exam.. your shit outta luck with that one…
This happened to me. Conflicting medical evidence…
I filed OSA secondary to service connected MDD via wieght gain. In review stage with VES records
Make sure you watch my video on sleep apnea as intermediate step to obesity. 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
I was diagnosed with sleep apnea after retirement and rec'd a prescription for cpap machine. I had seen dr while on active duty for sleep disorder, sleep fatigue, etc. but they never conducted a sleep study. I filed for disability with nexus from dr and was still denied. In my claim, I found out I have a stress fracture in my foot from 2-time foots surgery while on AD. Also, they found that arthritis had built up around my surgery area, denied increase for that as well.
The claim complex and it sounds like your documentation will have to be reviewed. www.kmd89.com/services
Fantastic, informative video Dewayne! Question. I have chronic insomnia. Where does insomnia fall in this "sleep" spectrum? Thanks.
Morning, it would possibly fall under mental unless it is considered a respiratory condition.
I should have gotten a DBQ along with my nexus statement.
There it is, 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/
Wow, you are amazing. Thank you so much. Your video was very helpful.
Glad it was helpful!
You have the best videos!
Glad to hear you enjoy the videos.
Powerful information Thank you very much. 🙏🏾🙏🏾✅
Thanks for the feedback.
I had a sleep study done per the VA but it said it was not service connected. I was diagnosed with severe sleep apnea.
You have to remember if the VHA diagnosed you with something doesn't mean it relates to automatic service connection on the VBA side. They are separate
Its really hard if you encounter a non-pro-veteran, just like my expirience at Baypines. That DR slams the Walter Reed 2010 study about PTSD and OSA lol! Duty to serve did not exist at all, just like that infamous Dr lanska from wisconsin VA lol!
That's one of the same reasons many veterans go with DBQ's. 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/
Hey Dwyane, Happy Holidays!! Long time viewer and ur videos are very spot on. Currently, I have a C&P for Sleep Apnea (Supplemental claim). Was denied in 2018 for no nexus and a bad personal statement. Now I have strong personal statements, Nexus Letter with a DBQ similar form and highlighted VA sleep study results. My question is Aside from bringing in a DBQ to my exam, should I take M21-1 and CFR 38 documents in support of Sleep apnea as well? 💪
Happy New Year and thank you for the support on my channel. I'm going to attach a video of the five ways of service connection: th-cam.com/video/bofikWEOz0M/w-d-xo.html and what about the nexus statement with the DBQ.
@@DewayneKimble Thank you for the video tag, I've seen it a few times haha. The form I received from the doctor isn't a DBQ but one her office generates to supplement a DBQ. Which is probably why I was scheduled for an upcoming. C&P. I plan on taking the Sleep Apnea DBQ with me to the appointment since I hear horrible things about sleep apnea claims going bad. Any recommendations or advise?
@@deboiii601 www.kmd89.com/services
Great Video. Thank you for all the knowledge you give us. However, one subject puzzles me. If I was diagnosed with sleep apnea while I was Active Duty. Also, If I conducted a sleep study , and issued a CPAP Machine while I was on Active Duty, will I still need to have an Event in Service like a Car Wreck to file a direct claim ? I have all the documents proving this. The only thing is that I do not have an event to name the cause. I just conducted a sleep study, got diagnosed, and issued a CPAP all while I was on Active Duty. Is that enough for a Direct-Service Claim ?
There is no VA requirements for multiple events. The sleep study from service is the event. Don't forget my new book: www.amazon.com/s?k=va+claims&crid=16BT5WIDDQD95&sprefix=VA+Claims%2Caps%2C103&ref=nb_sb_ss_ts-doa-p_4_9
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 ?
I am in the same boat and am wondering the answer
Me too. Why won't he answer the Question with specifics.?....please
"I am writing to inform you I received the results of your outside sleep study. You were found to have moderate obstructive sleep apnea. You will need a CPAP to treat your sleep apnea. I have ordered you an auto CPAP. You will be contacted by our vendor..." That is a direct quote from my records that I am currently looking at. Is that enough for a rating?
th-cam.com/video/bofikWEOz0M/w-d-xo.html
www.kmd89.com/calendar
I am trying to get to P&T but have already been evaluated at 90%. What should I claim to have the best chances? I was thinking scheduling a sleep study and also going for migraines because I have been suffering from both.
