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Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . That said, the key here is making the connection from service to diagnosis. Department of Veterans Affairs My sleep apnea is worsened when I lie on my back and I still have loss of breath. * WHAT evidencetouseandwhich path to Service Connectionto use. But remember the ultimate goal to win your VA disability compensation claim. Secondary Service Connection Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. The problem is that many disabilities that arise in service are not actually diagnosed in service. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. Thats what Veteran Lee G. did Lees VA claim changed when he read my Sleep Apnea book: Chris gave me the knowledge to file a claim for Sleep Apnea. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library Making the Sausage: Heres what you need to know about new VA Claims regulations. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. They were at all times attentive and on top of my case. Service-Connected Sleep Apnea VA Claim | Strategic Veteran Most Veterans are not proving sleep apnea is service connected. Your first step is to be absolutely sure about what type of apnea you have. Direct service connection for sleep apnea may be granted for veterans who can show that their sleep apnea began in service using service medical records, and by providing a nexus opinion from a qualified medical professional that links sleep apnea to events or exposures in service. If you are already service-connected for your knees or your back, you are likely not as active as you once were. I cannot get the sleep apnea connected. For instance, if you complain of being tired all the time your doctor may order blood tests to check for anemia, diabetes, and hypothyroidism all of which cause fatigue. If that is similar to your situation, how do you show that link (nexus) between what was going on with you during service and the actual diagnosis of obstructive sleep apnea you now have? I dont know if Im authorize a second run at the DRO or go straight to BVA. We offer free resources and expertise to empower all Veterans. If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! Learn how your comment data is processed. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. endobj Making the Sausage: Heres what you need to know about new VA Claims regulations. Sleep Apnea in Gulf War Veterans - Public Health Excessive daytime sleepiness is the most noticeable signal for those who live alone. The most important thing to keep in mind is that, no matter what the VA may tell you, the law does allow for VA disability for sleep apnea. Its an essential piece of evidence. Make sure to have your sleep study done. But most veterans are not service-connected for this sinus condition. Even if youve been denied before, its not too late! Your final VA Disability Rating for Insomnia depends upon the Top 5 Reasons for Obstructive Sleep Apnea Claim Denials (Plus OSA Service Connection Tips), Steps and Strategies: How to Prove Service Connection for Sleep Apnea, Step #1: Get a NEW Sleep Study (within the past 12 months), Step #2: Obtain a medical diagnosis of sleep apnea from a sleep specialist, Step #3: Get a nexus letter for sleep apnea from a credible independent medical professional, Lack of Medical Evidence is the #1 Reason VA Claims are Denied, Step #4: Consider secondary service connection instead of direct service connection, Secondary Service Connection Requirements. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Some Veterans are taking it a little further and going to the VA with this: I have had problems breathing and sleeping since I was stationed near burn-pits in Iraq and now I have sleep apnea. I tried going it alone and the insurance carrier pushed me around. The rate was a staggering 22%. He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM. Ill also show you: * The problem with your particular type of Sleep Apnea from the VAs perspective, * The Key Question to be resolved in EACH scenario, * Solutions to the Most Common Errors in Sleep Apnea claims. Chris, thank you for the posts and training videos you are providing to veterans. Take a look at the Sleep Apnea eBook when it comes out I think you will find a lot of informaiton that will help you understand better the many different paths and proofs for service connection of Sleep Apnea. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. If there is a way for us to improve our claims to get more granted for Vets with "GWI", rest assured, you will find it on the Veterans Law Blog. How to File a Claim on VA.gov (step-by-step)! <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. Unfortunately, VA does not always apply the law correctly. Studies have shown that it is morecommon for Gulf War Veteransin the Southwest Asia theater compared to non-Gulf War Veterans to develop CFS, but the reason for this remains unknown. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Keep up the great work, and remember, the only way to lose is to give up! One step at a time, one claim at a time, one veteran at a time.we vets are winning!! While we still have our home base in Florida, The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. 