Sleep Apnea is a potentially serious sleep disorder in which a persons breathing is repeatedly interrupted, or ceases, during the course of a nights sleep. 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.. Is it difficult to stay awake performing tasks like driving, reading or watching TV? You can link these two by detailing the side effects of PTSD that impact your sleep apnea, with the doctor writing your nexus letter. Making the Sausage: Heres what you need to know about new VA Claims regulations. 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. VA Disability Ratings for Sleep Disturbances | CCK Law 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. I just recently order the VA SLEEP APNEA FIELD MANUAL, I wonder if it is current its dated 2014. Having a doctor connect your sleep apnea to your secondary service-connected disability will greatly improve your chances of winning a sleep apnea VA rating. sleep apnea secondary connection with PTSD, Denied for Benefits? How to Hire an Attorney For Your VA Claim or Appeal. 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. 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. A sleep apnea VA rating can be reduced by the VA. In order to determine whether you should be referred for a sleep study, a doctor will first perform a physical exam, ask about symptoms, and collect your personal and family history. this was in Sept last year, fast forward to now, and as i suspected my sleep apnea was denied connection to my PTSD. The condition is given a serious VA disability rating . A disability rating at any given percentage (e.g., 30%, 50%, 100%) pays based on that percentage, no matter what condition(s) gives you that rating. All of these can contribute to sleep apnea. 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. Accomplish you want to succeed in your Sleep Apnea VE Impairment Claim? Lesson learned:Lay Evidence is the Bullet, and Medical Evidence is the rifle. 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. Was it the blow to the throat when you were thrown against the side of the Hum-vee in that mortar attack? are still among the most common treatments. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. This is especially relevant for veterans diagnosed with sleep apnea long after leaving the military. If your initial rating decision letter says that future examinations are scheduled, or you dont have a 100% permanent and total rating, then your disability rating is not considered permanent or static by the VA. The veteran in VA sleep apnea claim #2 had exactly that. There are many factors during and after service that make veterans vulnerable to this condition. 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. He was diagnosed with sleep apnea in 2007, after his military service. I submitted a supplemental claim adding some articles and VA reviews showing correlation with PTSD. Both sinusitis and rhinitis are linked to sleep apnea. claim of entitlement to service connection for sleep apnea. Spouse; Family Members; Friends; Colleagues; Other Service . Please call for an appointment before visiting: Mail Processing Center: P.O. 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. Weve supported more than 15,000 veterans to win their claims and increase their ratings. All Rights Reserved. Save my name, email, and website in this browser for the next time I comment. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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! All Rights Reserved. You must have a medical statement from a doctor detailing how your sleep apnea is service-connected. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. I will never prove my claim.. What really makes your VA Sleep Apnea claim race through the VA disability claim system is this one thing: Your response, I imagine, might be something like this: To understand HOW the diagnosis drives a veterans VA Sleep Apnea Claim, we have to first understand the 3 different types of Sleep Apnea: obstructive, central, and complex. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Bringing someone with you to the appointment may also be useful. The sleep apnea VA rating criteria are as follows: If you feel groggy during the day, you may be rated at 30 percent. The VA rates all cases individually, but usually follow a guide of qualifying conditions. PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Sleep Apnea as secondary to PTSD Denied - Denial Letters - VA 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. These Veterans Sleep Apnea Appeals Stats Will Shock You! 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. How does the diagnosis DRIVE your VA sleep apnea claim? These sleep disturbances can occur from tens to hundreds of times per night. 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. 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. Can the VA take away my sleep apnea rating? Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. A disability with a secondary service connection is a condition that was caused or made worse by an already existing service-connected condition. The denial of disability claims for unconfirmed, undiagnosed sleep apnea is a regular occurrence for the VA. Essential Keys to Winning Your Sleep Apnea VA Benefits Claim 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 Typically, sleep apnea symptoms are at their worst during REM Sleep due to the bodys naturally-occurring reduced muscle tone in the bodys airway. Posted May 20, 2022 (edited) 1. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Im not going to talk about it much here because Im not seeing it in VA claims and appeals just yet. 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. The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both. 