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. Sleep apnea is one of the most common conditions veterans want to file a VA disability claim for. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 How to Claim Sleep Apnea Secondary to PTSD - Rep for Vets No current sleep study within the last 12 months #2. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Im not going to talk about it much here because Im not seeing it in VA claims and appeals just yet. 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. Todays post is about 2 veterans at the BVA, both with very similar VA sleep apnea claims. Sleep apnea is a serious sleep disorder in which breathing is briefly and repeatedly interrupted during sleep. The team at Hill & Ponton may be able to assist you with a denial of benefits for sleep apnea. VA regional office denied the claims and she appealed. It also connects you with vetted medical professionals in our independent referral network for medical examinations and credible medical nexus letters. The VA refers to mixed sleep apnea as a combination of the obstructive and central forms of the condition. Its likely your doctor will need to order a sleep study to determine if you have 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. Youll need to make the call on direct service connection versus secondary service connection. 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. Central sleep apnea occurs when the brain either does not send signals to the muscles that control breathing or those signals are interrupted. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 6 People Who Can Write a VA Playing Statement. Note: Millions of Philips CPAP Machines have been recalled due to toxic chemical seeping into mask and unknowingly being inhaled by sleep apnea patients. 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. How does this help you in YOUR VA Sleep Apnea Claims? 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. 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. 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. 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. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. 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. What is the current VA rating for sleep apnea? 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. Your final VA Disability Rating for Insomnia depends upon the Top 5 Reasons for Obstructive Sleep Apnea Claim Denials (Plus OSA Service Connection Tips), Steps and Strategies: How to Prove Service Connection for Sleep Apnea, Step #1: Get a NEW Sleep Study (within the past 12 months), Step #2: Obtain a medical diagnosis of sleep apnea from a sleep specialist, Step #3: Get a nexus letter for sleep apnea from a credible independent medical professional, Lack of Medical Evidence is the #1 Reason VA Claims are Denied, Step #4: Consider secondary service connection instead of direct service connection, Secondary Service Connection Requirements. 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. How VA Diagnoses Sleep Apnea in Veterans. In our experience, most VA disability claims are won or lost based on medical evidence. Although all of these symptoms contribute to the interaction betweensleep apnea and PTSD, the main culprits seem to be sleep deprivation and chronic stress. 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. For now, these ratings are merely a proposal so stay tuned to this page while we update. 17-59 208 DATE: September 8, 2021 REMAND Entitlement to service connection for sleep apnea is remanded. See our article Burn Pit Presumptive Conditions. This is the most common route of veterans' claims for sleep apnea. The most common VA rating for sleep apnea is 50 percent. 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. 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. Sleep apnea can be aggravated by PTSD (secondary to PTSD), also an extremely common disorder for veterans. 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. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. * 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. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). we represent clients nationwide. The "Bridge Claim": How to use Obesity to Service Connect Obstructive Why? As an aside, there is a fourth type of sleep apnea that has popped up lately in the medical world: idiopathic sleep apnea. List of the Top 5 Secondary Conditions to PTSD. You must have a medical statement from a doctor detailing how your sleep apnea is service-connected. The nature of the diagnosis of sleep apnea narrows the in-service events that we focus on for nexus purposes. Was it the blow to the throat when you were thrown against the side of the Hum-vee in that mortar attack? Sleep apnea treatment depends on the type and severity of the condition. He was diagnosed with sleep apnea in 2007, after his military service. There are many factors during and after service that make veterans vulnerable to this condition. 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. 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. 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). Making the Sausage: Heres what you need to know about new VA Claims regulations. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 use Medical & Lay Evidence in your Sleep Apnea Claim, 39 Conditions KNOWN to cause, aggravate, or be caused by, get it direct from the publisher by clicking here, check out the Attig Steel law firm and request a consultation about your VA sleep apnea appeal, Court of Appeals for Veterans Claims (CAVC). How does the diagnosis DRIVE your VA sleep apnea claim? 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). Need a C&P exam for sleep apnea secondary to PTSD? This means that a veteran has an already service-connected disability that caused the veteran to have sleep apnea. While appellate litigation proceeded, the veteran underwent a VA sleep study, which diagnosed mild obstructive sleep apnea. There are three components to proving direct service connection for any VA disability claim: For the legal principles of direct service connection, see 38 CFR 3.303. Even if you have a medical diagnosis during active-duty service, without a sleep study this is difficult to claim successfully. 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. You may already be able to see how understanding the roots of your Sleep Apnea diagnosis can DRIVE your sleep apnea claim. What DOES Drive the VA Sleep Apnea Claim? VA claim for sleep apnea denied? This field is for validation purposes and should be left unchanged. Learn how your comment data is processed. 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. 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. Can the VA take away my sleep apnea rating? 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. Was your obstructive sleep apnea (OSA) VA claim denied? * 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 blockage is believed to occur when the muscles in the back of the throat become overly relaxed. 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. NOW ITS YOUR TURN. (The VA had already conceded the rape occurred as part of another part of this Veterans claim). Type II Diabetes & Sleep Apnea He regularly writes about issues that are important to veterans and their families. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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. 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. 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. 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. 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. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. She enjoys working with the Veteran population and keeping them up to date with information they need the most. Conditions like COPD (due to asbestos or particulate exposure in burn pits, for example), blocks the air path at the point where the lungs move oxygen into the blood stream. A study conducted by the VA Healthcare System for San Diego and National Center for PTSD found that between 40 percent and 98 percent (!) Accomplish you want to succeed in your Sleep Apnea VE Impairment Claim? You only need to establish that your sleep apnea is at least as likely as not: A nexus letter is an evidence-based document prepared by a medical professional that helps to establish a connection between the veterans current disability and either military service (for direct service connection) or another rated disability (for secondary service connection). Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Typically the re-evaluation period is anywhere from two to five years after your initial examination. We are sorry that this post was not as useful for you! * The 5Reasons that 76% of VA Sleep Apnea claims are denied and how to fix the problem in YOUR case. Sleep apnea and secondary service connection. 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. Obesity greatly increases the risk of obstructive sleep apnea, due to excessive weight constricting the airway. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Is a CPAP machine the only treatment for sleep apnea? The sleep apnea VA rating criteria are as follows: If you feel groggy during the day, you may be rated at 30 percent. Claim Denied! Why Your SLEEP APNEA CLAIM Was Denied, and What You Can Excessive daytime sleepiness is the most noticeable signal for those who live alone. Record Before the Agency ("R.") at 4-12. Traumatic brain injury and physical pain are also conditions that affect many veterans and can lead to sleep apnea. Both disorders have risk factors that affect both sleep apnea and symptoms of PTSD, and the conditions can aggravate each other. 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 polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. Sleep Apnea Denial : r/Veterans - Reddit 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. 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. You're not alone. You may also be asked to fill out what is called a Disability Benefits Questionnaire or a DBQ. At its core, Complex, or mixed, Sleep Apnea is a type of sleep apnea with mixed causes. 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. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. Why would a VA claim be denied Sleep Apnea? I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 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. Some doctors may have you fill out a questionnaire about your sleep habits. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Phoenix, AZ: One Renaissance Tower, Two North Central Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Your email address will not be published. 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. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 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. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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). Thousands of other Veterans in our Community are here for you. If youre claiming sleep apnea as a secondary condition, make sure you already have a medical diagnosis before you make your claim. 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. I applied for sleep apnea secondary PTSD about a year ago. The Veteran appealed, and had his first Board hearing (a remand for further development) in December 2009. This field is for validation purposes and should be left unchanged. Also see our post on receiving a VA rating for sleep apnea secondary to PTSD. Take advantage of a FREE VA Claim Discovery Call. 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. A VA claim for sleep apnea can be denied for many reasons. This may be even easier for you now because of a new VA new rule as of August 2, 2021. A VA C&P exam concluding that sleep apnea was "less likely than not" related to military service. Reasons Why The VA May Deny Your Sleep Apnea 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. Exposure to materials such as dust and fumes, and the resulting rhinitis or sinusitis, is also a common issue for veterans thats associated with sleep apnea. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Why did 2 nearly identical VA sleep apnea claims have such different 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. caused or made worse by your active duty military service OR. You DESERVE a HIGHER VA rating.WE CAN HELP. (If you need an independent medical opinion in the VAs language, take a look at our VA Claims Insider Elite program. Sleep apnea is classified by the VA as sleep apnea syndromes (diagnostic code 6847). In order to help you with your secondary claim, we have put together this Insiders Guide! Asymptomatic sleep apnea would not be compensated under the tentative regulation. The VA will call you from the following phone number: 1-800-827-1000. VA Sleep Apnea Claim - Deniedagain : r/Veterans - Reddit The VA prescribes several different types of CPAP machines. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 What happens during a C&P exam for sleep apnea? By focusing on what CAUSED the airway obstruction, you are forcingthe VA to focus on the in-service event and the nexus. 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! Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 The major causes appear to be sleep deprivation and chronic stress. Why would a VA claim for sleep apnea be denied? Essential Keys to Winning Your Sleep Apnea VA Benefits Claim PTSDand the side effects of medications taken to address PTSDcan lead to the development of sleep apnea in a few different ways. 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 VA disability claims account for nearly 1 in 4 respiratory claims. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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). Save my name, email, and website in this browser for the next time I comment. When he got to the BVA the following evidence was in his C-File: We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 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. Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. To learn more about how this works, check out my book: Put it to Rest: Your VA Sleep Apnea Claim. * She sought treatment, and after a couple of sleep studies, was diagnosed with OSA Obstructive Sleep Apnea. 76% were Denied or Remanded for more evidence. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Please call for an appointment before visiting: Mail Processing Center: P.O. This is so simple that most folks dont believe it. 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. Hypersomnolence (i.e., excessive daytime sleepiness), Mental anxiety and/or depression related to combat, Use of alcohol, sedatives, certain medications or tranquilizers. 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. 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. Turns out, SSG Jones was raped in the Army a very violent rape by a Senior NCO in her unit. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 of veterans with PTSD also have a co-occuring sleep disturbance, including obstructive sleep apnea (OSA). According to the VBA , there were over 282,300 service-connected sleep apnea claims that were awarded in 2017. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! 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. 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. What makes these 2 VA sleep apnea claims different?

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