The Veteran inVA sleep apnea claim #2 did it right by using lay, and medical evidence, together. "Among veterans with PTSD, sleep disturbances are nearly universal. Anxiety and depression can interfere with sleep patterns. Direct service connection for sleep apnea can be difficult to obtain, as most successful cases require a diagnosis while on active duty. If it has, there might be a rating reduction. Also see our post What is a Service-Connected Disability? #2: It crosses the uvula that dangling thing in the back of your throat. According to the VA, 1 in 5 veterans has obstructive sleep apnea. A 50% rating would be given if treatment was ineffective or you were unable to use therapies due to another condition. we represent clients nationwide. Because sleep apnea affects how your body takes in oxygen, it can be linked to strokes. In our experience, a well-crafted nexus letter for sleep apnea is the single most crucial document you can provide to help prove service connection on an at least as likely as not basis. Why? For this reason, a secondary service connection for sleep apnea is much more common. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). VA Sleep Apnea Claim #1: This Veteran served in Iraq and Kuwait in 2003 to 2004. 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. Sleep apnea VA disability claims account for nearly 1 in 4 respiratory claims. PTSD, may be at higher risk for sleep apnea than the general population. Our team of skilled attorneys has experience handling veterans' disability claims for Sleep Apnea, Insomnia, and more. Since that time, we have provided compassionate Lets take an actual veterans sleep apnea claim (Ive disguised this veterans identity because this is a true story). Getting a Claim for Sleep Apnea Approval - VA Claims Insider When the jaw was reset, it was done in such a way that caused the genioglossus muscle to weaken substantially although it happened over time. 203, San Jose, CA 95134 Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Claim Denied! Why Your SLEEP APNEA CLAIM Was Denied, and What You Can A person must have a polysomnogram, either in a sleep lab or at home, in order to be diagnosed with sleep apnea. 0%: Indicates that the claimant is largely asymptomatic but does show documented sleep apnea. #1: Air is pulled in through the nasal passages. 6 People Who Can Write a VA Playing Statement. Sleep apnea also ranks #2 on our List of the Top 5 Secondary Conditions to PTSD. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. A VA claim for sleep apnea can be denied for many reasons. The VA Regional Office denied his claim. The most trusted name in education-based resources for Veterans. The major causes appear to be sleep deprivation and chronic stress. * The 5Reasons that 76% of VA Sleep Apnea claims are denied and how to fix the problem in YOUR case. 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. Note: Millions of Philips CPAP Machines have been recalled due to toxic chemical seeping into mask and unknowingly being inhaled by sleep apnea patients. Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. Service connection on a secondary basis requires evidence of aggravation or causation.This requires that the secondary disability be shown to be proximately due to or proximately aggravated by another service-connected disability. 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. Posted May 20, 2022 (edited) 1. Studies have shown that war veterans exhibiting these symptoms tend to have increased frequency and length of apneic events that can be proven by a medical professional. Contact Us It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. 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). This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. 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. 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? 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. #3: It passes through the throat muscles, between the vocal chords, and enters your lungs. The VA Regional Office denied his claim. Please call for an appointment before visiting: Mail Processing Center: P.O. The medical examination may seem like extra hard work but could qualify that veteran for additional monthly compensation. 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. No current sleep study within the last 12 months #2. Research shows a strong correlation between deployments and sleep disorders, and sleep apnea is extremely common among veterans. The most common VA rating for sleep apnea is 50 percent. The 2 veterans had very different results at the BVA. Example: How a Sleep Apnea Diagnosis Drives the VA Sleep Apnea claim. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Learn how your comment data is processed. How does the diagnosis DRIVE your VA sleep apnea claim? Making the Sausage: Heres what you need to know about new VA Claims regulations. REM (Rapid Eye Movement) sleep is also sometimes known as deep sleep. 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 . 30 percent disability rating: $508.05 per month. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Sleep Apnea VA Claim: What is the VA Disability Rating for Sleep Apnea? Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Veterans that obtain a VA sleep apnea rating can regularly also service-connect strokes. How to Use one VA Lay Display to Win Your Disabled Claims study conducted by the VA Healthcare System for San Diego and National Center for PTSD. 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 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. The VA prescribes several different types of CPAP machines. How hard is it to get VA disability for sleep apnea? Get service-connected, get compensated and get the care you need! Since 2009, the number of veterans claims for sleep apnea has increased by over 150%, according to USA Today. All Rights Reserved. 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. Sleep apnea can make it hard for your brain to regulate blood flows in your arteries and in the brain itself. * How to use Medical & Lay Evidence in your Sleep Apnea Claim, * The 39 Conditions KNOWN to cause, aggravate, or be caused by Sleep Apnea, * The 4 Most Common VA Sleep Apnea scenarios and how to prove service connection in each. This is the most common route of veterans' claims for sleep apnea. OSA largely results from a disruption inthe normal breathing process. 