A polysomnogram at a sleep center might be preferred if you have heart or lung disease, risk factors for central sleep apnea or a history of other sleep disorders. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Save my name, email, and website in this browser for the next time I comment. Hierher been adenine few people who can write layup statements for your claim. Learn how your comment data is processed. of veterans with PTSD also have a co-occuring sleep disturbance, including obstructive sleep apnea (OSA). Record Before the Agency ("R.") at 4-12. may be at higher risk for sleep apnea than the general population. In our experience, if you did NOT have a sleep study while on active duty and you did not get a medical diagnosis of sleep apnea in the military, you should only attempt to service-connect your sleep apnea VA claim SECONDARY to another service-connected disability. 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. Lets take an actual veterans sleep apnea claim (Ive disguised this veterans identity because this is a true story). 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. It is, at its core, an interruption of the communication network between the brain and the breathing muscles. Also see our post on receiving a VA rating for sleep apnea secondary to 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. Before or in addition to CPAP therapy, lifestyle changes such as diet, exercise, and stress reduction may be recommended. 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. 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 Aug 11, 2021 #1 I was recently denied my claim for sleep apnea. "Among veterans with PTSD, sleep disturbances are nearly universal. Federal Register :: Presumptive Service Connection for Respiratory If you use a CPAP machine to address your sleep apnea, youre likely to be rated at least at 50 percent. High Blood Pressure Secondary to Obstructive Sleep Apnea: What Veterans Should Know Are you suffering from obstructive sleep apnea syndrome and hypertension? The VA Regional Office denied his claim. 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. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. Which primary disabilities make the best claims for secondary service connection of sleep apnea? 76% were Denied or Remanded for more evidence. This is the most common route of veterans' claims for sleep apnea. 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. 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. There are cases in which your VA rating for sleep apnea would not be re-evaluated. While appellate litigation proceeded, the veteran underwent a VA sleep study, which diagnosed mild obstructive sleep apnea. VA is currently reviewing the other disabilities reviewed by NASEM in the 2020 report for consideration for potential presumptive service connection. 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. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. 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. Even if you have a medical diagnosis during active-duty service, without a sleep study this is difficult to claim successfully. This sleep-disordered breathing leads to poor sleep quality and is a risk factor for the poor quality of life. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. A study conducted by the VA Healthcare System for San Diego and National Center for PTSD found that between 40 percent and 98 percent (!) The sleep study, while a critically important piece of evidence, is not DRIVING your VA sleep apnea claim. This means that a veteran has an already service-connected disability that caused the veteran to have sleep apnea. This includes having a sleep study done, a buddy letter from your spouse, and medical records from your doctor about your symptoms. Bottom Line: Understanding YOUR VA Sleep Apnea diagnosis Drives YOUR Claim. Our team of skilled attorneys has experience handling veterans' disability claims for Sleep Apnea, Insomnia, and more. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. 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! It is essential that you document symptoms and evidence to submit. There are many different symptoms that go, Sleep apnea is a common medical condition that can be caused by many different factors, including conditions like Posttraumatic Stress Disorder (PTSD). The Veteran appealed, and had his first Board hearing (a remand for further development) in December 2009. Phone. #3: It passes through the throat muscles, between the vocal chords, and enters your lungs. This Veteran served in Iraq and Kuwait in 2003 to 2004. 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. See our tips on how to obtain a credible nexus letter, Both sinusitis and rhinitis are linked to sleep apnea, Emerging research indicates a strong association between PTSD and sleep apnea, You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Disrupted breathing in which a persons respiration can become labored or even stop for up to a minute at a time, Limited attention span or difficulty thinking clearly, Snoring, including snoring that is especially loud and involves gasping, choking, or snorting that may cause a person to briefly wake up, #1. All Rights Reserved. Why did 2 nearly identical VA sleep apnea claims have such different For this reason, a secondary service connection for sleep apnea is much more common. 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). Please call for an appointment before visiting: Mail Processing Center: P.O. (If you need an independent medical opinion in the VAs language, take a look at our VA Claims Insider Elite program. 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. The VA refers to mixed sleep apnea as a combination of the obstructive and central forms of the condition. What happens during a C&P exam for sleep apnea? 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. OSA secondary to PTSD (or other mental health claim) is a more challenging claim to make, but it is still a top candidate for secondary service connection of sleep apnea. What is the current VA rating for sleep apnea? 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). The team at Hill & Ponton may be able to assist you with a denial of benefits for sleep apnea. Click the button below to get more information. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Sometimes the VA will schedule re-examinations to determine if there has been an improvement with a veterans sleep apnea has improved. * About 2 years after her discharge, she began having sleeping problems. 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. 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). Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. Unfortunately, VA does not always apply the law correctly. Obesity greatly increases the risk of obstructive sleep apnea, due to excessive weight constricting the airway. Our firm was founded in 1986 in Orlando, Florida. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. 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. The most documented VA percentages for sleep apnea are as follows: 0% Sleep apnea with documented sleep disorder breathing that is currently asymptomatic. This is especially relevant for veterans diagnosed with sleep apnea long after leaving the military. * 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. VA Secondary Conditions to Sleep Apnea - CCK Law Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Posted May 20, 2022 (edited) 1. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Making the Sausage: Heres what you need to know about new VA Claims regulations. Sleep apnea is classified by the VA as sleep apnea syndromes (diagnostic code 6847). Not surprisingly, the VA Regional Office denied the claim in June 2008. It was denied. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! The BVA is saying that there was no lay evidence (or medical evidence for that matter) from service to diagnosis of the veterans sleep apnea. As a fellow disabled Veteran this is shameful and Im on a mission to change it. 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. Note: Millions of Philips CPAP Machines have been recalled due to toxic chemical seeping into mask and unknowingly being inhaled by sleep apnea patients. 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. He was diagnosed with sleep apnea in 2007, after his military service. Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. A VA C&P exam concluding that sleep apnea was "less likely than not" related to military service. * The 5 Reasons that 76% of VA Sleep Apnea claims are denied - and how to fix the problem in YOUR case. The Veteran inVA sleep apnea claim #2 included the statement of the veterans wife describing the symptoms of sleep apnea from service 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. Its this simple: without a bullet, a rifle is powerless. 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 Youd focus on the things that caused nerve damage that led to the central sleep apnea, brain trauma, or brain chemistry, for example. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Its likely your doctor will need to order a sleep study to determine if you have sleep apnea. Your email address will not be published. Did the VA Benefit of the Doubt Rule just disappear? The medical examination may seem like extra hard work but could qualify that veteran for additional monthly compensation. Was your obstructive sleep apnea (OSA) VA claim denied? Sleep Apnea Secondary Connection to PTSD VA Disability He regularly writes about issues that are important to veterans and their families. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! We answer your questions about VA claims for sleep apnea compensation. 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. Many of them have been diagnosed with the condition many years after leaving active duty. 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. Most denials of sleep breathing requirements are due to. This blockage is caused when the back throat muscles relax, impairing the airflow. Its this simple. Membership gives you your very own veteran coach to walk you through the VA claim process from start to end, and access to proprietary resources. Your email address will not be published. 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. How to Use one VA Lay Display to Win Your Disabled Claims In order to help you with your secondary claim, we have put together this Insiders Guide! Weve supported more than 15,000 veterans to win their claims. If you are among the former military service members living with sleep apnea, you may be eligible for veterans disability compensation through the Department of Veterans Affairs. 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. 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.
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