If it has, there might be a rating reduction. Copyright 2023 VA Claims Insider, LLC. According to the VBA , there were over 282,300 service-connected sleep apnea claims that were awarded in 2017. If you continue to use this site we will assume that you are happy with it. 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). Now, it wasnt just the mere existence of lay evidence of sleep apnea symptomatology from service discharge to diagnosis that made the difference. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Get the real info veterans need to file successfully for sleep apnea disability benefits. Federal Register :: Presumptive Service Connection for Respiratory These machines create airway pressure to help the individual breathe throughout the night. As youve seen, claims for obstructive sleep apnea can be trickyyet important to pursue if youre suffering from this disability, so you can get the benefits you deserve and care you need. The team at Hill & Ponton may be able to assist you with a denial of benefits for sleep apnea. Sleep apnea can be aggravated by PTSD (secondary to PTSD), also an extremely common disorder for veterans. When he got to the BVA, the following evidence was in his C-File: Statements from the Veterans wife describing the sleep apnea symptomatologysince the Veteran returned from Iraq until his 2007 diagnosis. Sleep apnea can be service-connected in two ways: either direct service connection or secondary service connection. Here are some of the most common symptoms of central and obstructive sleep apnea: Morning headache Having a dry mouth when you wake up Loud snoring Periods in which you stop breathing when you sleep Difficulty staying asleep Trouble paying attention while awake Irritability Daytime sleepiness Sexual dysfunction Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. The VA awards disability ratings for sleep apnea at the 0 percent, 30 percent, 50 percent, and 100 percent levels. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2016 - VeteransLawBlog.org - All Rights Reserved | Terms & Conditions | Legal Disclaimer, The Veterans Law Blog is NOT a law firm. 0%: Indicates that the claimant is largely asymptomatic but does show documented sleep apnea. Does Sleep Apnea Qualify as a VA Disability? 2022 Ratings Sometimes the VA will schedule re-examinations to determine if there has been an improvement with a veterans sleep apnea has improved. Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). "Among veterans with PTSD, sleep disturbances are nearly universal. There are cases in which your VA rating for sleep apnea would not be re-evaluated. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! If you prefer a paper copy, you can get it direct from the publisher by clicking here, or buy it on Amazon, by clicking on the link below: If its all too much and youre ready to hire an attorney that is accredited to handle VA Claims, and who focuses a lot of his firmslaw practice on VA SleepApnea claims, check out the Attig Steel law firm and request a consultation about your VA sleep apnea appeal. Example: How a Sleep Apnea Diagnosis Drives the VA Sleep Apnea claim. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. He had traditional sleep apnea symptoms, and was diagnosed with sleep apnea in January 2007. The denial of disability claims for unconfirmed, undiagnosed sleep apnea is a regular occurrence for the VA. Our firm was founded in 1986 in Orlando, Florida. The sleep apnea VA rating criteria are as follows: If you feel groggy during the day, you may be rated at 30 percent. Sleep apnea can make it hard for your brain to regulate blood flows in your arteries and in the brain itself. The symptoms have disappeared or are not severe enough to cause any issues. If youve filed your VA disability claim and have been denied or have received a low rating, or youre not sure how to get started, reach out to us for a FREE VA Claim Discovery Callso you can FINALLY get the disability rating and compensation you deserve. If you use a CPAP machine to address your sleep apnea, youre likely to be rated at least at 50 percent. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. The most trusted name in education-based resources for Veterans. In this post we'll explore how to get a service connected VA disability rating for Sleep Apnea secondary to Anxiety, even if you've already filed, been denied, or gave up. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). yet assertive representation for our clients. Sleep Apnea: VA Disability Ratings and Benefits | CCK Law What happens during a C&P exam for sleep apnea? For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Obesity greatly increases the risk of obstructive sleep apnea, due to excessive weight constricting the airway. 3 Steps to Veteran Disability Benefits for Sleep Apnea, 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD, 3 Ways to Get a VA Rating for Insomnia (The Insiders Guide). Sleep Apnea as secondary to PTSD Denied - Denial Letters - VA In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. One common scenario is when a veteran tries to claim sleep apnea as a primary condition when there was no diagnosis during active-duty service. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 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. First of all, lets explore a little about this common disability in veterans, so you understand the condition and why its important you pursue your claim and get the benefits you deserve. You may already be able to see how understanding the roots of your Sleep Apnea diagnosis can DRIVE your sleep apnea claim. Need a C&P exam for sleep apnea secondary to PTSD? * About 2 years after her discharge, she began having sleeping problems. During a C&P exam for sleep apnea, you will be asked questions about your condition and how it affects your day-to-day life. If you want to learn more about how to make lay and medical evidence work together in your VA sleep apnea disability claim, check out the Veterans Law Blog Build Your Sleep Apnea Claim RightField Manual Package. In order to prove a secondary service connection, youll need three things: PTSD doesnt have to be the main cause of your sleep apnea, but it does have to be connected. Sleep Apnea secondary to Asthma : r/VeteransBenefits - Reddit Want More Help with Your Sleep Apnea VA Claim? What made the difference was that the veteran inVA sleep apnea claim #1 lacked ANY lay evidence of sleep apnea symptomatology from service to diagnosis. caused or made worse by your active duty military service OR. How to Hire an Attorney For Your VA Claim or Appeal. However there are several rules that must be followed in order for this to occur: If the VA does propose a reduction of rating, then the veteran can submit an argument against it. If your obstructive sleep apnea VA claim, or other sleep apnea claim, was originally denied, you may be able to appeal the rating and receive VA disability compensation. Since that time, we have provided compassionate In December 2007, he filed a claim to service connect Sleep Apnea, as secondary to service-connected PTSD. Heres the deal Lets begin today's post with the Bottom Line Up Front (BLUF): It is HARD to get service connected for Sleep Apnea secondary to Depression. Physicians will treat sleep apnea depending on the type and severity of the condition. Just be mindful that a sleep apnea diagnosis isnt all about neck girth and obesity. 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.. The sleep study, while a critically important piece of evidence, is not DRIVING your VA sleep apnea claim. 1.3 million veterans enrolled in VA Healthcare have a sleep apnea diagnosis, With over 50 conditions that can be medically linked to sleep apnea. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. Save my name, email, and website in this browser for the next time I comment. (If you need an independent medical opinion in the VAs language, take a look at our VA Claims Insider Elite program. It also connects you with vetted medical professionals in our independent referral network for medical examinations and credible medical nexus letters. Hypersomnolence (i.e., excessive daytime sleepiness), Mental anxiety and/or depression related to combat, Use of alcohol, sedatives, certain medications or tranquilizers. If you meet the requirement of having a current diagnosis, you can obtain a service connection and VA rating for sleep apnea and receive disability benefits. Claire Szewczyk Updated: November 7, 2022. This would mean you had a sleep study conducted while on active duty and received a medical diagnosis of sleep apnea as a result of the study. In April 2004, he wastreated after his military service ended for fatigue and insomnia. Youd focus on the things that caused nerve damage that led to the central sleep apnea, brain trauma, or brain chemistry, for example. So she went back to her doctor she knew the diagnosis drives the Sleep Apnea Claim to understand HER diagnosis better. This is called a split-night sleep study. Do I need a nexus letter for sleep apnea? You DESERVE a HIGHER VA rating.WE CAN HELP. 203, San Jose, CA 95134 There are also many service-connected conditions that can result in sleep apnea. Lesson learned:Lay Evidence is the Bullet, and Medical Evidence is the rifle. What kind of CPAP machine does the VA use? For the most part, if you're a disabled veteran with a sleep apnea claim, the 50% sleep apnea rating is your best-case scenario. To be rated at 100 percent, you must experience chronic respiratory failure. Since you have already received a denial then you would have to submit a supplemental claim with new evidence and new ARGUMENTS. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. Many veterans dont even know what sleep apnea is while on active duty, let alone that they need a sleep study to prove they have it! So if this proposed change for sleep apnea ratings goes through, its possible that veterans may start getting lowballed ratings. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, no evidence of service connection for her Sleep Apnea. Hierher been adenine few people who can write layup statements for your claim. This sleep-disordered breathing leads to poor sleep quality and is a risk factor for the poor quality of life. To show your disability began during service, you will need to: Have a current diagnosis of sleep apnea with a sleep study; Provide VA with competent and credible lay evidence of symptoms of sleep apnea that occurred during your time in service (and which continued thereafter . Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. * Damage to the lungs themselves can lead to OSA. I then applied for VA disability and received a 90% rating. You're not alone. Thousands of other Veterans in our Community are here for you. The Veteran appealed, and had his first Board hearing (a remand for further development) in December 2009. An obstruction or a problem anywhere along that path of air, can cause Obstructive Sleep Apnea. The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both. Exposure to materials such as dust and fumes, and the resulting rhinitis or sinusitis, is also a common issue for veterans thats associated with sleep apnea. PTSDand the side effects of medications taken to address PTSDcan lead to the development of sleep apnea in a few different ways. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Sleep apnea is proven to significantly reduce a persons quality of life (in one study, the reduction in quality of life was equivalent to that observed with diabetes or hypertension). Making the Sausage: Heres what you need to know about new VA Claims regulations. Episodes where you stop breathing during sleep, Daytime sleepiness (hypersomnia) or insomnia, Lack of focus or difficulty concentrating, A medical diagnosis of sleep apnea confirmed by a sleep study in VA medical records or private records, A nexus (link) shown via medical evidence establishing a connection between the service-connected disability and the current disability (in this case, sleep apnea), Sleep apnea secondary to medication side effects, A medical diagnosis of sleep apnea confirmed with a sleep study, A service-connected PTSD disability rating (or another service-connected mental health condition), A medical nexus establishing a connection between your PTSD and sleep apnea, A basic CPAP, which keeps pressure constant all night long, A bilevel device (BiPAP), which provides two levels of pressuremore when you breathe in and less when you breathe out, An auto-CPAP device, which changes pressure throughout the night based on your body position, sleep stage, and snoring, You have difficulty working and lose productivity during the day due to napping, You have to use a CPAP or other breathing machine at night, Your depression or anxiety, exacerbated by loss of sleep, affect your relationships and work, Your inability to focus or concentrate or loss of memory affects your job or your safety, Your disability is considered permanent by the VA, Your disability is considered static by the VA, Sleep apnea symptoms persist without material improvement for five or more years (this is known as a stabilized rating), You have a continuous sleep apnea rating for 20 years or more, The VA has reviewed your entire medical history. Did the VA Benefit of the Doubt Rule just disappear? claim of entitlement to service connection for sleep apnea. One common scenario is when a veteran tries to claim sleep apnea as a primary condition when there was no diagnosis during active-duty service. This book is a must-read: I wrote it after talking to several doctors, hundreds of veterans who were denied sleep apnea in their VA disability claim, and after reading hundreds if not thousands of BVA and Court Decisions about Sleep Apnea. OSA largely results from a disruption inthe normal breathing process. In our opinion, the only time a veteran should pursue direct service connection for sleep apnea is if you had a sleep study performed while on active duty, which confirmed the presence of a sleep apnea condition (medically diagnosed) during active-duty service. For all about getting a VA rating for sleep apnea, see our post Your Sleep Apnea VA Rating A Guide to Getting a VA Disability Rating for Sleep Apnea. How to Use one VA Lay Display to Win Your Disabled Claims A person must have a polysomnogram, either in a sleep lab or at home, in order to be diagnosed with sleep apnea. Her husband told her she would snore loudly and wake up in the night often stopping breathing. Youll need to make the call on direct service connection versus secondary service connection. If I had a nickel for every time I heard someone say the following statement about a VA Sleep Apnea claim, I might be able to buy a damn nice race car: The VA denied sleep apnea in my claimthey said it was because I had no sleep study in service, the veteran says. The most common reason for denial of secondary claims is not establishing a strong enough connection between the service-connected disability and the sleep apnea. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Sleep Apnea Denial : r/Veterans - Reddit Both sinusitis and rhinitis are linked to sleep apnea. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. For this reason, a secondary service connection for sleep apnea is much more common. The Department denies these claims because they do not have sufficient evidence to conclusively say that a Veteran is suffering from sleep apnea without a diagnosis, even if the Veteran exhibits the symptoms of the disorder. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider Denied Disability Claim for Sleep Apnea December 28, 2015 Jim, I retired in 2011 with 22 active duty yrs of service. A credible nexus letter fulfills one of the requirements for secondary service connection for sleep apnea: medical nexus evidence establishing a connection between the service-connected disability and the current disability (sleep apnea). Why would a VA claim be denied Sleep Apnea? If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. Here is just a sampling of the problems that can obstruct the airway (notice how FEW of them have to do with obesity): * Deviated Septum (damage to the piece of cartilage that separates your nostrils), * Swelling in your nose due to allergic or other conditions, * Your tongue can fall back and obstruct the airway, * Reduction in the opening in the throat, or a narrowing of the side walls of your throat, * Damage to your vocal chords can restrict your airway. In this case, there must be a medical nexus to link the sleep apnea to their already service-connected disability. Central Sleep Apnea:aka,CSA, is essentially a type of sleep apnea where the brain and the lungs are not communicating properly. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Im not going to talk about it much here because Im not seeing it in VA claims and appeals just yet. or particulate exposure in burn pits, for example), blocks the air path at the point where the lungs move oxygen into the blood stream. Its an essential piece of evidence. You will need medical evidence that shows what type of sleep apnea you have (obstructive, central or mixed), how severe it is and if you can show how it was caused by your service in . These include: As youre gathering medical evidence to file your VA claim for sleep apnea, remember that just having a CPAP alone doesnt meet the VAs requirements for service connection. The major causes appear to be sleep deprivation and chronic stress. By doing so, you necessarily figure out which in-service events are most important to tie to it for purposes of establishing the element of nexus in a service connection claim. This examples proves my point, and it is one worth repeating: To recover VA disability compensation in your sleep apnea claim or appeal, first you must know and understand your sleep apnea diagnosis.