Appreciate your videos, its making me get back on the hunt for the last 10%
www.kmd89.com/calendar
I did a sleep study last month through the VA and they reported that I have “mild sleep apnea”
Where does it fall within the 5 ways of service-connection for VBA.
@@DewayneKimble it would most likely be a secondary service connection, because my major disability area is in “anxiety, depression, insomnia” they put it in one big category
Great vlog. I just retired and currently waiting for my VA rating and one of which is sleep apnea. I have a CPAP machine from a sleep study while on AD. My question is, will I get the full 50%? Another words can it be lower for some reason?? You are only guaranteed a rating once you receive it and on paper!
Thanks for the feedback. I can't state what the VA will provide in a rating. If you claimed it on a direct basis (and you meet those requirements), the rating schedule criteria is a diagnosis of sleep apnea with a breathing assistance device such as a CPAP is 50 percent.
Thank you dewayne another great video. I had a sleep study done in 2018 by a privet doctor diagnosed with severe sleep apnea I filed my claim got denied. 2 weeks ago filed a supplemental claim provided a buddy statement a statement from my wife and one from me do you think the va will send me to another sleep study
Your welcome. It's hard to say, there are hundreds of VA employees and I can't say what each one will do. Stay on top of your claim.
I’m a national guardsman. I filed for sleep apnea as a direct service connection. I got my referral, diagnosis, and CPAP machine while on title 10 orders. I sent all that up with my DD214 and I was told I need to do a C&P exam for TERA. Can you tell me a bit on how this next step affects my claim? Thanks!
Every claim is different. The process is when you submit a claim, the VA will determine if you need an exam and you are at that stage. 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 reply, and all your videos! I bought your book through Amazon last week, so no autograph. Maybe for your next book.
The only thing I was wondering about was this TERA exam. Not many people have much to say on it. I’ll continue reading the book though. Great stuff!
I was diagnosed with Allergic Rhinitis in service do I need to get a current diagnosis to submit a claim? There is no cure for Rhinitis.
For direct service connection, there are 3 elements. Current diagnosis, link in service and nexus (the examiner will provide this on the C & P exam).
Thanks I appreciate the information
No problem!
Hello Dwayne. Has anything changed regarding SA since you made this video?
Only more click bait on TH-cam about it. The 50 percent with CPAP is still in the rating schedule. 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.
2 Sleep studies from VA. Sleep still sucks to this day. Sleep Apnea is secondary to PTSD but it's still not service-connected which means no compensation! I gave up on it.
Sorry to hear that.
When I was denied, I made sure I looked at the medical opinion and rational the examiner noted.
I have a tinnitus disability and was just awarded disability for chronic rhinitis and chronic bronchitis. The rhinitis and bronchitis are issued as presumptive to service and Agent Orange. I did a sleep study at VA and have OSA. Was diagnosed a decade ago by civilian doctors but I’ve moved three times since then and lost track of who was who….no way to get any supportive documents……
I’m thinking the OSA is linked to the tinnitus and rhinitis. Is it logical to go for a secondary for the OSA and link all that up? I also have hypertension but it doesn’t rise to any compensable level.
A medical doctor would have to make that 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/
I got Diagnosis for sleep apnea and required to use a CPAP.
I am filing for rhinitis where I need turbinate reduction surgery because of the PACT act.
Can I file both claim’s together even though sleep apnea is secondary to rhinitis (which technically not rated yet)?
Yes, you can. 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 had a C&P exam that the examiner only wanted to do the DBQ only. She did not wanted to know anything else. I realized that she did not read my medical file.....I am waiting for the denial letter any day now so I can appeal....This was on remand from BVA...
I had a couple of examiners that wasn't interested what I had to say about my conditions. I hope it turns out well for you.
Tom, She was a clusterfuck. Next time say, "...are you listening lady?" Then grab her ear and say, "Can you hear me now?"
Hey Tom, This guy Dewayne is great, huh?
We could meet up and take D for dinner. Ribs and Scotch, you think?
@@DewayneKimble they denied the claim...but that's ok...I'm filing a Supplemental as secondary to MDD and Cronic Pain Syndrome...with a nexus from a specialist
@@tommarinevet I was afraid of that. Stay in the fight and don't give up.
Had that and a nexus letter still denial
Stay in the fight and see why, what words where used to say no. That's important.