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! A current disability (medical diagnosis in medical records), An in-service event, injury, disease, or aggravation; and, evidence of chronicity and continuity in your service treatment records and private treatment records, or, A medical diagnosis of sleep apnea confirmed by a sleep study in VA medical records or private records (sleep study in past 12 months), Medical nexus evidence establishing a connection between. book: Put it to Rest: Your VA Sleep Apnea Claim. How to File a Claim on VA.gov (step-by-step)! Want More Help with Your Sleep Apnea VA Claim? Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. The VA refers to mixed sleep apnea as a combination of the obstructive and central forms of the condition. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! Evidence. 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. Federal Register :: Presumptive Service Connection for Respiratory Anxiety and depression can interfere with sleep patterns. A Continuous Positive Airway Pressure (CPAP) machine helps treat sleep apnea by delivering a stream of air into your airways through a mask and a tube. If your VA disability claim has been denied, contact our office today for a free consultation at (401) 753-6359. I hope this post can give you some insight into how to improve your VA sleep apnea claims. In this blog post, we will discuss how. 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. What makes these 2 VA sleep apnea claims different? Why did 2 nearly identical VA sleep apnea claims have such different yet assertive representation for our clients. In fact, even if the Veteran inVA sleep apnea claim #2 had not had a private medical opinion, that lay evidence would have completely undercut the VA C&P examin that claimbecause that VA C&P opinion did NOT consider the lay statements of the ongoing and chronic symptoms of sleep apnea from discharge to diagnosis. Thousands of other Veterans in our Community are here for you. Lets take an actual veterans sleep apnea claim (Ive disguised this veterans identity because this is a true story). The Veteran inVA sleep apnea claim #2 did it right by using lay, and medical evidence, together. At its core, Complex, or mixed, Sleep Apnea is a type of sleep apnea with mixed causes. Sleep apnea is rated under 38 CFR 4.97, diagnostic code 6847 Sleep Apnea Syndromes (Obstructive, Central Mixed). Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 203, San Jose, CA 95134 Its this simple: without a bullet, a rifle is powerless. Your email address will not be published. PTSD, may be at higher risk for sleep apnea than the general population. Do you feel tired or sleepy during the day? 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 can make it hard for your brain to regulate blood flows in your arteries and in the brain itself. If a doctor thinks its highly likely you have sleep apnea, the sleep study may also involve a positive air pressure (PAP) device. 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. 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. 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. When he got to the BVA the following evidence was in his C-File: What kind of CPAP machine does the VA use? For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. The Higher-Level Review for OSA - VA Claims Insider 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). These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. 401-331-6300. Estimate your 2023 VA Rating & Compensation for FREE! Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. 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. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Though the path from your nose to your lungs is a short one, there are a lot of parts of your body that air has to pass through. Her husband told her she would snore loudly and wake up in the night often stopping breathing. 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). Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider 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. 40 percent disability rating: $731.86 per month. Since 2009, veterans' claims for sleep apnea have increased 150%, more than 94% of these coming from veterans of Gulf War I or the Iraq and Afghanistan wars. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Required fields are marked *. #3: It passes through the throat muscles, between the vocal chords, and enters your lungs. She was a former US Airforce civilian employee, who worked at Hill Air Force Base, in Layton, UT as a flight testing administrator. * About 2 years after her discharge, she began having sleeping problems. Just be mindful that a sleep apnea diagnosis isnt all about neck girth and obesity. However, VA has not identified literature to support inclusion of sleep apnea as a presumption at this time. Why would a VA claim be denied Sleep Apnea? Check out our post on sleep apnea secondary connection with PTSD here! Mr. Davis filed his initial brief on September 9, 2019 ("App. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 0%: Indicates that the claimant is largely asymptomatic but does show documented sleep apnea. 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. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. 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. Denied Disability Claim for Sleep Apnea | Stateside Legal This sleep-disordered breathing leads to poor sleep quality and is a risk factor for the poor quality of life. The VA awards disability ratings for sleep apnea at the 0 percent, 30 percent, 50 percent, and 100 percent levels. Sleep Apnea: VA Disability Ratings and Benefits | CCK Law 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. Most denials of sleep breathing requirements are due to. How VA Diagnoses Sleep Apnea in Veterans. VA Secondary Conditions to Sleep Apnea - CCK Law 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. Do I need a nexus letter for sleep apnea? VA Disability for Sleep Apnea: Proving Service Connection He had traditional sleep apnea symptoms, and was diagnosed with sleep apnea in January 2007. Even if you have a medical diagnosis during active-duty service, without a sleep study this is difficult to claim successfully. Lay Statements are important! If youre claiming sleep apnea as a secondary condition, make sure you already have a medical diagnosis before you make your claim. 