The 2 veterans had very different results at the BVA. (The VA had already conceded the rape occurred as part of another part of this Veterans claim). 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. VA claim for sleep apnea denied? Its this simple: without a bullet, a rifle is powerless. 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. The Higher-Level Review for OSA - VA Claims Insider Just be mindful that a sleep apnea diagnosis isnt all about neck girth and obesity. are still among the most common treatments. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. How does the diagnosis DRIVE your VA sleep apnea claim? VA Sleep Apnea claim denied I recently received word back from the VA that my sleep apnea claim was denied. 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. Because the medical research is slim to Why do so many veterans have sleep apnea? Direct service connection for sleep apnea can be difficult to obtain, as most successful cases require a diagnosis while on active duty. 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. 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. Obesity greatly increases the risk of obstructive sleep apnea, due to excessive weight constricting the airway. There are also many service-connected conditions that can result in sleep apnea. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! 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. Br."). 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. Its likely your doctor will need to order a sleep study to determine if you have sleep apnea. What Drives YOUR VA Sleep Apnea Claim? - Veterans Law Blog Sleep Apnea VA Rating | Veterans' Disability Benefits 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. This is especially relevant for veterans diagnosed with sleep apnea long after leaving the military. A C&P exam and a sleep apnea diagnosis are crucial to qualifying for the upper tiers of compensation. What is the current VA rating for sleep apnea? Excessive daytime sleepiness is the most noticeable signal for those who live alone. For veterans who have already been diagnosed with sleep apnea without a sleep study by the VA, the veteran may have to undergo a sleep study done by the VA in order to confirm the diagnosis for benefit purposes. www.va.gov 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. Get a Free Case Evaluation, The Link between Sleep Apnea and Hypertension, VA Disability Ratings for Insomnia and Sleep Disturbances, Sleep Apnea Secondary Connection to PTSD VA Disability, Other Medical Conditions Sleep Apnea is Connected With, VA Proposes Changes to Sleep Apnea Ratings, Common Sleep Apnea and Sleep Problems Symptoms in Veterans, VA CPAP Machines for Sleep Apnea Treatment, Establishing Service Connection For Sleep Apnea, C&P Exam for Sleep Apnea and Sleep Studies. Symptoms of obstructive sleep apnea include: If you experience many of these symptoms, we recommend seeing a doctor as soon as possible and seeking a diagnosis. While we still have our home base in Florida, 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. Typically the re-evaluation period is anywhere from two to five years after your initial examination. You're not alone. or particulate exposure in burn pits, for example), blocks the air path at the point where the lungs move oxygen into the blood stream. 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. When he got to the BVA the following evidence was in his C-File: 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. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. 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 also ranks #2 on our List of the Top 5 Secondary Conditions to PTSD. 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. This is the most common route of veterans' claims for sleep apnea. So if this proposed change for sleep apnea ratings goes through, its possible that veterans may start getting lowballed ratings. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. This field is for validation purposes and should be left unchanged. 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 VA disability claims account for nearly 1 in 4 respiratory claims. If your obstructive sleep apnea VA claim, or other sleep apnea claim, was originally denied, you may be able to appeal the rating and receive VA disability compensation. 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. This would mean you had a sleep study conducted while on active duty and received a medical diagnosis of sleep apnea as a result of the study. 6 People Who Can Write a VA Playing Statement. Do I need a nexus letter for sleep apnea? Weve supported more than 15,000 veterans to win their claims and increase their ratings. 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 Office of the Inspector General found that 1.3 million veterans enrolled in VA Healthcare have a sleep apnea diagnosis. Federal Register :: Presumptive Service Connection for Respiratory 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. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. 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. 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. Record Before the Agency ("R.") at 4-12. Is it difficult to stay awake performing tasks like driving, reading or watching TV? 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. These include: As youre gathering medical evidence to file your VA claim for sleep apnea, remember that just having a CPAP alone doesnt meet the VAs requirements for service connection. Bottom Line: Understanding YOUR VA Sleep Apnea diagnosis Drives YOUR Claim. 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. I applied for sleep apnea secondary PTSD about a year ago. To learn more about how this works, check out my book: Put it to Rest: Your VA Sleep Apnea Claim. Your email address will not be published. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. Has anyone in your family been diagnosed with sleep apnea? What happens during a C&P exam for sleep apnea? Your email address will not be published. By the way, these examples come directly from 2 actual BVA decisions. 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. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. I just recently order the VA SLEEP APNEA FIELD MANUAL, I wonder if it is current its dated 2014. A study conducted by the VA Healthcare System for San Diego and National Center for PTSD found that between 40 percent and 98 percent (!) 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. In this case, there must be a medical nexus to link the sleep apnea to their already service-connected disability. 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. Asymptomatic sleep apnea would not be compensated under the tentative regulation. Hypersomnolence (i.e., excessive daytime sleepiness), Mental anxiety and/or depression related to combat, Use of alcohol, sedatives, certain medications or tranquilizers. Its this simple. 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. Does Sleep Apnea Qualify as a VA Disability? 2022 Ratings This is called a split-night sleep study. If you continue to use this site we will assume that you are happy with it. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Your email address will not be published. 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. I will never prove my claim.. Accomplish you want to succeed in your Sleep Apnea VE Impairment Claim? 