203, San Jose, CA 95134 Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Since many things can cause sleep apnea (like diabetes, insulin resistance, sinus problems, deviated septum, acid reflux, PTSD, heart problems, stroke, prior injuries to the head and spine, anything that deviates the diaphragm like degenerative changes of the spine, and ascites from liver disease, cirrhosis or hepatitis c), if the veteran has service connection for any of those conditions then you can add the sleep apnea as being caused by those conditions. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. Digestion issues like IBS (irritable bowel syndrome). While its not really hard to prove service-connection of your sleep apnea, its most certainly not easy: you are going to have to put in some work. We see that quite often with sleep apnea claims. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters. I talked to several doctors and sleep experts. However, the VA. * How do I appeal the VAs denial of my Sleep Apnea? Service connection on a secondary basis requires evidence of aggravation or causation.This requires that the secondary disability be shown to be proximately due to or proximately aggravated by another service-connected disability. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. You can subscribe to his Veterans Disability channel on YouTube. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. When seeking service connection, veterans will generally need to submit the following to VA: A current diagnosis of a condition; An in-service event, illness, or injury; and, Winning a VA claim to service connect sleep apnea is hard. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . I disagree. z`tsd#Ex>@"A"M@+5;$ The VA disability ratings for Chronic Fatigue Syndrome are 10%, 20%, 40%, 60%, and 100% all dependent on the severity and other factors of your symptoms. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. I understand you want your VA claim to be done as quickly as possible. Did the VA Benefit of the Doubt Rule just disappear? Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Estimate your 2023 VA Rating & Compensation for FREE! Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. All Rights Reserved. If you have sleep apnea and sinusitis/rhinitis, your next step would be to get a doctors medical opinion supporting that your service-connected sinusitis/rhinitis caused or aggravates your sleep apnea. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. Were Veterans, just like you, whove learned how to navigate within the VA system. Wc%X$(:ss!LCO^?4d *$ Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. She has always had a passion for helping others and found inspiration from those she cared for. Both anxiety and depression can also be linked to sleep apnea. Dont make the mistake so many other veterans have. Joints and muscles can have a lot of pain during flare-ups, and, due to the fatigue, mobility may not be something a patient can easily do. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. The most trusted name in education-based resources for Veterans. Save my name, email, and website in this browser for the next time I comment. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. %PDF-1.4 67 0 obj <>stream Favorable BVA Case Law Precedent Example #2: A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. CFS is also known asSystemic Exertion Intolerance Disease (SEID)and Myalgic Encephalomyelitis (ME) is characterized by extreme fatigue without explanation from any other underlying condition. I did not have a va physical until about 13 years after seperation from service. * Can I service connect sleep apnea without a sleep study in service? endstream endobj startxref But if your body cannot get sleep, you will die. Sleep apnea can be your link or nexus for filing claims for: Sleep apnea is a high-value claim in the VA world of ratings. By doing this your claim will have the best chance possible. Which primary disabilities make the best claims for secondary service connection of sleep apnea? VA Disability Claim Timeline For Active Duty Members & Veterans, Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy, Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine, Asymptomatic but with documented sleep disorder breathing. IN THE APPEAL OF . VA Disability for Sleep Apnea: Proving Service Connection Do I Need a CPAP Machine to be Service-Connected? Many Veterans suffering from emotional distress overeat and lack the motivation to work out. There are 3 ways to get it: Chris, Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law Veterans whoare looking for the easy way to get sleep apnea service-connected will not find it in my opinion, there is no such thing. Here are the ingredients to a properlydeveloped claim for sleep apnea: *A solid foundation of Lay and Medical Evidence showing when sleep apnea first began to present in the Veterans life. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. You're not alone. But if your doctor believes that your Sleep Apnea is somehow related to exposure to TCEs or benzene in the water at Camp Lejeune, then a good medical opinion would probably help you prove a direct service connection claim. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. VA claim for sleep apnea denied? Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. THANK YOU AGAIN. That's what Veteran Lee G. did - Lee's VA claim changed when he read my Sleep Apnea book: "Chris gave me the knowledge to file a claim for Sleep Apnea. This is what is called the Nexus. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Because of this all veterans hoping to receive a disability compensation rating from the VA should take the responsibility of connecting the dots for the claim themselves. VA Claims insider is an education-based coaching/consulting company. Hepatitis C also causes insulin resistance. Otherwise, I would properly ended up in mental health facility or going insane!!! * SeveralDesert Storm, OIF, and OEF Clients have hadTraumatic Brain Injuries whichinterfere with how their Nervous System works, and as a result, have a different kind of Sleep Apnea (oversimplified, where the brains signals to breathe dont make it through to the lungs). Here are a few examples of how Sleep Apnea has affected Veterans from all different eras of service: * Don D. (he asked me not to use his real name) served mostly during the Cold War was in the best physical shape of his life he was an avid weight-lifter. without his BI-PAP MACHINE,one up from CPAP,which i have. How to Hire an Attorney For Your VA Claim or Appeal. 2017-05-30T18:09:36-04:00 In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 A noticeable sign of obstructive sleep apnea is snoring. Even if yours is obstructive sleep apnea like we discussed here, there are still other ways to service connection other than proving you had sleep apnea in service. We would be happy to talk to you. Both sinusitis and rhinitis are linked to sleep apnea. I have sleep apnea diagnosed by the VA sleep study. 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Thats $901.83 a month. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. A medical opinion will be necessary to show these causative connection, and you will want to first service connect the sinusitis, and then argue that the OSA is secondary or argue that the OSA is secondary to the bronchitis. However, this has been thoroughly disproven. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. put your Sleep Apnea Claim together right. The polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. When Daniel laid it out and told me almost specifically, "Here's your timeline, here's how you do it, "here's what you do, here's what you need, "here are the things that you need," that sealed the deal. Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. In the year thatI spent researching theSleep ApneaField Manual, I learned that there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 endobj I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. Winning a VA Sleep Apnea is much harder. Andmy sleep study was not done in the military.. Heres 4 lessons I learned that I want to pass on to you if you can really learn and understand these lessons, you will have the power to really improve and service connect sleep apnea claims and appeals. Board of Veterans' Appeals Your email address will not be published. The BEST Path to Proving Sleep Apnea is Service Connected. Thanks to additions to the VA presumptive list, you may be able to presumptively service-connect rhinitis, sinusitis, rhinosinusitis or asthma if you served in particular theaters during specified time periods. His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. I filed to reopen my SA claim in 2016. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). * How the VA willrate your sleep apnea condition after granting Service Connection. How to Get a 100 Percent VA Rating (if deserved)! How you mix them is the hard part. The independent opinion of a private medical professional can also influence the C&P examiners medical opinion, as well as the VA rating officials final disability decision. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. endobj Some of the most common symptoms of sleep apnea include: People who suffer from sleep apnea are often unaware of the breathing disturbances, finding out about them from a bed partner or roommate. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness; Once service connection is awarded, sleep apnea is then rated under 38 CFR 4.97, Diagnostic Code 6847 - Sleep Apnea Syndromes (obstructive, central, mixed). For instance, often sleep apnea presents itself in those who have been suffering from PTSD. I have had cardiomegly X-rays while on active duty. endstream endobj 43 0 obj <>stream Board of Veterans Appeals Your email address will not be published. Heres what the 38CFR lists for sleep apnea: Once sleep apnea is service-connected, this opens the door for you to file other secondary claims you may want to make. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). I recd another denial (3rd) Jun 30, 2017. Any advice on getting sleep apnea service connected? endstream endobj 42 0 obj <>stream if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Why? Everyone I came in contact with there was very nice. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). You are going to have to get a LOT of 5-Star Evidence. 8 0 obj I only have 50 days to file NOD, or file a BVA appeal within 1 year. 3. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. sleep apnea is DEADLY, my brother in law went out CAMPING. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. As a fellow disabled Veteran this is shameful and Im on a mission to change it. % You can lose your arms and legs and still survive. 38 U.S.C.A. 0 <>stream How to Get a 100 Percent VA Rating (if deserved)! According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. I cannot recommend Jason and his staff enough. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. When filing a VAclaim for CFS, the Department of Veterans Affairs has to see the onset of this fatigue is severe enough to reduce your routine daily activities to less than 50%, your medical history, and several symptoms that indicate CFS. Your voice is important especially when it comes to your own health care. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. This is in order to be officially diagnosed. Not only does the VA provide compensation, but once you receive a service-connection for it, it provides a way to get other disabilities to service-connected. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea, to include as secondary to the Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. I can teach you how to do that. If you are hurt at work, this is the firm you want on YOUR side. No proof of service connection (missing a nexus letter), #4 Lack of active-duty documentation and medical evidence, #5 Filing for direct service connection vs secondary service-connection (secondary to an already service-connected disability). Below is the schedule for rating . Scenario 1: Diagnosis of Sleep Apnea First Occurs a Long Time after Service, with no evidence of sleep-breathing problems in the Military Service, or Military Medical, records. I believe the two are connected. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. See you on the inside! Physical therapy can be given to help maintain and improve mobility. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream In order to help you with your secondary claim, we have put together this Insiders Guide! I talked to hundreds of Veterans and read their C-Files to see where they went wrong. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Kim was very helpful and any time I had a question she made sure I got an answer. I have sleep apnea and emphysema. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. The best way to receive a VA disability compensation rating for sleep apnea is to provide the following information along with your claim: While the VA has begun to show a greater understanding of sleep apnea in veterans, the hard truth is that the VA has still not proven itself to accept the full range of how sleep apnea can manifest. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! A current disability (medical diagnosis in medical records), An in-service event, injury, disease, or aggravation; and, evidence of chronicity and continuity in your service treatment records and private treatment records, or, A medical diagnosis of sleep apnea confirmed by a sleep study in VA medical records or private records (sleep study in past 12 months), Medical nexus evidence establishing a connection between. 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Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity . That said, the key here is making the connection from service to diagnosis. Department of Veterans Affairs My sleep apnea is worsened when I lie on my back and I still have loss of breath. * WHAT evidencetouseandwhich path to Service Connectionto use. But remember the ultimate goal to win your VA disability compensation claim. Secondary Service Connection Service Connection for Sleep Apnea and Sinusitis To file any claim for VA disability benefits, veterans will generally first need to become service connected. Veterans with deviated septums can have clear cases for a secondary sleep apnea claim. The problem is that many disabilities that arise in service are not actually diagnosed in service. Medical opinions will be CRUCIAL, as these are not NECESSARY connections. Thats what Veteran Lee G. did Lees VA claim changed when he read my Sleep Apnea book: Chris gave me the knowledge to file a claim for Sleep Apnea. Sleep apnea comes in different forms, but the most common type with veterans is Obstructive Sleep Apnea. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS - Veterans Law Library Making the Sausage: Heres what you need to know about new VA Claims regulations. If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well. They were at all times attentive and on top of my case. Service-Connected Sleep Apnea VA Claim | Strategic Veteran Most Veterans are not proving sleep apnea is service connected. Your first step is to be absolutely sure about what type of apnea you have. Direct service connection for sleep apnea may be granted for veterans who can show that their sleep apnea began in service using service medical records, and by providing a nexus opinion from a qualified medical professional that links sleep apnea to events or exposures in service. If you are already service-connected for your knees or your back, you are likely not as active as you once were. I cannot get the sleep apnea connected. For instance, if you complain of being tired all the time your doctor may order blood tests to check for anemia, diabetes, and hypothyroidism all of which cause fatigue. If that is similar to your situation, how do you show that link (nexus) between what was going on with you during service and the actual diagnosis of obstructive sleep apnea you now have? I dont know if Im authorize a second run at the DRO or go straight to BVA. We offer free resources and expertise to empower all Veterans. If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! Learn how your comment data is processed. My next stop is going to be BVA, hopefully I dont have to go there without taking another bite at the DRO processes. I want you to think about the BEST Path to proving Sleep Apnea is Service Connected. Strategic Veteran would like to help you sort out what you may be able to claim and the best way to go about it. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. endobj Making the Sausage: Heres what you need to know about new VA Claims regulations. Sleep Apnea in Gulf War Veterans - Public Health Excessive daytime sleepiness is the most noticeable signal for those who live alone. The most important thing to keep in mind is that, no matter what the VA may tell you, the law does allow for VA disability for sleep apnea. Its an essential piece of evidence. Make sure to have your sleep study done. But most veterans are not service-connected for this sinus condition. Even if youve been denied before, its not too late! Your final VA Disability Rating for Insomnia depends upon the Top 5 Reasons for Obstructive Sleep Apnea Claim Denials (Plus OSA Service Connection Tips), Steps and Strategies: How to Prove Service Connection for Sleep Apnea, Step #1: Get a NEW Sleep Study (within the past 12 months), Step #2: Obtain a medical diagnosis of sleep apnea from a sleep specialist, Step #3: Get a nexus letter for sleep apnea from a credible independent medical professional, Lack of Medical Evidence is the #1 Reason VA Claims are Denied, Step #4: Consider secondary service connection instead of direct service connection, Secondary Service Connection Requirements. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Some Veterans are taking it a little further and going to the VA with this: I have had problems breathing and sleeping since I was stationed near burn-pits in Iraq and now I have sleep apnea. I tried going it alone and the insurance carrier pushed me around. The rate was a staggering 22%. He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM. Ill also show you: * The problem with your particular type of Sleep Apnea from the VAs perspective, * The Key Question to be resolved in EACH scenario, * Solutions to the Most Common Errors in Sleep Apnea claims. Chris, thank you for the posts and training videos you are providing to veterans. Take a look at the Sleep Apnea eBook when it comes out I think you will find a lot of informaiton that will help you understand better the many different paths and proofs for service connection of Sleep Apnea. presentit neatly andpersuasivelyto the VA. BVA denied VAbenefits for sleep apnea in 76% of the appeals. His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Chronic Fatigue Syndrome (CFS) is a serious chronic illness that is common with the United States general population and especially veterans. If there is a way for us to improve our claims to get more granted for Vets with "GWI", rest assured, you will find it on the Veterans Law Blog. How to File a Claim on VA.gov (step-by-step)! <>/Parent 3 0 R/Type/Page/Contents 4 0 R/Tabs/S/Resources<>/ProcSet[/PDF/Text]/Font<>>>/MediaBox[0 0 612 792]/Rotate 0>> If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. Cardiomegaly enlargement of the heart makes me thing of a damage resulting from a chronic sleep apnea condition. Unfortunately, VA does not always apply the law correctly. Studies have shown that it is morecommon for Gulf War Veteransin the Southwest Asia theater compared to non-Gulf War Veterans to develop CFS, but the reason for this remains unknown. There are 3 things that the human body cannot live or function without: Blood/Oxygen, Food/Water and Sleep. Keep up the great work, and remember, the only way to lose is to give up! One step at a time, one claim at a time, one veteran at a time.we vets are winning!! While we still have our home base in Florida, The cause of Chronic Fatigue Syndrome is unknown; however, there are a few theories as to what may cause this condition. 203, San Jose, CA 95134 Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Since many things can cause sleep apnea (like diabetes, insulin resistance, sinus problems, deviated septum, acid reflux, PTSD, heart problems, stroke, prior injuries to the head and spine, anything that deviates the diaphragm like degenerative changes of the spine, and ascites from liver disease, cirrhosis or hepatitis c), if the veteran has service connection for any of those conditions then you can add the sleep apnea as being caused by those conditions. Result: Service connection for obstructive sleep apnea, secondary to service-connected GERD, with history of esophagitis and hematemesis, is granted. 7@$4hvF=/Y 9FsxS@*ia:?4AC,bT_r8{4 X|rGPr-N^j!DU 5|V!"D3Q)fE&Jl`Z9s^Hva$rq%[sRRw8r These are sometimes referred to as a crash, relapse, or collapse, and some patients can tell when they will happen. Digestion issues like IBS (irritable bowel syndrome). While its not really hard to prove service-connection of your sleep apnea, its most certainly not easy: you are going to have to put in some work. We see that quite often with sleep apnea claims. Jessica Rodriguez has a degree in Health Information Management and has 15+ years of experience in patient care as a Nurses Assistant. Perkins Studdard LLC makes no representation that it can obtain the same results as reported in cases on this web site in other legal matters. I talked to several doctors and sleep experts. However, the VA. * How do I appeal the VAs denial of my Sleep Apnea? Service connection on a secondary basis requires evidence of aggravation or causation.This requires that the secondary disability be shown to be proximately due to or proximately aggravated by another service-connected disability. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. You can subscribe to his Veterans Disability channel on YouTube. I haven't met anybody, who's been in the military, who's worked with the VA who couldn't benefit from this service. When seeking service connection, veterans will generally need to submit the following to VA: A current diagnosis of a condition; An in-service event, illness, or injury; and, Winning a VA claim to service connect sleep apnea is hard. OY&/Ov{"3 tz0{r F~2AhtAMR|ED8l .~h7564Ri;:4UY)')dXxrDWm In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . I disagree. z`tsd#Ex>@"A"M@+5;$ The VA disability ratings for Chronic Fatigue Syndrome are 10%, 20%, 40%, 60%, and 100% all dependent on the severity and other factors of your symptoms. Long term chronic sleep apnea can cuse the heart to work harder, thus causing it to enlarge. The VA has also given me a 0% disability for service connected IPF (Idiopathic Pulmonary Fibrosis . In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup. I understand you want your VA claim to be done as quickly as possible. Did the VA Benefit of the Doubt Rule just disappear? Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Estimate your 2023 VA Rating & Compensation for FREE! Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. All Rights Reserved. If you have sleep apnea and sinusitis/rhinitis, your next step would be to get a doctors medical opinion supporting that your service-connected sinusitis/rhinitis caused or aggravates your sleep apnea. hb```f``rb`a`} @ odoF@z&I*B{!C*!H12*0`$I +Nw`ubL6iF bICg!|F % Thinking and memory issues such as not able to think quickly, difficulty remembering things, and unable to pay attention to details. Were Veterans, just like you, whove learned how to navigate within the VA system. Wc%X$(:ss!LCO^?4d *$ Lesson #4: More VeteransShould be Able toService ConnectSleep Apnea. You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. She has always had a passion for helping others and found inspiration from those she cared for. Both anxiety and depression can also be linked to sleep apnea. Dont make the mistake so many other veterans have. Joints and muscles can have a lot of pain during flare-ups, and, due to the fatigue, mobility may not be something a patient can easily do. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. The most trusted name in education-based resources for Veterans. Save my name, email, and website in this browser for the next time I comment. Because of my PTSD meds and sleep apnea I have gained considerable weight as well as an underactive thyroid. %PDF-1.4 67 0 obj <>stream Favorable BVA Case Law Precedent Example #2: A couple things you mention are worth exploring: Damage to the nasal or breathing passages, like chronic sinusitis or bronchitis, can cause OSA. CFS is also known asSystemic Exertion Intolerance Disease (SEID)and Myalgic Encephalomyelitis (ME) is characterized by extreme fatigue without explanation from any other underlying condition. I did not have a va physical until about 13 years after seperation from service. * Can I service connect sleep apnea without a sleep study in service? endstream endobj startxref But if your body cannot get sleep, you will die. Sleep apnea can be your link or nexus for filing claims for: Sleep apnea is a high-value claim in the VA world of ratings. By doing this your claim will have the best chance possible. Which primary disabilities make the best claims for secondary service connection of sleep apnea? VA Disability Claim Timeline For Active Duty Members & Veterans, Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy, Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine, Asymptomatic but with documented sleep disorder breathing. IN THE APPEAL OF . VA Disability for Sleep Apnea: Proving Service Connection Do I Need a CPAP Machine to be Service-Connected? Many Veterans suffering from emotional distress overeat and lack the motivation to work out. There are 3 ways to get it: Chris, Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 This illness can be hard to diagnose due to its seemingly unrelated symptoms, but do not let that discourage you. VA Service Connected Sleep Apnea, Insomnia, & More | Berry Law Veterans whoare looking for the easy way to get sleep apnea service-connected will not find it in my opinion, there is no such thing. Here are the ingredients to a properlydeveloped claim for sleep apnea: *A solid foundation of Lay and Medical Evidence showing when sleep apnea first began to present in the Veterans life. I dont want you to think about the EASYway to Service Connect Sleep Apnea anymore. You're not alone. But if your doctor believes that your Sleep Apnea is somehow related to exposure to TCEs or benzene in the water at Camp Lejeune, then a good medical opinion would probably help you prove a direct service connection claim. lh20EnM.svSI}][PFkaq-h;qm,=4b~7d #XEBJkb8_]3VL ,zYvA "FJh=2b6`E\ouXj/'|fg c}gn7 Ds?4S&}eLg\Qz}3l>tN`MA&DDz5:/v One of the most common service-connected sleep disorders is sleep apnea, which is a sleep-related breathing disorder. VA claim for sleep apnea denied? Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. THANK YOU AGAIN. That's what Veteran Lee G. did - Lee's VA claim changed when he read my Sleep Apnea book: "Chris gave me the knowledge to file a claim for Sleep Apnea. This is what is called the Nexus. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Because of this all veterans hoping to receive a disability compensation rating from the VA should take the responsibility of connecting the dots for the claim themselves. VA Claims insider is an education-based coaching/consulting company. Hepatitis C also causes insulin resistance. Otherwise, I would properly ended up in mental health facility or going insane!!! * SeveralDesert Storm, OIF, and OEF Clients have hadTraumatic Brain Injuries whichinterfere with how their Nervous System works, and as a result, have a different kind of Sleep Apnea (oversimplified, where the brains signals to breathe dont make it through to the lungs). Here are a few examples of how Sleep Apnea has affected Veterans from all different eras of service: * Don D. (he asked me not to use his real name) served mostly during the Cold War was in the best physical shape of his life he was an avid weight-lifter. without his BI-PAP MACHINE,one up from CPAP,which i have. How to Hire an Attorney For Your VA Claim or Appeal. 2017-05-30T18:09:36-04:00 In fact, there are three distinct kinds of sleep apnea obstructive sleep apnea, central sleep apnea, and complex sleep apnea. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 A noticeable sign of obstructive sleep apnea is snoring. Even if yours is obstructive sleep apnea like we discussed here, there are still other ways to service connection other than proving you had sleep apnea in service. We would be happy to talk to you. Both sinusitis and rhinitis are linked to sleep apnea. I have sleep apnea diagnosed by the VA sleep study. 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD * Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea. At one point sleep apnea was the most prevalent service-connected respiratory disability for which claims were submitted to the VA. Thats $901.83 a month. Problems with sleep which include not being rested after sleep or difficulty staying and/or falling asleep. A medical opinion will be necessary to show these causative connection, and you will want to first service connect the sinusitis, and then argue that the OSA is secondary or argue that the OSA is secondary to the bronchitis. However, this has been thoroughly disproven. PTSD can cause insulin resistance (fasting Blood sugar results above 100 prove you have insulin resistance) and insulin resistance causes sleep apnea. put your Sleep Apnea Claim together right. The polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. When Daniel laid it out and told me almost specifically, "Here's your timeline, here's how you do it, "here's what you do, here's what you need, "here are the things that you need," that sealed the deal. Sleep Apnea Secondary to GERD - The Expert's Guide - VA Claims Insider Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. In the year thatI spent researching theSleep ApneaField Manual, I learned that there are 39 medical conditions common among Veterans thatcan cause or aggravate sleep apnea. Veterans ask me more questions about sleep apnea than almost any other question about VA Benefits Law. lJ[bKeZ?LF;$Zm]=_v-ed,4cX'fd dx|F'bow+P2]yt?d(,"O49&ZSrN Alow4Qg, =5j6y-|#@T0^])0lVLi>C %+QYY/8.+9 } u& 5t=tibdx:TD?pXg,Q>UR{KE|/K(*k PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 endobj I absolutely agree I think that Mr. Harris was way out of line, and was not educated about the issue he was commenting on. Winning a VA Sleep Apnea is much harder. Andmy sleep study was not done in the military.. Heres 4 lessons I learned that I want to pass on to you if you can really learn and understand these lessons, you will have the power to really improve and service connect sleep apnea claims and appeals. Board of Veterans' Appeals Your email address will not be published. The BEST Path to Proving Sleep Apnea is Service Connected. Thanks to additions to the VA presumptive list, you may be able to presumptively service-connect rhinitis, sinusitis, rhinosinusitis or asthma if you served in particular theaters during specified time periods. His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. I filed to reopen my SA claim in 2016. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). * How the VA willrate your sleep apnea condition after granting Service Connection. How to Get a 100 Percent VA Rating (if deserved)! How you mix them is the hard part. The independent opinion of a private medical professional can also influence the C&P examiners medical opinion, as well as the VA rating officials final disability decision. This is because sleep apnea is abnormally difficult to prove as a disability that is service-connected. endobj Some of the most common symptoms of sleep apnea include: People who suffer from sleep apnea are often unaware of the breathing disturbances, finding out about them from a bed partner or roommate. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness; Once service connection is awarded, sleep apnea is then rated under 38 CFR 4.97, Diagnostic Code 6847 - Sleep Apnea Syndromes (obstructive, central, mixed). For instance, often sleep apnea presents itself in those who have been suffering from PTSD. I have had cardiomegly X-rays while on active duty. endstream endobj 43 0 obj <>stream Board of Veterans Appeals Your email address will not be published. Heres what the 38CFR lists for sleep apnea: Once sleep apnea is service-connected, this opens the door for you to file other secondary claims you may want to make. FromApril 2013 to April 2014, the BVA denied 76% of Veterans Sleep Apnea appeals. In September 1978, she was granted service connection for bilateral chondromalacia, a breakdown of cartilage in the knee joint that causes pain when bones . medical expert report or opinion may be crucial, rate your sleep apnea condition after granting Service Connection, Court of Appeals for Veterans Claims (CAVC). I recd another denial (3rd) Jun 30, 2017. Any advice on getting sleep apnea service connected? endstream endobj 42 0 obj <>stream if our guys/gals have SLEEP APNEA in the field THAT COULD KILL THEM.!! Why? Everyone I came in contact with there was very nice. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). You are going to have to get a LOT of 5-Star Evidence. 8 0 obj I only have 50 days to file NOD, or file a BVA appeal within 1 year. 3. Complimentary therapies such as meditation, gentle massage, deep breathing, or relaxation therapies may be beneficial to help reduce symptoms. sleep apnea is DEADLY, my brother in law went out CAMPING. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. In the article you quoted, Mr Harrison said, Sleep apnea is not a combat injury, especially if its caused by obesity.. As a fellow disabled Veteran this is shameful and Im on a mission to change it. % You can lose your arms and legs and still survive. 38 U.S.C.A. 0 <>stream How to Get a 100 Percent VA Rating (if deserved)! According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 The Veteran was granted entitlement to service connection for major depressive disorder in a May 2016 rating decision. I cannot recommend Jason and his staff enough. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. I spent nearly a yearresearching Veterans and their Sleep Apnea claims. When filing a VAclaim for CFS, the Department of Veterans Affairs has to see the onset of this fatigue is severe enough to reduce your routine daily activities to less than 50%, your medical history, and several symptoms that indicate CFS. Your voice is important especially when it comes to your own health care. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. This is in order to be officially diagnosed. Not only does the VA provide compensation, but once you receive a service-connection for it, it provides a way to get other disabilities to service-connected. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea, to include as secondary to the Take a look at my VA Sleep Apneabook learn all you can about PROVING and IMPROVING your VA Sleep Apnea claim. I read his information, submitted medical documents, receiveda Letter of Nexus or comments from a VA contractor doctor. I can teach you how to do that. If you are hurt at work, this is the firm you want on YOUR side. No proof of service connection (missing a nexus letter), #4 Lack of active-duty documentation and medical evidence, #5 Filing for direct service connection vs secondary service-connection (secondary to an already service-connected disability). Below is the schedule for rating . Scenario 1: Diagnosis of Sleep Apnea First Occurs a Long Time after Service, with no evidence of sleep-breathing problems in the Military Service, or Military Medical, records. I believe the two are connected. No blog, and no eBook can substitute for legal advice from an accredited VA attorney. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence. See you on the inside! Physical therapy can be given to help maintain and improve mobility. Your VA Sleep Apnea Claim, Court of Appeals for Veterans Claims (CAVC). endstream endobj 39 0 obj <> endobj 40 0 obj <> endobj 41 0 obj <>stream In order to help you with your secondary claim, we have put together this Insiders Guide! I talked to hundreds of Veterans and read their C-Files to see where they went wrong. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Kim was very helpful and any time I had a question she made sure I got an answer. I have sleep apnea and emphysema. Scenario 3: The Veteran has a diagnosis of Sleep Apnea in the Military Service Records, or during the period of service. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. * A 5-Star medical opinion, resting on 5-Star Lay and Medical Evidence, that demonstrates HOW your Sleep Apnea is related to military service. And I found that MOST Veterans with Sleep Apnea claims and appealsfit into 1 of 4 common scenarios. The best way to receive a VA disability compensation rating for sleep apnea is to provide the following information along with your claim: While the VA has begun to show a greater understanding of sleep apnea in veterans, the hard truth is that the VA has still not proven itself to accept the full range of how sleep apnea can manifest. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! A current disability (medical diagnosis in medical records), An in-service event, injury, disease, or aggravation; and, evidence of chronicity and continuity in your service treatment records and private treatment records, or, A medical diagnosis of sleep apnea confirmed by a sleep study in VA medical records or private records (sleep study in past 12 months), Medical nexus evidence establishing a connection between.

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