@@DewayneKimble thx will do
I use a CPAP from the VA already, from a VA sleep study. I put in a claim for Sleep Apnea. Secondary to my VA compensated knee injury that basically prevents me from getting needed exercise. The reasoning being becoming obese (causal for sleep apnea) from a lack of exercise because of my knee injury which is VA compensated. Does that sound viable?
Thanks for the question. A medical doctor would have to make that connection.
Mr Kimble please could you provide me with a way to contact you for help with my OSA claim. Thank you.
Morning, you can send a message through our website. Please see our educational services and then send the message. www.kmd89.com/appointments-3 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/
The VA sending me to sleep study. Not sure if that's a good thing or not. I definitely have sleep apnea. So once I get my results back do I have to put in a claim or the VA just give me a rating from my results? I never put in a claim for this matter, but my Dr. at the VA is sending me to the sleep study. Thanks my guy if you see this.
Remember, just because you are given a diagnosis on the VHA side of the VA, you can go on the VBA side and get service connection. Where does it fall under the five ways of service connection and what is the criteria for each one of the service connections???
@@DewayneKimble OK cool. Once I get my results I'll understand what's going on and see what the VBA side of things. Thanks for the info. I'll will update you in the next few days.
@@kobeplayeddefensetoo1351 I did three videos on the 5 ways of service connection (5 ways of service connection, Step 1 of VA claims process etc.). Check them out if you have time, I'm sure they will shed some light. Thanks
@@kobeplayeddefensetoo1351 Almost forgot, good luck with your claim.
@@DewayneKimble Yes I will check them out today and take notes. Thanks
If you're filing for sleep apnea secondary to PTSD & you have a solid nexus letter (IMO from a credible physician), wont they still deny your claim if you refuse to show up for a scheduled C&P exam? I didn't know that you could just "not show up" for a C&P exam even if you had a solid case (diagnosis & strong nexus).
If the nexus letter (medical opinion and rational) are sufficient for rating purposes and completed correctly, it would be up to the veteran if they want to attend the C & P exam and fight it if they are denied. It appears in some cases that VSRs are requesting C & P exams when they don't have to. Why this is happening, I don't know. Ensure you are educated on if this happens to you and what your options are as a veteran.
I was diagnosed while in service. I got my CPAP after service. Will they give me a rating?
www.kmd89.com/
I also was prescribed a CPAP after service by the VA. I was given a service connected rating for sleep apnea.
What does a veteran do if all the requirements were met to trigger a sleep study but it was not done?
Under the 5 ways of service connection, which one does your claim for sleep apnea fall under?
So, you mean the Vet has a choice, not to go to a C&P EXAM, when they present a medical opinion from a private physician?
It's more to it than that. Is the DQB and nexus completed correctly. Most veterans think it is and it's not.
Hi Dewayne, I am at the end of an appeal for my condition of OSA condition. Got BOA SSOC and waiting for my new court date. I missed some deadlines and C&P Exams due to my work schedule. Is this something your team can shed some light on? I'm buried in paperwork trying to figure out.
You can ask them to re-schedule the exams. I have a video on this topic, you can search for it 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/
Diagnosed with sleep apnea, wondering can I claim it secondary to depression since that's already service connected.
That can fall under secondary service-connection.
This was granted by a BVA judge. What does this mean? Thanks in advance, JB.
Entitlement to service connection for obstructive sleep apnea (sleep apnea) to include as due to service-connected PTSD is granted.
FINDING OF FACT
Affording the Veteran the benefit of the doubt, it is at least as likely as not that his sleep apnea onset during active duty.
CONCLUSION OF LAW
The criteria for service connection for sleep apnea to include as due to service- connected PTSD have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R.
§§ 3.102, 3.303.
Did you look up all the regulations listed? Granted secondary to PTSD.
@@DewayneKimble what do u mean by all regulations listed?
@@joelbeavers9197 In your question, you listed several regulations.
@@DewayneKimble I apologize on a Sunday. I just copied & paste what the BVA Judge granted & stated on the first page of the appeal.
@@joelbeavers9197 No worries, you caught me at my computer. If the wording is correct. It looks like a grant 2nd to PTSD.