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. A private physician note indicates that prior to deployment to Iraq, the Veteran had no symptoms of, or treatment for, sleep apnea. 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). Now, it wasnt just the mere existence of lay evidence of sleep apnea symptomatology from service discharge to diagnosis that made the difference. Which primary disabilities make the best claims for secondary service connection of sleep apnea? aggravated beyond its natural progression by another service-connected condition (for secondary service connection). Research shows a strong correlation between deployments and sleep disorders, and sleep apnea is extremely common among veterans. #3: It passes through the throat muscles, between the vocal chords, and enters your lungs. REM (Rapid Eye Movement) sleep is also sometimes known as deep sleep. Sleep Apnea Denial Looking for some direction from people that have received rating for sleep apnea. 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. Do you currently smoke, or have you smoked in the past? Traumatic brain injury and physical pain are also conditions that affect many veterans and can lead to sleep apnea. 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. The nature of the diagnosis of sleep apnea narrows the in-service events that we focus on for nexus purposes. Most denials of sleep breathing requirements are due to. In order to help you with your secondary claim, we have put together this Insiders Guide! 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. No current medical diagnosis (within the last 12 months), or improper diagnosis #3. * 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. VA Sleep Apnea Claim - Deniedagain : r/Veterans - Reddit Camp Lejeune Lawsuit. If you have a breathing machine, you need to provide . 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. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 No current sleep study within the last 12 months #2. 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). 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. 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. VA Disability for Sleep Apnea: Proving Service Connection Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 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). We are sorry that this post was not as useful for you! The condition is given a serious VA disability rating . So she went back to her doctor she knew the diagnosis drives the Sleep Apnea Claim to understand HER diagnosis better. VA Disability Ratings for Sleep Disturbances | CCK Law This is rare, because most veterans dont realize they have sleep apnea until after theyve left military service. 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. A doctors diagnosis will be one of the keys to getting a sleep apnea VA rating. * Damage to the lungs themselves can lead to OSA. Diagnosing Sleep Apnea Sleep apnea can be service-connected in two ways: either direct service connection or secondary service connection. If the first half of the nights results confirm you have sleep apnea, the second half of the night will utilize the PAP device to prepare you for ongoing treatment. Evidence. This field is for validation purposes and should be left unchanged. This can occur from ten times to hundreds of times per night. 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). Central Sleep Apnea:aka,CSA, is essentially a type of sleep apnea where the brain and the lungs are not communicating properly. 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. 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. Sleep apnea can make it hard for your brain to regulate blood flows in your arteries and in the brain itself. The major causes appear to be sleep deprivation and chronic stress. 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 Secondary Connection to PTSD VA Disability Sleep apnea is rated under 38 CFR 4.97, diagnostic code 6847 Sleep Apnea Syndromes (Obstructive, Central Mixed). This blockage is caused when the back throat muscles relax, impairing the airflow. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. 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. 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. 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. 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. Anxiety and depression can interfere with sleep patterns. Did the VA Benefit of the Doubt Rule just disappear? * 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. Claire Szewczyk Updated: November 7, 2022. 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. 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. Central sleep apnea occurs when the brain either does not send signals to the muscles that control breathing or those signals are interrupted. Its an essential piece of evidence. Sleep Apnea and How it Affects Your VA Disability Rating In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. How does this help you in YOUR VA Sleep Apnea Claims? The VA prescribes several different types of CPAP machines. I then applied for VA disability and received a 90% rating. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Making the Sausage: Heres what you need to know about new VA Claims regulations. Both sinusitis and rhinitis are linked to sleep apnea. These Veterans Sleep Apnea Appeals Stats Will Shock You! 20 percent disability rating: $327.99 per month. 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. Learn how your comment data is processed. As a veteran, youre four times more likely than other Americans to develop sleep apnea. How to Hire an Attorney For Your VA Claim or Appeal. 30 percent disability rating: $508.05 per month. VA Claims insider is an education-based coaching/consulting company. * The 5 Reasons that 76% of VA Sleep Apnea claims are denied - and how to fix the problem in YOUR case. 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. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. First of all, lets explore a little about this common disability in veterans, so you understand the condition and why its important you pursue your claim and get the benefits you deserve. Get the real info veterans need to file successfully for sleep apnea disability benefits. Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). Phoenix, AZ: One Renaissance Tower, Two North Central Avenue, 18th & 19th Floor, Phoenix, AZ 85004 "Among veterans with PTSD, sleep disturbances are nearly universal. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Sleep apnea is one of the most common conditions veterans want to file a VA disability claim for. Note: Millions of Philips CPAP Machines have been recalled due to toxic chemical seeping into mask and unknowingly being inhaled by sleep apnea patients. PTSD is well-known for causing sleep deprivation, chronic stress, and an increase in body mass or obesity due to prescribed medications. You can link these two by detailing the side effects of PTSD that impact your sleep apnea, with the doctor writing your nexus letter. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. It can also work in reverse: sleep apnea can lead to other disabilities. 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. Lay Statements are important! Its sleep apnea that appears by itself, with no apparent causation. How to File a Claim on VA.gov (step-by-step)! Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Our team of skilled attorneys has experience handling veterans' disability claims for Sleep Apnea, Insomnia, and more.