of veterans with PTSD also have a co-occuring sleep disturbance, including obstructive sleep apnea (OSA). Its this simple. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. There are many factors during and after service that make veterans vulnerable to this condition. 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. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Hypersomnolence (i.e., excessive daytime sleepiness), Mental anxiety and/or depression related to combat, Use of alcohol, sedatives, certain medications or tranquilizers. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. 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. How to Hire an Attorney For Your VA Claim or Appeal. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. 401-331-6300. Many of them have been diagnosed with the condition many years after leaving active duty. By subscribing to the Veterans Law Blog you get a free copy of the eBook version - along with many more training manuals and instructional videos. * Damage to the lungs themselves can lead to OSA. They denied my Sleep Apnea when I originally applied for disability on the grounds that there was no complaints or history of sleep apnea in my military records. Recently, it has been widely accepted by the, According to theNational Sleep Foundation, insomnia is a chronic sleep disorder, characterized by complaints of unsatisfactory sleep, despite having ample opportunity to sleep. 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. A sleep apnea VA rating can be reduced by the VA. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. All of these can contribute to sleep apnea. Want More Help with Your Sleep Apnea VA Claim? * Any damage to your nose, face, mouth, throat, neck, chest, or diaphragm can cause the airway to be obstructed, or the airflow to be limited. Your sleep apnea rating will compensate you based on your conditions severity. The VA Regional Office denied his claim. Physicians will treat sleep apnea depending on the type and severity of the condition. A nexus letter is often the missing link in a VA claim. What DOES Drive the VA Sleep Apnea Claim? Bringing someone with you to the appointment may also be useful. In this case, there must be a medical nexus to link the sleep apnea to their already service-connected disability. At VA Claims Insider, we can help you win your claim and get the highest VA rating for sleep apnea. 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. we represent clients nationwide. You must have a medical statement from a doctor detailing how your sleep apnea is service-connected. The hard copy, if you would like to get that, is also the second editionyou can get the hard copy by clicking here. The sleep apnea VA rating criteria are as follows: If you feel groggy during the day, you may be rated at 30 percent. Research has shown that combat veterans with post-traumatic stress disorder, also known asPTSD, may be at higher risk for sleep apnea than the general population. How to Get a VA Rating for Sleep Apnea Secondary to Anxiety (The Insiders Guide), Can I Get a VA Rating for Sleep Apnea Secondary to Depression? Weve supported more than 15,000 veterans to win their claims and increase their ratings. To understand HOW the diagnosis drives a veterans VA Sleep Apnea Claim, we have to first understand the 3 different types of Sleep Apnea, * Damage to the lungs themselves can lead to OSA. This places a disabled veteran in the VA's Group 1 for treatment. The VA will call you from the following phone number: 1-800-827-1000. 17-59 208 DATE: September 8, 2021 REMAND Entitlement to service connection for sleep apnea is remanded. Check out the VA Sleep Apnea Field Manual. Also see our post on receiving a VA rating for sleep apnea secondary to PTSD. Save my name, email, and website in this browser for the next time I comment. * About 2 years after her discharge, she began having sleeping problems. Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim (FDC). See our article Burn Pit Presumptive Conditions. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices A 50% rating would be given if treatment was ineffective or you were unable to use therapies due to another condition. At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law. Sleep apnea is classified by the VA as sleep apnea syndromes (diagnostic code 6847). Mr. Davis filed his initial brief on September 9, 2019 ("App. This study will serve as medical evidence for the veterans case and can help to prove the medical condition or medical conditions that go into a total rating. We can helpreach out so we can show you how. He was diagnosed with sleep apnea in 2007, after his military service. Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. Its this simple: without a bullet, a rifle is powerless. 0%: Indicates that the claimant is largely asymptomatic but does show documented sleep apnea. Is a CPAP machine the only treatment for sleep apnea? A statement from the doctor, and some additional medical evidence regarding those facts, was enough to win the case for sleep apnea, and it is now (at least for this veteran) a service connected condition. 6 People Who Can Write a VA Playing Statement. Get a Free Case Evaluation, The Link between Sleep Apnea and Hypertension, VA Disability Ratings for Insomnia and Sleep Disturbances, Sleep Apnea Secondary Connection to PTSD VA Disability, Other Medical Conditions Sleep Apnea is Connected With, VA Proposes Changes to Sleep Apnea Ratings, Common Sleep Apnea and Sleep Problems Symptoms in Veterans, VA CPAP Machines for Sleep Apnea Treatment, Establishing Service Connection For Sleep Apnea, C&P Exam for Sleep Apnea and Sleep Studies. Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. A polysomnogram is a sleep study in which medical devices are used to monitor a persons breathing, heart rate, and the electrical activity of their brain waves while they sleep. Take advantage of a FREE VA Claim Discovery Call. Sleep apnea can be service-connected in two ways: either direct service connection or secondary service connection. Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. 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. I was however granted 10% for Asthma, as they said I would have gotten 30% if I had meds, which I did, and did submit that as evidence. 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. 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. When he got to the BVA the following evidence was in his C-File: A VA C&P exam concluding that sleep apnea was less likely than not related to military service. In fact, in VA sleep apnea claim #1, the Board made this statement: The Board finds that [the]absence of complaints, findings, or treatment during service or post-service until sleep apnea was diagnosed in August 2007 is highly probative, contemporaneous evidence, along with other factors, showing that sleep apnea did not manifest in service.. In this blog post, we will discuss how. Proposed rating must be based on entire medical history, Must show there has been improvement in veterans functionality, If you have a rating that has remained the same for over five years (stabilized), If you have a total disability rating, meaning 100 percent rating. High Blood Pressure Secondary to Obstructive Sleep Apnea: What Veterans Should Know Are you suffering from obstructive sleep apnea syndrome and hypertension? VA Sleep Apnea claim denied I recently received word back from the VA that my sleep apnea claim was denied. The private physician noted post-deployment symptomatology of sleep apnea, and opined that the Veterans Sleep Apnea was, at least as likely as not, related to the Veterans tours of duty in Iraq. While some individuals with breathing disorders may show improvement from lifestyle changes, breathing assistance devices such as CPAP machines (Continuous Positive Airway Pressure), BiPap machines, etc. Was your obstructive sleep apnea (OSA) VA claim denied? 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. You DESERVE a HIGHER VA rating.WE CAN HELP. Aug 11, 2021 #1 I was recently denied my claim for sleep apnea. Note: Millions of Philips CPAP Machines have been recalled due to toxic chemical seeping into mask and unknowingly being inhaled by sleep apnea patients. He regularly writes about issues that are important to veterans and their families. Veteran Service-Connected Sleep Apnea Claims on the Rise An increasing number of sleep apnea claims are cropping up among younger veterans. 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. In order to establish direct service connection for sleep apnea, a claimant must show that they have: A veteran can also establish service connection for sleep apnea on asecondarybasis. How VA Diagnoses Sleep Apnea in Veterans. 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. (The VA had already conceded the rape occurred as part of another part of this Veterans claim). Here are a few examples of how sleep apnea could be impacting your life, which youll want to clearly state and demonstrate in your C&P exam and in your claim: We recommend a nexus letter from a medical professional to connect your condition to your military service (or secondary to a service-connected disability) in order to improve your chances of receiving a rating for sleep apnea as a secondary condition. According to the VBA , there were over 282,300 service-connected sleep apnea claims that were awarded in 2017. A disability with a secondary service connection is a condition that was caused or made worse by an already existing service-connected condition. A VA C&P exam concluding that sleep apnea was "less likely than not" related to military service. 30 percent disability rating: $508.05 per month. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! The first step we like to suggest (aside from starting with VA Form 21-526EZ) is to get a medical opinion from your doctor when it comes to proving a sleep apnea claim. 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. yet assertive representation for our clients. Its likely your doctor will need to order a sleep study to determine if you have sleep apnea. This can range from CPAP therapy, lifestyle changes such as diet, exercise, and others. Lay Statements are important! You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Build Your Sleep Apnea Claim RightField Manual Package. The signs and symptoms of these three types of sleep apnea tend to overlap, sometimes making it difficult to determine which type a person has. In fact, even if the Veteran inVA sleep apnea claim #2 had not had a private medical opinion, that lay evidence would have completely undercut the VA C&P examin that claimbecause that VA C&P opinion did NOT consider the lay statements of the ongoing and chronic symptoms of sleep apnea from discharge to diagnosis. Claire Szewczyk Updated: November 7, 2022. Your email address will not be published. PTSDand the side effects of medications taken to address PTSDcan lead to the development of sleep apnea in a few different ways. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). Symptoms of obstructive sleep apnea include: If you experience many of these symptoms, we recommend seeing a doctor as soon as possible and seeking a diagnosis. While appellate litigation proceeded, the veteran underwent a VA sleep study, which diagnosed mild obstructive sleep apnea. Typically the re-evaluation period is anywhere from two to five years after your initial examination. 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. 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. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Unfortunately, VA does not always apply the law correctly. Accomplish you want to succeed in your Sleep Apnea VE Impairment Claim? The VA rates all cases individually, but usually follow a guide of qualifying conditions. Why would a VA claim be denied Sleep Apnea? I already have 70% for PTSD. What makes these 2 VA sleep apnea claims different? It was what the lay evidence DID that made all the difference in these two VA sleep apnea claims. Id like to tell you about their VA sleep apnea claims and show you why they had such different results. What kind of CPAP machine does the VA use? 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. She enjoys working with the Veteran population and keeping them up to date with information they need the most. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. 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. 76% were Denied or Remanded for more evidence. or particulate exposure in burn pits, for example), blocks the air path at the point where the lungs move oxygen into the blood stream. #3: It passes through the throat muscles, between the vocal chords, and enters your lungs. It is essential that you document symptoms and evidence to submit. Its an essential piece of evidence. The most trusted name in education-based resources for Veterans. * SSG Jones got out of the Army never had a sleep study done in the military after serving 2 tours in Iraq and 1 in Afghanistan. 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. Including a nexus letter for sleep apnea can be an important part of your claim to strengthen your case for a sleep apnea VA rating. You DESERVE a HIGHER VA rating.WE CAN HELP. Learn how your comment data is processed. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. The most documented VA percentages for sleep apnea are as follows: 0% Sleep apnea with documented sleep disorder breathing that is currently asymptomatic. Which primary disabilities make the best claims for secondary service connection of sleep apnea? He was denied support connectio nitrogen for sleep apneas by the BVA, despite extensive proof of treatment for sleep apnea away 2007 - 2014, at VE medical facilities. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Obstructive sleep apnea can cause daytime sleepiness, snoring, depression, difficulties with concentration, and loss of memory. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). VA claim for sleep apnea denied? Is it difficult to stay awake performing tasks like driving, reading or watching TV? Most denials of sleep breathing requirements are due to. Hierher been adenine few people who can write layup statements for your claim. Conditions like COPD (due to asbestos. Bottom Line: Understanding YOUR VA Sleep Apnea diagnosis Drives YOUR Claim. Sleep apnea also ranks #2 on our List of the Top 5 Secondary Conditions to PTSD. The causes of the condition can be a combination of CSA and OSA causes; it can also be that your CSA presents as OSA, and only becomes apparent as CSA after OSA treatment (this is called Treatment Emergent CSA). caused or made worse by your active duty military service OR. 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! Our firm was founded in 1986 in Orlando, Florida. Sleep apnea can make it hard for your brain to regulate blood flows in your arteries and in the brain itself. Additionally, there are some cases that the VA cannot schedule re-examinations: If you are interested in learning more about C&P examinations, check out our guide! In addition, during the C&P exam for a sleep apnea VA rating, its important to make the case for how your sleep apnea impacts your ability to work, your daily life, and your social life. The nature of the diagnosis of sleep apnea narrows the in-service events that we focus on for nexus purposes. The denial of disability claims for unconfirmed, undiagnosed sleep apnea is a regular occurrence for the VA. 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. Having a doctor connect your sleep apnea to your secondary service-connected disability will greatly improve your chances of winning a sleep apnea VA rating. Sleep apnea is a common condition that affects about22 million people nationwide. Citation Nr: 21055584 Decision Date: 09/08/21 Archive Date: 09/08/21 DOCKET NO. Since this condition is nearly epidemic among veterans, its important to learn what it takes to get a VA disability for sleep apnea, as well as how the condition may affect you. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. The same goes for depression and anxietyor any of the 33 mental health conditions rated by the VAwhich can be highly disruptive to sleep. By law, there are three evidentiary elements that must be satisfied for sleep apnea secondary conditions to prove secondary service connection: The first part can be satisfied with any existing medical evidence service treatment records, VA medical records, or any private medical records, assuming you do have a diagnosis of sleep apnea. The constant interruption of breathing can lead to reduced sleep quality, short-term memory loss, irritability and even mood disorders, as well as major metabolic diseases such as diabetes and heart disease. You're not alone. Central Sleep Apnea:aka,CSA, is essentially a type of sleep apnea where the brain and the lungs are not communicating properly. * The 5Reasons that 76% of VA Sleep Apnea claims are denied and how to fix the problem in YOUR case. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Need a C&P exam for sleep apnea secondary to PTSD? No current sleep study within the last 12 months, #2. It was this evidence the lay observation of symptoms and limitations of sleep apnea from time of service to diagnosis which made the veterans private medical opinion so powerful inVA sleep apnea claim #2. sleep apnea secondary connection with PTSD, Denied for Benefits? In this article, well help you understand the top 5 reasons OSA claims are deniedand even better, what to do about it if youve received a denial for your OSA claim. Check out our post on sleep apnea secondary connection with PTSD here! This can occur from ten times to hundreds of times per night. Anxiety and depression can interfere with sleep patterns. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 I hope this post can give you some insight into how to improve your VA sleep apnea claims. There are also many service-connected conditions that can result in sleep apnea. In VA sleep apnea claims, medical opinion evidence is the rifle, and lay evidence is the bullet. VA Sleep Apnea Claim #1: This Veteran served in Iraq and Kuwait in 2003 to 2004. 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). This field is for validation purposes and should be left unchanged. 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. Do you feel tired or sleepy during the day? claim of entitlement to service connection for sleep apnea. Since that time, we have provided compassionate Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. I applied for sleep apnea secondary PTSD about a year ago. A VA claim for sleep apnea can be denied for many reasons. Asymptomatic sleep apnea would not be compensated under the tentative regulation. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. I had a sleep study completed and the study indicated that I had obstructed sleep apnea and required a CPAP. For now, these ratings are merely a proposal so stay tuned to this page while we update. Under the current rating schedule, VA issues ratings at 0, 30, 50, 100 percent for sleep apnea even if treatments are somewhat effective in dealing with the condition. For veterans who have already been diagnosed with sleep apnea without a sleep study by the VA, the veteran may have to undergo a sleep study done by the VA in order to confirm the diagnosis for benefit purposes. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. She has also spent several years working with the Department of Veterans Affairs audiology programs in Salt Lake City, UT and Pocatello, ID. The disability rating youre given for sleep apnea is combined with any other disability ratings you have, if any, to give you an overall rating based on VA math. Get the real info veterans need to file successfully for sleep apnea disability benefits. If your Obstructive Sleep Apnea was caused by damage to your throat focus on the in-service events that caused that damage. Did the VA Benefit of the Doubt Rule just disappear? Believe it or not, buddy statements can be helpful in proving sleep apnea claims if you can find vets who you served with and heard you snoring, or can talk about the issues that led to the sleep apnea. OSA largely results from a disruption inthe normal breathing process. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Conditions like COPD (due to asbestos or particulate exposure in burn pits, for example), blocks the air path at the point where the lungs move oxygen into the blood stream. While we still have our home base in Florida, #1: Air is pulled in through the nasal passages. PTSD is well-known for causing sleep deprivation, chronic stress, and an increase in body mass or obesity due to prescribed medications. Denied Disability Claim for Sleep Apnea December 28, 2015 Jim, I retired in 2011 with 22 active duty yrs of service. This blockage is caused when the back throat muscles relax, impairing the airflow. If the first half of the nights results confirm you have sleep apnea, the second half of the night will utilize the PAP device to prepare you for ongoing treatment. Get service-connected, get compensated and get the care you need! While an OSA disability claim secondary to sinusitis/rhinitis is an easier path, veterans who are service-connected for PTSD (or other mental health conditions) are eligible for secondary service connection for their sleep apnea, and its possible to achieve an OSA disability claim secondary to PTSD with the right strategy and credible medical evidence. This sleep-disordered breathing leads to poor sleep quality and is a risk factor for the poor quality of life. Disability Denials LTD Insurance Denial Attorneys - National Disability Law Firm A National Disability Benefits Law Firm Home About Us Attorneys Our Legal Staff Client Services Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Think about it this way: if you are diagnosed with severe hearing loss, then to win your hearing loss claim, you arent going to waste your time telling the VA about your knee injuries. Click the button below to get more information. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month.
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