My military medical chart is filled with complaints of problems sleeping but was never referred to have a sleep study. I complained to VA about my sleeping problems and would not refer me for a sleep study until one day a APRN happened to read and ask me about my sleep problem and referred me to have that study. That VA referred me for a sleep study that proved I had sleep apnea (don't know which kind) . I was prescribed a CPAP. My question is can I refile for sleep apnea despite having a pending mental health case with VA which was confirmed only yesterday for evaluation? Should I wait or can I go ahead and file again and what are the pro's and con's?
Yes you can make sure you follow the criteria when filing a previously denied 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/
If you are 100% P and T and 70 years old, is it likely that VA will review your case anytime and consider lowering your rating?
The VA doesn't randomly pic files to review for when you reach a certain age.
@@DewayneKimble I have PTSD 70% IU P&T since 2007 and turn 76 this year
🙏
My blood pressure medicine is cause me sleep disturbances where I cant breath waking up screaming and have to walk out the room feel like if I don't I'm going to die
Sorry to hear that.
I'm wondering, even if you have supporting evidence and they schedule you a C&P and you're a no show. Wouldn't that give them an excuse to flat out deny your rating. I was diagnosed with sleep apnea while in service (mild no cpap needed) and was told "not service connected" Was in for 20 plus. Just did another sleep study and need a cpap had to go get an IMO making the nexus and a DBQ. I'm hoping this one works out. C&P exams are always a crap shoot or luck of the draw for a good examiner.
That will depend on what new evidence you are submitting and some other factors. Remember, every claim is different.
What's your experience with sleep apnea secondary to obesity caused by multiple physical issues such as back & Neck, shoulder, knees.
Which service-connected condition is the sleep apnea due to.
What about depression ? and pectus exacavactum surgery through the army .
A veteran can claim sleep apnea secondary to depression, a medical professional would have to make the link.
@@DewayneKimble I put erectile dysfunction as a secondary I put sleep apnea as a new claim because I had no idea if it had to deal with depression . I have a c and p exam I have medication paper tags and my sleep test results and buddy statements . I'm also on a apap.
Same thing happen to me. I claim sleep apnea secondary to my back and weight gain. I got discouraged.
Always stay in the fight.
2013, I went to VA about my sleep apnea. The test shows that I am server. CPAP machine was issued to me. In 2018, I was inform from the DAV I should get 50%. A couple of months pass. VA gave me 20%. Is there anything that I can do to increase the 20%?
For sleep apnea, the rating schedule only grants 0, 30, 50 and 100 for sleep apnea. The reason the the % granted is in the rating decision.
I just filed a claim for sleep apnea secondary to PTSD. I was wondering if the VA will be sending me for a C and P exam? Should I try and get a NEXUS letter?
That would be up to the person reviewing your claim.
Hey sir thanks for all the Information. I have a question. If I recently completed a sleep study while in active duty service. Would there be any reason the comp and pen would want another sleep study if the one I did a few months ago showed sleep apnea?
I wouldn't see why they would but stranger things are happening.
How long is a completed DBQ valid? I had a DBQ completed for a different disability while I had an open claim, and it took about a year and a half to get a rating decision.
When I rated, the oldest one I saw was one 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/
Quick question, I was diagnosed with obstructive sleep apnea after a sleep study done by the VA. I was referred by a VA cardiologist because I have an arrhythmia which is already service connected and rated. I am preparing my claim for sleep apnea now because the sleep apnea is related to my service connected heart arrhythmia. Would I still have a C&P exam even though everything was diagnosed at the VA?
VHA and VBA are separate. If you are diagnosed through VBA, it's not a given that you will be service-connected through VBA. Where does the condition fall under the 5 ways of service connection.
@@DewayneKimble I have a service connected rating for Supraventricular tachycardia (SVT) which I acquired shortly before I exited active duty. This has been established for 10 years now. My PCP with the VA wanted me to consult with a cardiologist which I did. Long story short, in trying to find the exact cause of my arrhythmia, the cardiologist suspected sleep apnea and ordered a sleep study. So my sleep apnea is connected to my SVT which is already established as service connected.
@@davidrice2111 He/she can complete an actionable DBQ and nexus statment.