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. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. * 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. What Drives YOUR VA Sleep Apnea Claim? - Veterans Law Blog According to the VBA , there were over 282,300 service-connected sleep apnea claims that were awarded in 2017. 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. United States Court of Appeals for Veterans Claims 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. Some veterans with sleep apnea may experience improvement with lifestyle changes, but CPAP therapy is still among the most common treatments. or particulate exposure in burn pits, for example), blocks the air path at the point where the lungs move oxygen into the blood stream. 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. These sleep disturbances can occur from tens to hundreds of times per night. 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. #2: It crosses the uvula that dangling thing in the back of your throat. Sleep apnea is proven to significantly reduce a persons quality of life (in one study, the reduction in quality of life was equivalent to that observed with diabetes or hypertension). 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). Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Its free to join and we dont win unless you win.). Also see our post on receiving a VA rating for sleep apnea secondary to PTSD. Is a CPAP machine the only treatment for sleep apnea? Need a C&P exam for sleep apnea secondary to PTSD? Central Sleep Apnea:aka,CSA, is essentially a type of sleep apnea where the brain and the lungs are not communicating properly. Research shows a strong correlation between deployments and sleep disorders, and sleep apnea is extremely common among veterans. 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. 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. The DBQ allows an examiner at a C&P exam to check boxes next to descriptions that best express how your sleep apnea is affecting you. This is so simple that most folks dont believe it. This field is for validation purposes and should be left unchanged. Your Sleep Apnea VA Rating A Guide to Getting a - VA Claims Insider A provided a NEXUS statement that stated the apnea was more than 52% likely to be the cause. * The 5 Reasons that 76% of VA Sleep Apnea claims are denied - and how to fix the problem in YOUR case. List of the Top 5 Secondary Conditions to PTSD. 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. How to Get a 100 Percent VA Rating (if deserved)! 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. The VA prescribes several different types of CPAP machines. Reasons Why The VA May Deny Your Sleep Apnea Claim PTSDand the side effects of medications taken to address PTSDcan lead to the development of sleep apnea in a few different ways. Sleep Apnea VA Claim: What is the VA Disability Rating for Sleep Apnea? 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. Physicians will treat sleep apnea depending on the type and severity of the condition. Why do so many veterans have sleep apnea? 76% were Denied or Remanded for more evidence. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Is Sleep Apnea Could Be a Service-Connected VA Disability? While some individuals with breathing disorders may show improvement from lifestyle changes, breathing assistance devices such as CPAP machines (Continuous Positive Airway Pressure), BiPap machines, etc. This field is for validation purposes and should be left unchanged. A study conducted by the VA Healthcare System for San Diego and National Center for PTSD found that between 40 percent and 98 percent (!) Sleep apnea is a common condition that affects about22 million people nationwide. Thats the original copyright date, Marcus; the ebook version in the bookstore is the 2nd edition, updated in 2016. Build Your Sleep Apnea Claim RightField Manual Package. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Do you take naps? 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. we represent clients nationwide. He was denied support connectio nitrogen for sleep apneas by the BVA, despite extensive proof of treatment for sleep apnea away 2007 - 2014, at VE medical facilities. You're not alone. 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). You DESERVE a HIGHER VA rating.WE CAN HELP. The Veteran appealed, and had his first Board hearing (a remand for further development) in December 2009. 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. Why would a VA claim for sleep apnea be denied? How to Use one VA Lay Display to Win Your Disabled Claims 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. 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. NOW ITS YOUR TURN. The most common VA rating for sleep apnea is 50 percent. Why did 2 nearly identical VA sleep apnea claims have such different I had a sleep study completed and the study indicated that I had obstructed sleep apnea and required a CPAP. 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. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 This Veteran served in Iraq and Kuwait in 2003 to 2004. 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. For this reason, a secondary service connection for sleep apnea is much more common. There are risk factors that overlap in both disorders affecting sleep apnea and symptoms of PTSD, oftentimes aggravating the conditions. VA Sleep Apnea Claim - Deniedagain : r/Veterans - Reddit 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.
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