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)so you can increase your rating faster! Its this simple: without a bullet, a rifle is powerless. 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). 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. This can range from CPAP therapy, lifestyle changes such as diet, exercise, and others. Can the VA take away my sleep apnea rating? Spouse; Family Members; Friends; Colleagues; Other Service . Once you understand the diagnosis and what doctors call the etiology or origin of your condition, proving service connection of sleep apnea is often a much easier path. (The VA had already conceded the rape occurred as part of another part of this Veterans claim). This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both. Claire Szewczyk Updated: November 7, 2022. Making the Sausage: Heres what you need to know about new VA Claims regulations. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. It also connects you with vetted medical professionals in our independent referral network for medical examinations and credible medical nexus letters. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Weve supported more than 15,000 veterans to win their claims. Check out the VA Sleep Apnea Field Manual. Was your obstructive sleep apnea (OSA) VA claim denied? Need a C&P exam for sleep apnea secondary to PTSD? Her husband told her she would snore loudly and wake up in the night often stopping breathing. 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. 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. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. 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. Did the VA Benefit of the Doubt Rule just disappear? Your email address will not be published. No proof of service connection (missing a nexus letter) 401-331-6300. 10 percent disability rating: $165.92 per month. Some veterans with sleep apnea may experience improvement with lifestyle changes, but CPAP therapy is still among the most common treatments. This is so simple that most folks dont believe it. A study conducted by the VA Healthcare System for San Diego and National Center for PTSD found that between 40 percent and 98 percent (!) Obesity greatly increases the risk of obstructive sleep apnea, due to excessive weight constricting the airway. Lay Statements are important! In our experience, OSA denials are almost always due to one or more of these five gaps: #1. Save my name, email, and website in this browser for the next time I comment. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Lesson learned:Lay Evidence is the Bullet, and Medical Evidence is the rifle. Br."). The VA refers to mixed sleep apnea as a combination of the obstructive and central forms of the condition. 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. 76% were Denied or Remanded for more evidence. Both disorders have risk factors that affect both sleep apnea and symptoms of PTSD, and the conditions can aggravate each other. Type II Diabetes & Sleep Apnea Many veterans are diagnosed with obstructive sleep apnea, and thereforewith an effective claim that includes the right evidenceshould be eligible for a sleep apnea VA rating. These Veterans Sleep Apnea Appeals Stats Will Shock You! 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. 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. With over 50 conditions that can be medically linked to sleep apnea, its important to understand the three elements required by law that must be satisfied in order for sleep apnea to be service-connected secondary to another service-connected disability. Accomplish you want to succeed in your Sleep Apnea VE Impairment Claim? Your sleep apnea rating will compensate you based on your conditions severity. Sleep Disturbances in Veterans: the Hurricane Threatening the Veterans Your Sleep Apnea VA Rating A Guide to Getting a - VA Claims Insider This is called a split-night sleep study. 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. (The Insiders Guide). 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. 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 BVA is saying that there was no lay evidence (or medical evidence for that matter) from service to diagnosis of the veterans sleep apnea. A sleep apnea VA rating can be reduced by the VA. The Higher-Level Review for OSA - VA Claims Insider If you continue to use this site we will assume that you are happy with it. * Damage to the lungs themselves can lead to OSA. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 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. He was diagnosed with sleep apnea in 2007, after his military service. The most common symptoms include: There are a multitude of potential causes of sleep apnea in adults, but in veterans specifically, the causes could include: To confirm a diagnosis of sleep apnea, a sleep study must be given to show that you are experiencing breathing problems, and other sleep disorders and health problems have been ruled out. of veterans with PTSD also have a co-occuring sleep disturbance, including obstructive sleep apnea (OSA). You wouldnt necessarily focus on proving the same in-service events if you were diagnosed with central sleep apnea, though. Conditions like COPD (due to asbestos. It is essential that you document symptoms and evidence to submit. If you have a breathing machine, you need to provide . 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. 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. 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. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. While appellate litigation proceeded, the veteran underwent a VA sleep study, which diagnosed mild obstructive sleep apnea. By focusing on what CAUSED the airway obstruction, you are forcingthe VA to focus on the in-service event and the nexus. 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. The denial of disability claims for unconfirmed, undiagnosed sleep apnea is a regular occurrence for the VA. Save my name, email, and website in this browser for the next time I comment. 