@@DewayneKimble Thank you very much
I need some help I got out the army July 95 in the beginning of 95 I had hammer toe operation during the operation the doctor said I was snoring loudly and my breathing stop numerous times she said I had sleep apnea she scheduled a sleep apnea test I had the test results was bad case of sleep apnea they schedule an operation to remove various parts of my mouth the operation was performed off post I was in Ft Sill ok all this was done before I ETS now in 2015 I made a claim against the VA and was denied said lack of evidence that it was service connected I think because there was no proof of the operation in my medical jacket but he looked in my mouth and seen the proof
The rating decision and C & P exam would have to be reviewed to determined what happened: www.kmd89.com/services
I'm going to get in touch will you or your firm I'm a truck driver trying to make it home for the holidays will be contacting in next couple of days
I have SA, VA even issued a Cpap, but has twice denied me for SA. I just got awarded 60% for Quality of Life claim. Can I NOW get them to add SA to my rating?
th-cam.com/video/bofikWEOz0M/w-d-xo.html
@ Bill what is “ quality of life” claim??
@@69daviddion Exactly i want to know
How does someone qualify for a 100% sleep apnea. I’ve read symptoms had to be chronic respiratory failure and carbon dioxide retention. Which I have
The criteria is in the VA rating schedule, which shows you the criteria for the 100 percent.
22 years ago I was service connected for asthma. I recently submitted for an increase to my asthma because I am now taking Advair and my asthma got worse. My doctor this month diagnosed me with sleep apnea and prescribed me a CPAP. What do I need to get a secondary basis of Sleep Apnea?. Can I relate it to Asthma? Also I live in Punta Gorda, Fl. I am a desert storm/shield veteran. Thanks.
Your option as a veteran, you can file the claim.
Im a vet in 2018 i was diagnosed with Stage 4 Sarcoidosis Pulmonary fibrosis due to burn pits during my time in Iraq. I was awarded 100% disability for Sarcoidosis 100% and PTSD 70% but now i believe i dealing with sleep apnea i have a sleep study scheduled in November. i have been having extreme sleeping difficulties. if im diagnosed with sleep apnea will i have to add this to my existing disabilities and will this increase my VA Compensation further or not as i am already receiving 100% Compensation with SMC pay already. I ask be cause I've read that Sarcoidosis of the lungs has a direct contribute to sleep apnea.
If you are granted service-connection for sleep apnea. I don't see it increasing your overall percentage.
Mr. Kimble how are you? If I'm rated for rhinitis, asthma, and gastro acid reflux. Each one at 10% and sinusitis at 0% and the VA did a sleep study on me in 2016 and diagnosed me with sleep apnea and gave me a CPAP machine. I tried to file for sleep apnea and got denied. Then it was put in as secondary to my other rated disability and I was still denied. I just recently filed again and they are sending me to a doctor appointment for sleep apnea but not for a sleep study. Could they go back even if missed the re file date. Is there any advice or what I should expect on this appointment?
I'm doing well, thanks. I did a series of videos on the 4 steps of the VA claim process. They started on June 29th and ran through July 22nd. That should help. Thanks
Good stuff 👏
Thanks
The VBA raters seem to purposely submit request for C&P exams indicating causation only and omit ALL possible etiologies for secondary SC…
Each RVSR is different when it comes to rating.
@@DewayneKimble, yes. My case specifically is what I mean, I know there are good Raters out there. Seems to be far in between…
@@antonioreyes2692 That is correct.
I am a "Blue Water" Navy veteran. The VA recently made hypothyroidism presumptive to Agent orange. Is OSA secondary to hypothyroidism?
A medical professional would have to make that connection.
The VA diagnosed me with OSA and issued me a CPAP machine, but I was still denied. Is there anything I can do?
Where does it fall under the 5 ways of service connection.
I like the information, i am curious, I was honorably discharged in jan 2014 I was married in mar 2015 my wife stated when we moved intogether that she noticed i stopped Breathing in my sleep, as a former medic i knew what that meant. i called and was given a sleep study in may of 2015 and diagnosed with sleep apnea. but they refused to service connect it as it had been more than a year. the problem is, that i slept alone for the last 5 years of my military career, and one year after, how was i supposed to know? what are my options?
www.kmd89.com/calendar
Hi Mr. Kimble, I just got diagnosed with OSA, the VA is giving me a CPAP machine. What is the best way to link it to service connection? Is it better to use a private doctor or will a VA doctor do a nexus letter ? Please help ! It would be secondary
First you have to figure out where it falls under the five ways of service connection. If you want to do it secondary, to what S/C condition. You will need a DBQ as well. You can go either way with the doctor. If you do a private doctor, you will have to look at some of my videos on DBQ's because some VA employees are refusing the use them. 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/
Can you have multiple secondary's from 1 primary, as an example for SC tinnitus primary can I you file bppv, sleep apnea and depressive disorder?
