You can choose to have a legal representative speak on your behalf at the informal conference, but I am a strong advocate in speaking for yourself in this matter. VA Sleep Apnea claim denied I recently received word back from the VA that my sleep apnea claim was denied. 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. 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? Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. Being honest and thorough is important so everything can be properly documented. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. The same goes for depression and anxietyor any of the 33 mental health conditions rated by the VAwhich can be highly disruptive to sleep. 203, San Jose, CA 95134 Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. In addition, during the C&P exam for a sleep apnea VA rating, its important to make the case for how your sleep apnea impacts your ability to work, your daily life, and your social life. If you use a CPAP machine to address your sleep apnea, youre likely to be rated at least at 50 percent. There are many factors during and after service that make veterans vulnerable to this condition. #1: Air is pulled in through the nasal passages. Excessive daytime sleepiness is the most noticeable signal for those who live alone. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Sleep apnea is a common condition that affects about22 million people nationwide. Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. Just be mindful that a sleep apnea diagnosis isnt all about neck girth and obesity. 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. 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. At that time, the VA may schedule a re-examination to verify if your sleep apnea symptoms still exist, and if theyve changed. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 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. Want More Help with Your Sleep Apnea VA Claim? Making the Sausage: Heres what you need to know about new VA Claims regulations. This is so simple that most folks dont believe it. NOW ITS YOUR TURN. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. A sleep apnea VA rating can be reduced by the VA. I will never prove my claim.. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. 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. Its likely your doctor will need to order a sleep study to determine if you have sleep apnea. Was your obstructive sleep apnea (OSA) VA claim denied? No current sleep study within the last 12 months #2. If so, how often and how long are your naps? Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). See our article Burn Pit Presumptive Conditions. Even if youve been denied before, its not too late! Check out the VA Sleep Apnea Field Manual. All Rights Reserved. The doctortold her that the genioglossus muscle the muscle that connects the tongue to the jawbone was substantially weakened and causing her tongue to fall backward while sleeping, blocking the airway. 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. Thanks to additions to the VA presumptive list, you may be able to presumptively service-connect rhinitis, sinusitis, rhinosinusitis or asthma if you served in particular theaters during specified time periods. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! 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. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! San Jose, CA: 2880 Zanker Road, Ste. 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. Hierher been adenine few people who can write layup statements for your claim. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Also see our post on receiving a VA rating for sleep apnea secondary to PTSD. This is especially relevant for veterans diagnosed with sleep apnea long after leaving the military. Obstructive Sleep Apnea: aka,OSA, is a type of sleep apnea that occurs when your airway is blocked or obstructed. A VA claim for sleep apnea can be denied for many reasons. Although all of these symptoms contribute to the interaction betweensleep apnea and PTSD, the main culprits seem to be sleep deprivation and chronic stress. 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. The major causes appear to be sleep deprivation and chronic stress. 3 Steps to Veteran Disability Benefits for Sleep Apnea, 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD, 3 Ways to Get a VA Rating for Insomnia (The Insiders Guide). It also connects you with vetted medical professionals in our independent referral network for medical examinations and credible medical nexus letters. How do I prove VA disability for sleep apnea? She was a former US Airforce civilian employee, who worked at Hill Air Force Base, in Layton, UT as a flight testing administrator. The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both. 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. 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. Check out our post on sleep apnea secondary connection with PTSD here! Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Sleep apnea and secondary service connection. I then applied for VA disability and received a 90% rating. You're not alone. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Your email address will not be published. Our team of skilled attorneys has experience handling veterans' disability claims for Sleep Apnea, Insomnia, and more. For all about getting a VA rating for sleep apnea, see our post Your Sleep Apnea VA Rating A Guide to Getting a VA Disability Rating for Sleep Apnea. Sleep apnea is rated under 38 CFR 4.97, diagnostic code 6847 Sleep Apnea Syndromes (Obstructive, Central Mixed). The 2 veterans had very different results at the BVA. Asymptomatic sleep apnea would not be compensated under the tentative regulation. Why? 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. 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). This book is a must-read: I wrote it after talking to several doctors, hundreds of veterans who were denied sleep apnea in their VA disability claim, and after reading hundreds if not thousands of BVA and Court Decisions about Sleep Apnea. She has also spent several years working with the Department of Veterans Affairs audiology programs in Salt Lake City, UT and Pocatello, ID. 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. 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 #1: This Veteran served in Iraq and Kuwait in 2003 to 2004. 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. In this case, there must be a medical nexus to link the sleep apnea to their already service-connected disability. Im not going to talk about it much here because Im not seeing it in VA claims and appeals just yet. 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. Estimate your 2023 VA Rating & Compensation for FREE! Thousands of other Veterans in our Community are here for you. Weve supported more than 15,000 veterans to win their claims. Estimate your 2023 VA Rating & Compensation for FREE! You DESERVE a HIGHER VA rating.WE CAN HELP. 10 percent disability rating: $165.92 per month. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! * About 2 years after her discharge, she began having sleeping problems. In order to help you with your secondary claim, we have put together this Insiders Guide! Did the VA Benefit of the Doubt Rule just disappear? This may be even easier for you now because of a new VA new rule as of August 2, 2021. 5 Star Evidence is KEY to a VA sleep apnea disability claim. Do you currently smoke, or have you smoked in the past? The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. Medical evidence and documented medical records from a VAC&P exam will be necessary for the process of filing your claim and could even reveal other secondary conditions. No current medical diagnosis (within the last 12 months), or improper diagnosis #3. EXCELLENT INFO SIR AND I WILL USE IT IN MY CLAIM!!!!! 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. #3: It passes through the throat muscles, between the vocal chords, and enters your lungs. It can also work in reverse: sleep apnea can lead to other disabilities. The team at Hill & Ponton may be able to assist you with a denial of benefits for sleep apnea. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. The condition is given a serious VA disability rating . Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 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. How hard is it to get VA disability for sleep apnea? Both sinusitis and rhinitis are linked to 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. What is the current VA rating for 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). This Veteran served in Iraq and Kuwait in 2003 to 2004. PTSDand the side effects of medications taken to address PTSDcan lead to the development of sleep apnea in a few different ways. 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. Br."). There isnt a single rating for sleep apnea, but a range of ratings depending on the severity of your condition (as is true for other disability ratings). Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. Sleep apnea can be aggravated by PTSD (secondary to PTSD), also an extremely common disorder for veterans. When he got to the BVA the following evidence was in his C-File: Take advantage of a FREE VA Claim Discovery Call. Is it difficult to stay awake performing tasks like driving, reading or watching TV? 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). 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. Physicians will treat sleep apnea depending on the type and severity of the condition. 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. Keeping a list of your symptoms and treatments can be beneficial evidence to submit. For now, these ratings are merely a proposal so stay tuned to this page while we update. Sleep apnea can make it hard for your brain to regulate blood flows in your arteries and in the brain itself. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Its this simple: without a bullet, a rifle is powerless. Not surprisingly, the VA Regional Office denied the claim in June 2008. * 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. Since that time, we have provided compassionate Also make sure to seek the care you need to get relief from the effect of sleep apnea on your health and life. 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. 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. Your email address will not be published. Phone. Get service-connected, get compensated and get the care you need! The VA Regional Office denied his claim. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. The most common VA rating for sleep apnea is 50 percent. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. If a doctor thinks its highly likely you have sleep apnea, the sleep study may also involve a positive air pressure (PAP) device. They are putting the cart before the horse. 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. We are sorry that this post was not as useful for you! Posted May 20, 2022 (edited) 1. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). Get the real info veterans need to file successfully for sleep apnea disability benefits. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. 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. I just recently order the VA SLEEP APNEA FIELD MANUAL, I wonder if it is current its dated 2014. Research has shown that combat veterans with post-traumatic stress disorder, also known asPTSD, may be at higher risk for sleep apnea than the general population. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 This field is for validation purposes and should be left unchanged. Type II Diabetes & Sleep Apnea The VA has found sustained improvement in your ability to function under the ordinary conditions of life. 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 can be service-connected in two ways: either direct service connection or secondary service connection. (The VA had already conceded the rape occurred as part of another part of this Veterans claim). A VA C&P exam concluding that sleep apnea was "less likely than not" related to military service. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. For this reason, a secondary service connection for sleep apnea is much more common. 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. If you continue to use this site we will assume that you are happy with it. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 This can occur from ten times to hundreds of times per night. Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. This includes having a sleep study done, a buddy letter from your spouse, and medical records from your doctor about your symptoms. If you meet the requirement of having a current diagnosis, you can obtain a service connection and VA rating for sleep apnea and receive disability benefits. These sleep disturbances can occur from tens to hundreds of times per night. 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. While appellate litigation proceeded, the veteran underwent a VA sleep study, which diagnosed mild obstructive sleep apnea. There are risk factors that overlap in both disorders affecting sleep apnea and symptoms of PTSD, oftentimes aggravating the conditions. I had a sleep study completed and the study indicated that I had obstructed sleep apnea and required a CPAP. Loved ones like family or close friends could also be a good help in sharing how your sleep has changed. You may also be asked to fill out what is called a Disability Benefits Questionnaire or a DBQ. I already have 70% for PTSD. 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. caused or made worse by your active duty military service OR. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. This blockage is caused when the back throat muscles relax, impairing the airflow. * SSG Jones got out of the Army never had a sleep study done in the military after serving 2 tours in Iraq and 1 in Afghanistan. PTSD is well-known for causing sleep deprivation, chronic stress, and an increase in body mass or obesity due to prescribed medications. 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.