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 field is for validation purposes and should be left unchanged. She was a former US Airforce civilian employee, who worked at Hill Air Force Base, in Layton, UT as a flight testing administrator. 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. Is it difficult to stay awake performing tasks like driving, reading or watching TV? A VA C&P exam from February 2012 concluding the veterans sleep apnea was less likely than not related to military service, on multiple legal theories. 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. This sleep-disordered breathing leads to poor sleep quality and is a risk factor for the poor quality of life. Sleep apnea and secondary service connection. #1: Air is pulled in through the nasal passages. Its this simple: without a bullet, a rifle is powerless. claim of entitlement to service connection for sleep apnea. #2: It crosses the uvula that dangling thing in the back of your throat. Making the Sausage: Heres what you need to know about new VA Claims regulations. During an evaluation for sleep apnea, a doctor may ask some of the following questions: During the exam, the doctor may also take into consideration your weight, neck circumference, or blood pressure (all which could put you at higher risk for sleep apnea). 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. 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. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. Both disorders have risk factors that affect both sleep apnea and symptoms of PTSD, and the conditions can aggravate each other. In our experience, OSA denials are almost always due to one or more of these five gaps: #1. Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. A 50% rating would be given if treatment was ineffective or you were unable to use therapies due to another condition. The denial of disability claims for unconfirmed, undiagnosed sleep apnea is a regular occurrence for the VA. Get the real info veterans need to file successfully for sleep apnea disability benefits. According to the VA, 1 in 5 veterans has obstructive sleep apnea. Loved ones like family or close friends could also be a good help in sharing how your sleep has changed. The Secretary of Veterans Affairs ("Secretary") filed a brief in this case on December 19, 2019 ("Sec. The VA rates all cases individually, but usually follow a guide of qualifying conditions. Sleep apnea is classified by the VA as sleep apnea syndromes (diagnostic code 6847). Finally, a 100% rating is available when sleep apnea is so severe that it involves organ damage. Check out our post on sleep apnea secondary connection with PTSD here! Some conditions that can be secondary to sleep apnea may include but are not limited to: If you have a service-connected condition that you believe is causing your sleep apnea, it may be a good idea to start to talk to your doctors about it. 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. (The VA had already conceded the rape occurred as part of another part of this Veterans claim). Also see our post What is a Service-Connected Disability? Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Conditions like COPD (due to asbestos. 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. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. A sleep apnea VA rating can be reduced by the VA. 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. 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. 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. Hierher been adenine few people who can write layup statements for your claim. Excessive daytime sleepiness is the most noticeable signal for those who live alone. When he got to the BVA the following evidence was in his C-File: Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. A VA claim for sleep apnea can be denied for many reasons. Copyright 2023 VA Claims Insider, LLC. In order to help you with your secondary claim, we have put together this Insiders Guide! It can also work in reverse: sleep apnea can lead to other disabilities. The Veteran inVA sleep apnea claim #2 did it right by using lay, and medical evidence, together. 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. 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. Learn how your comment data is processed. Type II Diabetes & Sleep Apnea Your email address will not be published. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 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 . A VA claim for sleep apnea can be denied for many reasons. The VA will call you from the following phone number: 1-800-827-1000. Even if you have a medical diagnosis during active-duty service, without a sleep study this is difficult to claim successfully. All Rights Reserved. Central Sleep Apnea:aka,CSA, is essentially a type of sleep apnea where the brain and the lungs are not communicating properly. This includes having a sleep study done, a buddy letter from your spouse, and medical records from your doctor about your symptoms. How does this help you in YOUR VA Sleep Apnea Claims? 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. If treatment for sleep apnea provides only limited alleviation, you will only receive ten percent of your maximum compensation, even if a CPAP machine is required. At VA Claims Insider, we help veterans understand and take control of the claims process so they can get the rating and compensation theyre owed by law. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Lets take a look at 2 VA Sleep ApneaClaims. You're not alone. Sleep apnea is one of the most common conditions veterans want to file a VA disability claim for. Sleep Apnea Denial Looking for some direction from people that have received rating for 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. There are cases in which your VA rating for sleep apnea would not be re-evaluated. Just be mindful that a sleep apnea diagnosis isnt all about neck girth and obesity. * She filed a claim with the VA, but was told that without a sleep study in the military, there was no evidence of service connection for her Sleep Apnea. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. This blockage is caused when the back throat muscles relax, impairing the airflow. These machines create airway pressure to help the individual breathe throughout the night. In order to determine whether you should be referred for a sleep study, a doctor will first perform a physical exam, ask about symptoms, and collect your personal and family history. Being honest and thorough is important so everything can be properly documented. You see, somewhere out there the general thinking generally wrong thinking has become that you need a sleep study in the military to prove that your current diagnosis of sleep apnea is related to your military service. 24% of those Veterans Sleep Apnea appeals were Granted. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. The 2 veterans had very different results at the BVA. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. VA regional office denied the claims and she appealed. You can submit a rebuttal Statement In Support of Claim but this will probable result in continued denial. You can link these two by detailing the side effects of PTSD that impact your sleep apnea, with the doctor writing your nexus letter. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). 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! 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. Learn how your comment data is processed. It also connects you with vetted medical professionals in our independent referral network for medical examinations and credible medical nexus letters. * She sought treatment, and after a couple of sleep studies, was diagnosed with OSA Obstructive Sleep Apnea. 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. Br."). 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. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Even veterans who had a sleep study in the military are denied service connection for sleep apnea by the VA. Like you, they are left scratching their head wondering why. She enjoys working with the Veteran population and keeping them up to date with information they need the most. Weve supported more than 15,000 veterans to win their claims. It is, at its core, an interruption of the communication network between the brain and the breathing muscles. 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. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. In our experience, OSA denials are almost always due to one or more of these five gaps: Fortunately, there are simple strategies you can employ to address these factorseven if the VA has already denied your VA claim for sleep apnea. 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. 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. In December 2007, he filed a claim to service connect Sleep Apnea, as secondary to service-connected PTSD. Direct service connection for sleep apnea can be difficult to obtain, as most successful cases require a diagnosis while on active duty. Sleep Apnea Denial : r/Veterans - Reddit The VA has found sustained improvement in your ability to function under the ordinary conditions of life. Check out our Philips CPAP Recall page here! The VA refers to mixed sleep apnea as a combination of the obstructive and central forms of the condition. What kind of CPAP machine does the VA use? Sleep Apnea VA Rating | Veterans' Disability Benefits A private physician note indicates that prior to deployment to Iraq, the Veteran had no symptoms of, or treatment for, sleep apnea. 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! Your email address will not be published. The VA prescribes several different types of CPAP machines. are still among the most common treatments. 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. Since that time, we have provided compassionate An obstruction or a problem anywhere along that path of air, can cause Obstructive Sleep Apnea. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 NOW ITS YOUR TURN. 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. You're not alone. REM (Rapid Eye Movement) sleep is also sometimes known as deep sleep. You wouldnt necessarily focus on proving the same in-service events if you were diagnosed with central sleep apnea, though. Your Sleep Apnea VA Rating A Guide to Getting a - VA Claims Insider The team at Hill & Ponton may be able to assist you with a denial of benefits for sleep apnea. Making the Sausage: Heres what you need to know about new VA Claims regulations. In an April 2014 report, a VA examiner opined that Ms. Walsh's sleep apnea was "likely due to her Top 5 Questions about Sleep Apnea VA Claims - Disability Denials After first reading these examples, the obvious answer is that the private examiners opinion in VA sleep apnea claim #2 was what made the difference. Getting a Claim for Sleep Apnea Approval - VA Claims Insider I applied for sleep apnea secondary PTSD about a year ago. 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. Traumatic brain injury and physical pain are also conditions that affect many veterans and can lead to sleep apnea. No current sleep study within the last 12 months #2. The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Sleep Apnea and How it Affects Your VA Disability Rating Why? In our experience, most VA disability claims are won or lost based on medical evidence. Many of them have been diagnosed with the condition many years after leaving active duty. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. I had a sleep study completed and the study indicated that I had obstructed sleep apnea and required a CPAP. How to Hire an Attorney For Your VA Claim or Appeal. 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. Sleep Apnea VA Claim: What is the VA Disability Rating for Sleep Apnea? Did the VA Benefit of the Doubt Rule just disappear? The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. 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. 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). You must have a medical statement from a doctor detailing how your sleep apnea is service-connected. How to File a Claim on VA.gov (step-by-step)! Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. 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! I then applied for VA disability and received a 90% rating. 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 . Spouse; Family Members; Friends; Colleagues; Other Service . Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Sometimes the VA will schedule re-examinations to determine if there has been an improvement with a veterans sleep apnea has improved. 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. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! While appellate litigation proceeded, the veteran underwent a VA sleep study, which diagnosed mild obstructive sleep apnea. 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. Before or in addition to CPAP therapy, lifestyle changes such as diet, exercise, and stress reduction may be recommended. 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. a medical nexus or link that shows the veterans sleep apnea is related to their in-service event, injury/illness. Claire Szewczyk is a Digital Content Coordinator for Hill & Ponton, PA in Florida. 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. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. 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. If youre dealing with sleep apnea as a secondary condition to PTSD, you arent alone! LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, describing the sleep apnea symptomatology, opined that the Veterans Sleep Apnea was, at least as likely as not, related, lay evidence of sleep apnea symptomatology from service to diagnosis. This may be even easier for you now because of a new VA new rule as of August 2, 2021. This can occur from ten times to hundreds of times per night. "Among veterans with PTSD, sleep disturbances are nearly universal. 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. All Rights Reserved. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Sleep apnea is a common condition that affects about22 million people nationwide. Obstructive sleep apnea (OSA) is one of the more common types of sleep apnea, which occurs when the upper airway repeatedly becomes blocked throughout the night. VA Sleep Apnea Claim - Deniedagain : r/Veterans - Reddit When youre granted a sleep apnea VA rating, you may also be assigned a re-evaluation period (unless the condition is classified as static). This is rare, because most veterans dont realize they have sleep apnea until after theyve left military service. Did the VA Benefit of the Doubt Rule just disappear? Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Also make sure to seek the care you need to get relief from the effect of sleep apnea on your health and life. 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. Sleep apnea is a serious sleep disorder in which breathing is briefly and repeatedly interrupted during sleep. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning 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. Complex Sleep Apnea: In September 2006, researchers at the Mayo Clinic identified a new type of Sleep Apnea whichthey are calling complex 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. Example: How a Sleep Apnea Diagnosis Drives the VA Sleep Apnea claim. Sleep Apnea secondary to Asthma : r/VeteransBenefits - Reddit of veterans with PTSD also have a co-occuring sleep disturbance, including obstructive sleep apnea (OSA). Not surprisingly, the VA Regional Office denied the claim in June 2008. How VA Diagnoses Sleep Apnea in Veterans. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. 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 subscribing to the Veterans Law Blog you get a free copy of the eBook version - along with many more training manuals and instructional videos.
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