At the time this video was published, all information was accurate
but is subject to change as laws, policies, and regulations change.

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❤️ In this video, Brian Reese the VA Claims Insider explains how to prove service-connection for Sleep Apnea using secondary disability claims, specifically, the side effects of medications you’re taking for other service-connected conditions.

This video is specific to veterans who want to learn about sleep apnea va disability, sleep apnea va claim, sleep apnea va rating, sleep apnea secondary to ptsd, va disability rating for sleep apnea, and sleep apnea dbq.

Secondary disability claims are the most overlooked part of a veterans VA disability claim strategy, mainly because VSOs and Attorneys lack the medical experience and expertise needed to assist you.

One of the ways VA Claims Insider can help you “prove” secondary service-connection is by looking for possible medical “Nexus” links based upon the side effects of any medications you’re taking.

Many veterans attempt to connect their Obstructive Sleep Apnea (OSA) secondary to Post Traumatic Stress Disorder (PTSD).

The problem with this secondary linkage approach between OSA and PTSD is that the medical research is questionable at best, and thus, I expect more VA denials than approvals. BUT…maybe there’s a better way?

For example, did you know a veteran recently got secondary service-connected for Obstructive Sleep Apnea (OSA) based upon his current service-connected Plantar Fasciitis?

Service-Connection (SC) on a secondary basis requires a showing of causation. A showing of causation requires that the secondary disability be shown to be proximately due to, or the result of, a SC condition.

Lay or medical evidence of a current disability or symptoms
Evidence of a SC primary disability (which substitutes for the in-service event/injury), AND indication that the claimed secondary condition may be associated with the primary disability.

✅ The first part can be satisfied with a veteran’s personal statement, a buddy letter, or any existing medical evidence in service treatment records, VA medical records, or any private medical records.

✅ The second part can be satisfied with a veteran’s existing service-connected disability rated at 0% or higher.

✅ The third part can be satisfied with a credible medical “Nexus” opinion from a qualified medical professional.

Medical expertise is ultimately required to establish entitlement to SC on a secondary basis, but the threshold for ordering an examination (aka a C&P exam) is low. However, there is still a threshold that must be met before an examination is provided.

A medical diagnosis up front is not always required to show the presence of the claimed disability, or its link to an SC disability, but it is HIGHLY RECOMMENDED…

Back to my earlier example of Obstructive Sleep Apnea (OSA) secondary to Plantar Fasciitis.

The Veteran provided a personal statement, a “lay statement” under the law, as well as a credible medical “Nexus” letter that cited relevant medical research and literature regarding side-effects of the medications he was prescribed for his severe heal pain, the Plantar Fasciitis.

Weight gain was one of the side effects of the pain management medication he was taking. Medical research studies from the Mayo Clinic were cited in the medical “Nexus” opinion, which clearly met the “showing of causation,” standard BECAUSE the Obstructive Sleep Apnea on a secondary basis was shown to be proximately due to, or the result of, the Plantar Fasciitis.

Obstructive Sleep Apnea has been medically linked to weight gain, which shows causation. Thus, as a result of the veteran’s weight gain, the medical “Nexus” letter stated that the Obstructive Sleep Apnea was “at least as likely as not” to have been proximately due to or the result of the medication side effects, which were taken to manage the pain of his Plantar Fasciitis.

So now I’ve probably got you thinking, what can you possibly connect on a secondary basis due to side effects of any medications you’re taking for your current disabilities?

Please reach out to us at VA Claims Insider, and we’ll get you the VA disability rating and compensation YOU deserve.

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