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. I then applied for VA disability and received a 90% rating. book: Put it to Rest: Your VA Sleep Apnea Claim. VA may deny a sleep apnea claim based on different aspects, whether theres not enough medical evidence of sleep apnea or perhaps no logical connection between your military service and your current sleep apnea. This can occur from ten times to hundreds of times per night. Thousands of other Veterans in our Community are here for you. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! What is the current VA rating for sleep apnea? 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. Denied again. 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. Sleep apnea can be service-connected in two ways: either direct service connection or secondary service connection. While we still have our home base in Florida, 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. Do you currently smoke, or have you smoked in the past? Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 A private physician note indicates that prior to deployment to Iraq, the Veteran had no symptoms of, or treatment for, sleep apnea. 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Estimate your 2023 VA Rating & Compensation for FREE! How to File a Claim on VA.gov (step-by-step)! VA Disability Ratings for Sleep Disturbances | CCK Law Even if youve been denied before, its not too late! 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. NOW ITS YOUR TURN. Click the button below to get more information. www.va.gov As a part of the VAs duty to assist veterans in obtaining evidence to help prove their claim, the VA has a duty to assist veterans in scheduling the examination for a sleep study and helping them realize the VA disability claim that they are entitled to. When he got to the BVA the following evidence was in his C-File: Is Sleep Apnea Could Be a Service-Connected VA Disability? Even if you have a medical diagnosis during active-duty service, without a sleep study this is difficult to claim successfully. 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. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). 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. Symptoms of Sleep Apnea Loud snoring Gasping for air during sleep Awakening with a dry mouth Morning headache Hypersomnolence, or excessive daytime sleepiness Difficulty concentrating Oftentimes, the symptoms of the three types of sleep apnea can overlap, making diagnosis more difficult. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Typically the re-evaluation period is anywhere from two to five years after your initial examination. Id like to tell you about their VA sleep apnea claims and show you why they had such different results. Since sleep apnea can correlate with conditions like heart disease and obesity, its important to seek treatment options. In order to help you with your secondary claim, we have put together this Insiders Guide! Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. 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. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). I will never prove my 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. If you have a service-connected disability aggravating or causing your sleep apnea, you may be eligible to get service connection for sleep apnea on a secondary basis. Typically, sleep apnea symptoms are at their worst during REM Sleep due to the bodys naturally-occurring reduced muscle tone in the bodys airway. Sleep Apnea secondary to Asthma : r/VeteransBenefits - Reddit The hard copy, if you would like to get that, is also the second editionyou can get the hard copy by clicking here. 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. How does this help you in YOUR VA Sleep Apnea Claims? 24% of those Veterans Sleep Apnea appeals were Granted. 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. What DOES Drive the VA Sleep Apnea Claim? You must have a medical statement from a doctor detailing how your sleep apnea is service-connected. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. At its core, Complex, or mixed, Sleep Apnea is a type of sleep apnea with mixed causes. It can also work in reverse: sleep apnea can lead to other disabilities. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Required fields are marked *. OSA is a common denial veterans receive when pursuing a VA claim, but it doesnt have to beif you understand the condition and what your claim must include in order to be successful. 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. 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. 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). If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. At that time, the VA may schedule a re-examination to verify if your sleep apnea symptoms still exist, and if theyve changed. Sleep apnea often is thought of as a mild annoyance, but it is a significant condition that can lead to health issues ranging from hypertension, stroke and heart attack to depression, anxiety and headaches. Check out the VA Sleep Apnea Field Manual. For now, these ratings are merely a proposal so stay tuned to this page while we update. Its an essential piece of evidence. PTSDand the side effects of medications taken to address PTSDcan lead to the development of sleep apnea in a few different ways. 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. VA claim for sleep apnea denied? Denied Disability Claim for Sleep Apnea | Stateside Legal Sleep Apnea denial - Veterans Benefits Network 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. Sleep apnea is rated under 38 CFR 4.97, diagnostic code 6847 Sleep Apnea Syndromes (Obstructive, Central Mixed). VA Sleep Apnea Claim - Deniedagain : r/Veterans - Reddit These sleep disturbances can occur from tens to hundreds of times per night. Learn more about us, Veterans Disability Claim VA is currently reviewing the other disabilities reviewed by NASEM in the 2020 report for consideration for potential presumptive service connection. The three most common conditions resulting in a secondary service connection for sleep apnea and therefore a are: Research shows that combat veterans with PTSD may be at higher risk for sleep apnea than the general population. United States Court of Appeals for Veterans 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. 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. No current sleep study within the last 12 months, #2. 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.
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