I had a sleep study completed and the study indicated that I had obstructed sleep apnea and required a CPAP. He had traditional sleep apnea symptoms, and was diagnosed with sleep apnea in January 2007. caused or made worse by your active duty military service OR. 6 People Who Can Write a VA Playing Statement. It also connects you with vetted medical professionals in our independent referral network for medical examinations and credible medical nexus letters. I hope this post can give you some insight into how to improve your VA sleep apnea claims. 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. I already have 70% for PTSD. Estimate your 2023 VA Rating & Compensation for FREE! Here are a few examples of how sleep apnea could be impacting your life, which youll want to clearly state and demonstrate in your C&P exam and in your claim: We recommend a nexus letter from a medical professional to connect your condition to your military service (or secondary to a service-connected disability) in order to improve your chances of receiving a rating for sleep apnea as a secondary condition. What DOES Drive the VA Sleep Apnea Claim? Central sleep apnea occurs when the brain either does not send signals to the muscles that control breathing or those signals are interrupted. A private physician note indicates that prior to deployment to Iraq, the Veteran had no symptoms of, or treatment for, sleep apnea. How to File a Claim on VA.gov (step-by-step)! Therefore, a well-crafted nexus letter for sleep apnea is the single most crucial document a veteran can provide the VA adjudicator to help prove service connection on an at least as likely as not basis. This may be even easier for you now because of a new VA new rule as of August 2, 2021. We answer your questions about VA claims for sleep apnea compensation. PTSDand the side effects of medications taken to address PTSDcan lead to the development of sleep apnea in a few different ways. If youve filed your VA disability claim and have been denied or have received a low rating, or youre not sure how to get started, reach out to us for a FREE VA Claim Discovery Callso you can FINALLY get the disability rating and compensation you deserve. What is the current VA rating for sleep apnea? 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. 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. The hard copy, if you would like to get that, is also the second editionyou can get the hard copy by clicking here. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. 17-59 208 DATE: September 8, 2021 REMAND Entitlement to service connection for sleep apnea is remanded. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! What happens during a C&P exam for sleep apnea? These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Sleep apnea is a common condition that affects about22 million people nationwide. A VA claim for sleep apnea can be denied for many reasons. In April 2004, he wastreated after his military service ended for fatigue and insomnia. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 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! The VA rates all cases individually, but usually follow a guide of qualifying conditions. * She sought treatment, and after a couple of sleep studies, was diagnosed with OSA Obstructive Sleep Apnea. This is called a split-night sleep study. Even if youve been denied before, its not too late! 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. In an April 2014 report, a VA examiner opined that Ms. Walsh's sleep apnea was "likely due to her Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Do you feel tired or sleepy during the day? Veteran Service-Connected Sleep Apnea Claims on the Rise An increasing number of sleep apnea claims are cropping up among younger veterans. This includes having a sleep study done, a buddy letter from your spouse, and medical records from your doctor about your symptoms. 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. Studies have shown that war veterans exhibiting these symptoms tend to have increased frequency and length of apneic events that can be proven by a medical professional. 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. Sleep apnea was noted as the top claimed and granted respiratory condition. Physicians will treat sleep apnea depending on the type and severity of the condition. 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. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. It was what the lay evidence DID that made all the difference in these two VA sleep apnea claims. Its likely your doctor will need to order a sleep study to determine if you have sleep apnea. Save my name, email, and website in this browser for the next time I comment. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. 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. Sometimes the VA will schedule re-examinations to determine if there has been an improvement with a veterans sleep apnea has improved. 30 percent disability rating: $508.05 per month. Once you understand the diagnosis and what doctors call the etiology or origin of your condition, proving service connection of sleep apnea is often a much easier path. 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. 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. Most denials of sleep breathing requirements are due to. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. 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. 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. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). Sleep apnea can be aggravated by PTSD (secondary to PTSD), also an extremely common disorder for veterans. If youre claiming sleep apnea as a secondary condition, make sure you already have a medical diagnosis before you make your claim. The condition is given a serious VA disability rating . In this case, there must be a medical nexus to link the sleep apnea to their already service-connected disability. VA regional office denied the claims and she appealed. The same goes for depression and anxietyor any of the 33 mental health conditions rated by the VAwhich can be highly disruptive to sleep. I filed the claim as as secondary to GERD a pre-existing already disability. This is especially relevant for veterans diagnosed with sleep apnea long after leaving the military. If your Obstructive Sleep Apnea was caused by damage to your throat focus on the in-service events that caused that damage. Thats the original copyright date, Marcus; the ebook version in the bookstore is the 2nd edition, updated in 2016. How VA Diagnoses Sleep Apnea in Veterans. 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. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. 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. Do I need a nexus letter 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. This is so simple that most folks dont believe it. 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. The sleep apnea VA rating criteria are as follows: If you feel groggy during the day, you may be rated at 30 percent. You DESERVE a HIGHER VA rating.WE CAN HELP. 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. Did the VA Benefit of the Doubt Rule just disappear? Making the Sausage: Heres what you need to know about new VA Claims regulations. No current sleep study within the last 12 months #2. 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. Click the button below to get more information. If you continue to use this site we will assume that you are happy with it. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Which primary disabilities make the best claims for secondary service connection of sleep apnea? Type II Diabetes & Sleep Apnea Do you take naps? Both sinusitis and rhinitis are linked to sleep apnea. This blockage is caused when the back throat muscles relax, impairing the airflow. 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. The violence of the rape caused a lot of damage to her jaw, back and neck muscles, including breaking her jaw. VA Sleep Apnea claim denied I recently received word back from the VA that my sleep apnea claim was denied. 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. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Denied Disability Claim for Sleep Apnea December 28, 2015 Jim, I retired in 2011 with 22 active duty yrs of service. REM (Rapid Eye Movement) sleep is also sometimes known as deep sleep. 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. * The 5 Reasons that 76% of VA Sleep Apnea claims are denied - and how to fix the problem in YOUR case. Do you currently smoke, or have you smoked in the past? Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. If it has, there might be a rating reduction. 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). In our experience, most VA disability claims are won or lost based on medical evidence. NOW ITS YOUR TURN. Why? we represent clients nationwide. 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.. Asymptomatic sleep apnea would not be compensated under the tentative regulation. All of these can contribute to sleep apnea. This sleep-disordered breathing leads to poor sleep quality and is a risk factor for the poor quality of life. His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. 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 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). As a fellow disabled Veteran this is shameful and Im on a mission to change it. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Check out our Philips CPAP Recall page here! He was denied service connection for sleep apnea by the BVA, despite extensive evidence of treatment for sleep apnea from 2007 2014, at VA medical facilities. * 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.
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