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Some veterans with sleep apnea may experience improvement with lifestyle changes, but CPAP therapy is still among the most common treatments. It was denied. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. Conditions like COPD (due to asbestos. A provided a NEXUS statement that stated the apnea was more than 52% likely to be the cause. NOW ITS YOUR TURN. The VA rates all cases individually, but usually follow a guide of qualifying conditions. These sleep disturbances can occur from tens to hundreds of times per night. Thousands of other Veterans in our Community are here for you. Take advantage of a FREE VA Claim Discovery Call. Your Sleep Apnea VA Rating A Guide to Getting a - VA Claims Insider Since that time, we have provided compassionate Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. All Rights Reserved. How does this help you in YOUR VA Sleep Apnea Claims? By covering all the bases in your sleep apnea VA claim processhaving your sleep apnea diagnosed with a sleep study and connecting your sleep apnea to a service-connected condition with medical evidenceyoull set yourself up for success to get a service-connected VA rating for sleep apnea. If your VA disability claim has been denied, contact our office today for a free consultation at (401) 753-6359. How to Hire an Attorney For Your VA Claim or Appeal. This may be even easier for you now because of a new VA new rule as of August 2, 2021. The most trusted name in education-based resources for Veterans. Click the button below to get more information. Was it inhaling the air around the Burn Pits? 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. 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. Many of them have been diagnosed with the condition many years after leaving active duty. As a fellow disabled Veteran this is shameful and Im on a mission to change it. 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. This can occur from ten times to hundreds of times per night. * About 2 years after her discharge, she began having sleeping problems. Sleep apnea can be aggravated by PTSD (secondary to PTSD), also an extremely common disorder for veterans. Sleep apnea can make it hard for your brain to regulate blood flows in your arteries and in the brain itself. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. The 2 veterans had very different results at the BVA. Sleep Apnea and How it Affects Your VA Disability Rating For now, these ratings are merely a proposal so stay tuned to this page while we update. 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. We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you. Example: How a Sleep Apnea Diagnosis Drives the VA Sleep Apnea claim. This guide will outline the basics of sleep apnea, how the VA disability rating works for this condition, and how qualifying veterans can prove direct service connection as well as sleep apnea as a secondary service connected condition to PTSD. 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. In an April 2014 report, a VA examiner opined that Ms. Walsh's sleep apnea was "likely due to her Because sleep apnea affects how your body takes in oxygen, it can be linked to strokes. Our firm was founded in 1986 in Orlando, Florida. claim of entitlement to service connection for sleep apnea. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. In our experience, most VA disability claims are won or lost based on medical evidence. 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. There are three components to proving direct service connection for any VA disability claim: For the legal principles of direct service connection, see 38 CFR 3.303. However, in February 2022, VA proposed changes that would reclassify sleep apnea ratings to 0 percent, 10 percent, 30 percent, or 50 percent, with 100 percent for sleep apnea seeming even harder to qualify for. VA Sleep Apnea Claim - Deniedagain : r/Veterans - Reddit Is Sleep Apnea Could Be a Service-Connected VA Disability? 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. No proof of service connection (missing a nexus letter) Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. 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. 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. The nature of the diagnosis of sleep apnea narrows the in-service events that we focus on for nexus purposes. Camp Lejeune Lawsuit. A VA C&P exam concluding that sleep apnea was "less likely than not" related to military service. Were seeing veterans coming back from Iraq, Afghanistan, and the southwest Asia theater of war with severe sleep issues, which can oftentimesbe linked to PTSD. This includes having a sleep study done, a buddy letter from your spouse, and medical records from your doctor about your symptoms. Was your obstructive sleep apnea (OSA) VA claim denied? These sleep disturbances can occur from tens to hundreds of times per night. I just recently order the VA SLEEP APNEA FIELD MANUAL, I wonder if it is current its dated 2014. Why did 2 nearly identical VA sleep apnea claims have such different Check out the VA Sleep Apnea Field Manual. Did the VA Benefit of the Doubt Rule just disappear? 11:30 Why this obstructive sleep apnea claim was denied Sleep disordered breathing, as well as the myriad of symptoms linked with it (such as sleepiness and fatigue), can all exacerbate the relationship between sleep apnea and PTSD. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. She was a former US Airforce civilian employee, who worked at Hill Air Force Base, in Layton, UT as a flight testing administrator. Does Sleep Apnea Qualify as a VA Disability? 2022 Ratings He was denied service connection for sleep apnea by the BVA, despite extensive evidence of treatment for sleep apnea from 2007 2014, at VA medical facilities. Want More Help with Your Sleep Apnea VA Claim? Loved ones like family or close friends could also be a good help in sharing how your sleep has changed. 24% of those Veterans Sleep Apnea appeals were Granted. How to Hire an Attorney For Your VA Claim or Appeal. 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. The VA Regional Office denied his claim. Know your diagnosis, and you know what in-service events are most important to tie to it for purposes of establishing the element of nexus in a service connection claim. Central sleep apnea occurs when the brain either does not send signals to the muscles that control breathing or those signals are interrupted. The Veteran inVA sleep apnea claim #2 did it right by using lay, and medical evidence, together. this was in Sept last year, fast forward to now, and as i suspected my sleep apnea was denied connection to my PTSD. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. Although the VA diagnosed me with sleep apnea, they stated that they did not have enough evidence to tie my diagnosis with events I experienced during my deployment. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). This is so simple that most folks dont believe it. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, sleep apnea as a secondary service connected condition to PTSD, Calculate Your Potential Compensation Now. I will never prove my claim.. Reasons Why The VA May Deny Your Sleep Apnea Claim Being honest and thorough is important so everything can be properly documented. Hypersomnolence (i.e., excessive daytime sleepiness), Mental anxiety and/or depression related to combat, Use of alcohol, sedatives, certain medications or tranquilizers. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. United States Court of Appeals for Veterans Claims How hard is it to get VA disability for sleep apnea? So she went back to her doctor she knew the diagnosis drives the Sleep Apnea Claim to understand HER diagnosis better. They are putting the cart before the horse. Learn how your comment data is processed. This is the most common route of veterans' claims for sleep apnea. or particulate exposure in burn pits, for example), blocks the air path at the point where the lungs move oxygen into the blood stream. 203, San Jose, CA 95134 This places a disabled veteran in the VA's Group 1 for treatment. Need a C&P exam for sleep apnea secondary to PTSD? Its free to join and we dont win unless you win.). The VA Regional Office denied his claim. Since sleep apnea can correlate with conditions like heart disease and obesity, its important to seek treatment options. Essential Keys to Winning Your Sleep Apnea VA Benefits Claim That means that 3 out of every 4 Veterans are spending years in the VA Hamster Wheel trying to prove their Sleep Apnea service connection claims and appeals! * Damage to the lungs themselves can lead to OSA. are still among the most common treatments. use Medical & Lay Evidence in your Sleep Apnea Claim, 39 Conditions KNOWN to cause, aggravate, or be caused by, get it direct from the publisher by clicking here, check out the Attig Steel law firm and request a consultation about your VA sleep apnea appeal, Court of Appeals for Veterans Claims (CAVC). 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. 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. By the way, these examples come directly from 2 actual BVA decisions. 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. The symptoms have disappeared or are not severe enough to cause any issues. To be rated at 100 percent, you must experience chronic respiratory failure. Copyright 2023 VA Claims Insider, LLC. So if this proposed change for sleep apnea ratings goes through, its possible that veterans may start getting lowballed ratings. When he got to the BVA the following evidence was in his C-File: A disability rating at any given percentage (e.g., 30%, 50%, 100%) pays based on that percentage, no matter what condition(s) gives you that rating. 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). Br."). If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! At VA Claims Insider, we can help you win your claim and get the highest VA rating for sleep apnea. (The VA had already conceded the rape occurred as part of another part of this Veterans claim). (If you need an independent medical opinion in the VAs language, take a look at our VA Claims Insider Elite program. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). 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. If youre dealing with sleep apnea as a secondary condition to PTSD, you arent alone! 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. By focusing on what CAUSED the airway obstruction, you are forcingthe VA to focus on the in-service event and the nexus. A VA claim for sleep apnea can be denied for many reasons. 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. Br."). 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). 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. Our team of skilled attorneys has experience handling veterans' disability claims for Sleep Apnea, Insomnia, and more. There are three primary ways for veterans to get a sleep study: Once youve finished your sleep study, its important to review your results with a sleep specialist to confirm whether you have a medical diagnosis of sleep apnea. In order to help you with your secondary claim, we have put together this Insiders Guide! The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. These would include situations in which: According to 38 CFR 3.105(e), a rating reduction (for any condition) may only take place in cases where: The VA is also required to issue a veteran notice of a proposed reduction and give you 60 days to submit evidence and 30 days to request a hearing (unless the reduction would not change your compensation). The hard copy, if you would like to get that, is also the second editionyou can get the hard copy by clicking here. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. 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. Both disorders have risk factors that affect both sleep apnea and symptoms of PTSD, and the conditions can aggravate each other. Veterans NEED Information and Education to Improve their VA Sleep Apnea Appeals. There are many factors during and after service that make veterans vulnerable to this condition. VA Sleep Apnea Claim #1: This Veteran served in Iraq and Kuwait in 2003 to 2004. Traumatic brain injury and physical pain are also conditions that affect many veterans and can lead to sleep apnea. Get service-connected, get compensated and get the care you need! Sleep Apnea is a potentially serious sleep disorder in which a person's breathing is repeatedly interrupted, or ceases, during the course of a night's sleep. She enjoys working with the Veteran population and keeping them up to date with information they need the most. See our article Burn Pit Presumptive Conditions. Note: Millions of Philips CPAP Machines have been recalled due to toxic chemical seeping into mask and unknowingly being inhaled by sleep apnea patients. Lets look a little deeper at OSA for a minute Obstructive Sleep Apnea is by far the most common type of Sleep Apnea that affects veterans. Anxiety and depression can interfere with sleep patterns. Aug 11, 2021 #1 I was recently denied my claim for sleep apnea. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. If your initial rating decision letter says that future examinations are scheduled, or you dont have a 100% permanent and total rating, then your disability rating is not considered permanent or static by the VA. Spouse; Family Members; Friends; Colleagues; Other Service . Lay Statements are important! The VA prescribes several different types of CPAP machines. 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. The VA assigns the following ratings for veterans based on the severity of their sleep apnea: PTSD, Hypertension, Asthma, Cardiovascular Conditions, Type II Diabetes, Mental Health Conditions, Respiratory Conditions, Alzheimers disease. What DOES Drive the VA Sleep Apnea Claim? Before or in addition to CPAP therapy, lifestyle changes such as diet, exercise, and stress reduction may be recommended. He regularly writes about issues that are important to veterans and their families. 76% were Denied or Remanded for more evidence. OSA largely results from a disruption inthe normal breathing process. Yes, sleep apnea can be service-connectedand will need to be service-connected in order for you to get a disability rating for sleep apnea.