Yes, you can have multiple secondary's
Mr. Kimble, when you send the fax to the VA for copy of records, do we have to use any special forms or can it be any letter? I am particularly interested in obtaining the medical records from active duty time. Thank you
Thanks for the question, check in the description section of the video and that's how I requested mine.
@@DewayneKimble Right before the description of the request, VBA-21-4138-ARE is referenced so I was wondering whether we could use this form to VA when faxing or mailing out. Thank you for your reply!
@@ssaenah I used that form.
How do I request a sleep study? Can my primary care request one for me? I have a lot of symptoms of sleep apnea. Should I be waiting on this while I build a case for ptsd and ssd first? Or, can I file sleep apnea secondary to my costochondritis? I just had my c&p exam last week and am being requested by the Va to have a pulmonary function test done to either combine it with a respiratory condiron? My in progress claim will put me at 90% because I’m at 84% based on the combined ratings table. Im just going through my diagnosis to push my rating to 100% as I have enough conditions that would be put at 100%.
Yes, they can put in a request for you. When you file would be up to you. I did a video on my channel where I discuss secondary claims secondary to secondary. 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/
What happened to the benefit of doubt being in the Veteran's favor?
Not all VA employees use it and then the vet has to fight. 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/
Hey sir thank you for all your information. Got a question I was hoping you could answer if possible. On active duty, I did a sleep test ( 30 sept 2021 was the test date I believe). Test showed I have OSA and reccomended a cpap. However, I separated prior to getting my cpap due to it taking a long time to get appointments (Covid) I separated late Oct 2021. Think I will have issues if I was diagnosed in service but don’t have my cpap yet? Thanks for any help again. Happy holidays.
Does it meet the three elements of direct service-connection: current diagnosis, link to service (injury, disease, diagnosis, treatment and/or complaint) in service, and final nexus.
@@DewayneKimble I guess that’s where I was kinda seeking advice. I think it does but I’m unsure on the nexus part.
@@DewayneKimble also I don’t know what’s considered current in terms of diagnosis. A year? A couple mo? I’m
Sure it’s outlined on the requirement somewhere?
@@jacksonworkshop have you read the M21 or 38 CFR as it pertains to the 3 elements of direct service-connection.
www.kmd89.com/services
What about Sleep Apnea via Obesity as an Intermediary Step as a result of service connected foot-knee-ankle injuries, thus affecting Veterans ability to exercise
Sounds like that would be a secondary claim.
Dewayne Kimble have you seen this argument before and what was the result?
@@guptaland806 As it pertains to the obesity yes and it was denied but I believe (this is just me) it depends on the C & P examiner.
Hello Dewayne, does it make more sense to file OSA secondary to gulf war presumptive of Sinusitis, or do it as a secondary to PTSD?
That would be up to you as to how it fall under the 5 ways of service connection for you.
@@DewayneKimble 10/4 brother! Once again, thanks for your prompt response and being there for all of us vets.
@@shotkrav No problem, taking the time to respond to as many comments as I can.
Not added in my previous comment, my sleep apnea was confirmed by a sleep study. So, would it be in my interest to get a medical opinion and also go to the CP exam if they schedule it.
Think of the 5 ways of service connection.
@@DewayneKimble thanks. So reading between the lines C and P + plus a positive doctor's opinion might increase my chances? What concerns me if the C and P and doctor's positive opinion clash. I'm leaning on just going to the C and P and see what happens. Dewayne Kimble does that sound at least logical? I know you don't want to give a opinion I can do a appeal is I'm denied based on a negative C and P right?
@@alanhooks www.kmd89.com/classes
Hello. I watched your video and while listening to what you said, I came up with the conclusion that I could claim sleep apnea secondary to asthma. I am already rated for asthma. Is that something that I can do?
Thanks in Advanced
Thanks for the support. You can go to the rating schedule 38CFR 4.96 to ensure that can be rated separate.
When did the VA start to recognize or acknowledge SA
I don't know, would have to look back through the historical rating schedule to see when it was added. 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.
