20 percent disability rating: $327.99 per month. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. It was denied. The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both. 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. Posted May 20, 2022 (edited) 1. (The Insiders Guide). 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. * Damage to the lungs themselves can lead to OSA. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 If it has, there might be a rating reduction. 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. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). The Veteran inVA sleep apnea claim #2 did it right by using lay, and medical evidence, together. PTSDand the side effects of medications taken to address PTSDcan lead to the development of sleep apnea in a few different ways. 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. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! Since you have already received a denial then you would have to submit a supplemental claim with new evidence and new ARGUMENTS. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. How VA Diagnoses Sleep Apnea in Veterans. Check out the VA Sleep Apnea Field Manual. In this case, there must be a medical nexus to link the sleep apnea to their already service-connected disability. The hard copy, if you would like to get that, is also the second editionyou can get the hard copy by clicking here. In our experience, most VA disability claims are won or lost based on medical evidence. 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. In this blog post, we will discuss how. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. #2: It crosses the uvula that dangling thing in the back of your throat. 0%: Indicates that the claimant is largely asymptomatic but does show documented sleep apnea. 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. 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. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. 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. 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. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Is a CPAP machine the only treatment for sleep apnea? Weve supported more than 15,000 veterans to win their claims and increase their ratings. 17-59 208 DATE: September 8, 2021 REMAND Entitlement to service connection for sleep apnea is remanded. 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. San Jose, CA: 2880 Zanker Road, Ste. 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. If so, how often and how long are your naps? What kind of CPAP machine does the VA use? VA Sleep Apnea Claim #1: This Veteran served in Iraq and Kuwait in 2003 to 2004. Physicians will treat sleep apnea depending on the type and severity of the condition. Type II Diabetes & Sleep Apnea Since 2009, the number of veterans claims for sleep apnea has increased by over 150%, according to USA Today. Check out our Philips CPAP Recall page here! The statements of the veterans wife in sleep apnea claim #2, while not at all competent to show the causeof the sleep apnea, or its medical relation to sleep apnea, did show that the sleep apnea symptoms had existed from service to diagnosis. These machines create airway pressure to help the individual breathe throughout the night. Sleep apnea is a serious sleep disorder in which breathing is briefly and repeatedly interrupted during sleep. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Did the VA Benefit of the Doubt Rule just disappear? If youre claiming sleep apnea as a secondary condition, make sure you already have a medical diagnosis before you make your claim. A VA claim for sleep apnea can be denied for many reasons. 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. VA claim for sleep apnea denied? may be at higher risk for sleep apnea than the general population. * 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. The number of VA disability ratings that are awarded for sleep apnea is on the rise, however, it still fails to address the entire issue. 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. 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. What made the difference was that the veteran inVA sleep apnea claim #1 lacked ANY lay evidence of sleep apnea symptomatology from service to diagnosis. Sleep apnea can be aggravated by PTSD (secondary to PTSD), also an extremely common disorder for veterans. 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. Learn how your comment data is processed. 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. Anxiety and depression can interfere with sleep patterns. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 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. How to Hire an Attorney For Your VA Claim or Appeal. This sleep-disordered breathing leads to poor sleep quality and is a risk factor for the poor quality of life. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Do you feel tired or sleepy during the day? OSA largely results from a disruption inthe normal breathing process. Record Before the Agency ("R.") at 4-12. By focusing on what CAUSED the airway obstruction, you are forcingthe VA to focus on the in-service event and the nexus. Beyond the PTSD criterion symptoms of insomnia and nightmares, 40% to 98% of veterans with PTSD also have a co- occurring sleep disturbance such as obstructive sleep apnea (OSA), periodic leg movement disorder, sleep terrors, or nocturnal anxiety attacks. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Making the Sausage: Heres what you need to know about new VA Claims regulations. VA Sleep Apnea claim denied I recently received word back from the VA that my sleep apnea claim was denied. The VA prescribes several different types of CPAP machines. As a veteran, youre four times more likely than other Americans to develop sleep apnea. How to Get a 100 Percent VA Rating (if deserved)! I applied for sleep apnea secondary PTSD about a year ago. Get service-connected, get compensated and get the care you need! 30 percent disability rating: $508.05 per month. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! You're not alone. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! So she went back to her doctor she knew the diagnosis drives the Sleep Apnea Claim to understand HER diagnosis better. 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. What is the current VA rating for sleep apnea? Her husband told her she would snore loudly and wake up in the night often stopping breathing. However, VA has not identified literature to support inclusion of sleep apnea as a presumption at this time. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Many of them have been diagnosed with the condition many years after leaving active duty. Therefore, a well-crafted nexus letter for sleep apnea is the single most crucial document a veteran can provide the VA adjudicator to help prove service connection on an at least as likely as not basis. 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. When he got to the BVA the following evidence was in his C-File: caused or made worse by your active duty military service OR. In VA sleep apnea claims, medical opinion evidence is the rifle, and lay evidence is the bullet. Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. See our tips on how to obtain a credible nexus letter. We can helpreach out so we can show you how. How to File a Claim on VA.gov (step-by-step)! 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! 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.
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