I have a c&p exam coming up soon. I did a sleep study in 2015, will that suffice?
More information is needed, and do you meet the criteria. Also, depending on how you claimed it, will the examiner say yes. 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 claimed sleep apnea secondary to diabetes
I have Obstruvtive Sleep Apnea 2 Sleep Studys WITH 50+ episodes of the stop Breathing Episodes per hour I have a The following on My Medical Record...Asbestos and Asthma is this contributing
Factors? This is Asbestos Asthma From working below Decks?
I have a couple videos on the 1st step in the claims process and the 5 ways of service connection.
i had a c&p exam for sleep apnea but i wasn't required to attend. 1 week later i was denied.
Under the 5 ways of service connection, which one does your sleep apnea fall under?
@@DewayneKimble i was going for secondary to ptsd
i had a medical nexus opinion and dbq but still was denied
@@Carlos-vp2bm You have to make sure those are completed correctly and sufficient for rating purposes. If you go to the C & P exam and they provide a negative opinion, the RVSR will go with that negative opinion over your positive opinion.
@@DewayneKimble can i send u my dbq and nexus so u can review
I got denied for sleep apnea as secondary to pstd. The c&p stated in her dbq that it my sleep apnea was due to being overweight. I am using a cpap as of 8 months ago and did a sleep study confirming my condition. But I have no other complains about bad sleep in service. I started complaining about it about 5 years ago but only got diagnosed 8 months ago. Can you advice me what to do next?
I don't advise, only educate veterans on the claims process. If the rational for the negative opinion states it's due to something other than PTSD. Per the VA regulations, you can submit a medical opinion from your own doctor as it pertains to PTSD being the cause of your sleep apnea.
@@DewayneKimble I went back and forth though my health vet messaging to the sleep clinic and the person on the other end replied there is no link between pstd and sleep apnea. He refused to provide a medical opinion letter. I only have the va as a medical provider. I was also told over the phone from a va employee that upper management informed them not to fill out medical opinion letter as of 6 months ago or so.
@@MrChacha2011 Sleep Apnea Can Be “Aggravated” By Your PTSD! Look Into It! 👍🏻 ~ Sleep Apnea Secondary To PTSD
why is my service connected disability for sleep apnea 0%
We can review your rating decision and give you an explanation. Also, let you know your options for a higher percentage and the diagnostic code criteria and possible effective date. www.kmd89.com/services
Yoo so when you have a positive nexus from your private doctor and a negative one from the VA doctor that should fall under that one rule that the "benefit of doubt" should go to the veteran. So wouldn’t going in with several private nexus letters help the weight of the opinions? Like going in with 4 positive nexus letters vs VA one negative the veteran should win that right?
You maybe missing some steps. What about the DBQ??
@@DewayneKimble yes sir. So 4 positive nexus letters and a positive dbq should outweigh the VA dbq and opinion and should get the benefit of the doubt in favor of the veteran? That's what I have as ammo going in trying to connect sleep apnea with depression/ptsd hopefully it works.
@@jayking38 I'm going to do a LIVE show next week. I will talk about what I did with my claim when it comes to DBQ's and nexus statements.
@Relax Into Calm Link it where?
@Relax Into Calm th-cam.com/video/-g1Y3EQmcp4/w-d-xo.html
Thank brother!
You are welcome
1
Thanks
Hi dewayne. Thanks for this video. I just got 90% but I didn’t think to include sleep apnea.
I have 70% for anxiety/depression 30 for migraines, and 40/20/20 related to back.
I also and service connected deviated septum, which they didn’t raise above 0, even though I’ve had two surgeries at the va for nose and it still bothers me.
I was diagnosed with sleep apnea in 2020 and I suspect it is a direct result of my deviated septum (but what do I know). How should I go about trying to connect the dots?
I told I complained to my va doc last month about my nose/breathing issues and she just advised me to buy Flonase from Walgreens…
Edit: I do use a cpap machine. I have a sleep study diagnoses
Sounds like several moving parts. We can do a one on one and go over the five ways of service connection and what the requirement is for each one. www.kmd89.com/services
Hi what if I got a referral during demob. ? I have symptoms of OSA provider wrote referral “due to OSA adult.”I am waiting for VA to schedule sleep medicine at home or record which will be after my active duty orders expire.
Demob? Where does OSA fall under the 5 ways of 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/