New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 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. of veterans with PTSD also have a co-occuring sleep disturbance, including obstructive sleep apnea (OSA). Asymptomatic sleep apnea would not be compensated under the tentative regulation. The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. If it has, there might be a rating reduction. Court of Appeals for Veterans Claims (CAVC). Br."). 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. 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Why do so many veterans have sleep apnea? 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. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 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). VA is currently reviewing the other disabilities reviewed by NASEM in the 2020 report for consideration for potential presumptive service connection. 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. Complex Sleep Apnea: In September 2006, researchers at the Mayo Clinic identified a new type of Sleep Apnea whichthey are calling complex sleep apnea. A VA claim for sleep apnea can be denied for many reasons. 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. 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. PTSD, may be at higher risk for sleep apnea than the general population. Sleep apnea can make it hard for your brain to regulate blood flows in your arteries and in the brain itself. * The 5Reasons that 76% of VA Sleep Apnea claims are denied and how to fix the problem in YOUR case. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Turns out, SSG Jones was raped in the Army a very violent rape by a Senior NCO in her unit. The sleep apnea VA rating criteria are as follows: If you feel groggy during the day, you may be rated at 30 percent. 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. A sleep apnea VA rating can be reduced by the VA. You wouldnt necessarily focus on proving the same in-service events if you were diagnosed with central sleep apnea, though. A private physician note indicates that prior to deployment to Iraq, the Veteran had no symptoms of, or treatment for, sleep apnea. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. I hope this post can give you some insight into how to improve your VA sleep apnea claims. Not surprisingly, the VA Regional Office denied the claim in June 2008. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). or particulate exposure in burn pits, for example), blocks the air path at the point where the lungs move oxygen into the blood stream. I applied for sleep apnea secondary PTSD about a year ago. 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. Example: How a Sleep Apnea Diagnosis Drives the VA Sleep Apnea claim. Sleep apnea can be service-connected in two ways: either direct service connection or secondary service connection. 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. Veterans NEED Information and Education to Improve their VA Sleep Apnea Appeals. At VA Claims Insider, we can help you win your claim and get the highest VA rating for sleep apnea. 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. The VA awards disability ratings for sleep apnea at the 0 percent, 30 percent, 50 percent, and 100 percent levels. There are risk factors that overlap in both disorders affecting sleep apnea and symptoms of PTSD, oftentimes aggravating the conditions. In our experience, OSA denials are almost always due to one or more of these five gaps: #1. Our team of skilled attorneys has experience handling veterans' disability claims for Sleep Apnea, Insomnia, and more. Is a CPAP machine the only treatment for sleep apnea? 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). When he got to the BVA the following evidence was in his C-File: VA Claims insider is an education-based coaching/consulting company. By law, there are three evidentiary elements that must be satisfied for sleep apnea secondary conditions to prove secondary service connection: The first part can be satisfied with any existing medical evidence service treatment records, VA medical records, or any private medical records, assuming you do have a diagnosis of sleep apnea. 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. Before or in addition to CPAP therapy, lifestyle changes such as diet, exercise, and stress reduction may be recommended. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 We answer your questions about VA claims for sleep apnea compensation. 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. A VA C&P exam concluding that sleep apnea was "less likely than not" related to military service. Save my name, email, and website in this browser for the next time I comment. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1952 to March 1954. How hard is it to get VA disability for sleep apnea? You must have a medical statement from a doctor detailing how your sleep apnea is service-connected. OSA largely results from a disruption inthe normal breathing process. A nexus letter is often the missing link in a VA claim. Did the VA Benefit of the Doubt Rule just disappear? 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. There are many factors during and after service that make veterans vulnerable to this condition. At its core, Complex, or mixed, Sleep Apnea is a type of sleep apnea with mixed causes. No current sleep study within the last 12 months, #2. Many of them have been diagnosed with the condition many years after leaving active duty. #3: It passes through the throat muscles, between the vocal chords, and enters your lungs. It was denied. This field is for validation purposes and should be left unchanged. Posted May 20, 2022 (edited) 1. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. A doctors diagnosis will be one of the keys to getting a sleep apnea VA rating. 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. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. What is the current VA rating for sleep apnea? The most trusted name in education-based resources for Veterans. VA claim for sleep apnea denied? 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. While appellate litigation proceeded, the veteran underwent a VA sleep study, which diagnosed mild obstructive sleep apnea. There are cases in which your VA rating for sleep apnea would not be re-evaluated. Was your obstructive sleep apnea (OSA) VA claim denied? Learn how your comment data is processed. If I had a nickel for every time I heard someone say the following statement about a VA Sleep Apnea claim, I might be able to buy a damn nice race car: The VA denied sleep apnea in my claimthey said it was because I had no sleep study in service, the veteran says. It was this evidence the lay observation of symptoms and limitations of sleep apnea from time of service to diagnosis which made the veterans private medical opinion so powerful inVA sleep apnea claim #2. Making the Sausage: Heres what you need to know about new VA Claims regulations. Check out the VA Sleep Apnea Field Manual. Lets take a look at 2 VA Sleep ApneaClaims. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Believe it or not, buddy statements can be helpful in proving sleep apnea claims if you can find vets who you served with and heard you snoring, or can talk about the issues that led to the sleep apnea. 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. In our experience, most VA disability claims are won or lost based on medical evidence. Hypersomnolence (i.e., excessive daytime sleepiness), Mental anxiety and/or depression related to combat, Use of alcohol, sedatives, certain medications or tranquilizers. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. You're not alone. We can helpreach out so we can show you how. Even veterans who had a sleep study in the military are denied service connection for sleep apnea by the VA. Like you, they are left scratching their head wondering why. An obstruction or a problem anywhere along that path of air, can cause Obstructive Sleep Apnea. Todays post is about 2 veterans at the BVA, both with very similar VA sleep apnea claims. Br."). Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. Get service-connected, get compensated and get the care you need! Many veterans receive wrongful denials when they apply for service connection for sleep apnea. 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. 0%: Indicates that the claimant is largely asymptomatic but does show documented sleep apnea. 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. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Do you take naps? 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. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Her husband told her she would snore loudly and wake up in the night often stopping breathing. What happens during a C&P exam for sleep apnea? All Rights Reserved. If you continue to use this site we will assume that you are happy with it. The VA Regional Office denied his claim. 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. Denied again. 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). Just be mindful that a sleep apnea diagnosis isnt all about neck girth and obesity. Because sleep apnea affects how your body takes in oxygen, it can be linked to strokes. Weve supported more than 15,000 veterans to win their claims. we represent clients nationwide. 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. 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. "Among veterans with PTSD, sleep disturbances are nearly universal. Claire Szewczyk Updated: November 7, 2022. 17-59 208 DATE: September 8, 2021 REMAND Entitlement to service connection for sleep apnea is remanded. It also connects you with vetted medical professionals in our independent referral network for medical examinations and credible medical nexus letters. 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. 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. VA Sleep Apnea claim denied I recently received word back from the VA that my sleep apnea claim was denied. 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. Both disorders have risk factors that affect both sleep apnea and symptoms of PTSD, and the conditions can aggravate each other. At that time, the VA may schedule a re-examination to verify if your sleep apnea symptoms still exist, and if theyve changed. You can submit a rebuttal Statement In Support of Claim but this will probable result in continued denial. These sleep disturbances can occur from tens to hundreds of times per night. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Diagnosing Sleep Apnea Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. What makes these 2 VA sleep apnea claims different? 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). 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. Our firm was founded in 1986 in Orlando, Florida. 203, San Jose, CA 95134 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. Estimate your 2023 VA Rating & Compensation for FREE! Bottom Line: Understanding YOUR VA Sleep Apnea diagnosis Drives YOUR Claim. To understand HOW the diagnosis drives a veterans VA Sleep Apnea Claim, we have to first understand the 3 different types of Sleep Apnea, * Damage to the lungs themselves can lead to OSA. Lets look a little deeper at OSA for a minute Obstructive Sleep Apnea is by far the most common type of Sleep Apnea that affects veterans. 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. The nature of the diagnosis of sleep apnea narrows the in-service events that we focus on for nexus purposes. You DESERVE a HIGHER VA rating.WE CAN HELP. 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. The same goes for depression and anxietyor any of the 33 mental health conditions rated by the VAwhich can be highly disruptive to sleep. Lets take an actual veterans sleep apnea claim (Ive disguised this veterans identity because this is a true story). 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). 401-331-6300. In fact, in VA sleep apnea claim #1, the Board made this statement: The Board finds that [the]absence of complaints, findings, or treatment during service or post-service until sleep apnea was diagnosed in August 2007 is highly probative, contemporaneous evidence, along with other factors, showing that sleep apnea did not manifest in service.. She was a former US Airforce civilian employee, who worked at Hill Air Force Base, in Layton, UT as a flight testing administrator. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Also see our post What is a Service-Connected Disability? How to File a Claim on VA.gov (step-by-step)! Sometimes the VA will schedule re-examinations to determine if there has been an improvement with a veterans sleep apnea has improved. If your VA disability claim has been denied, contact our office today for a free consultation at (401) 753-6359. Your email address will not be published. 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. Its an essential piece of evidence. Check out our Philips CPAP Recall page here! this was in Sept last year, fast forward to now, and as i suspected my sleep apnea was denied connection to my PTSD. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 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. 40 percent disability rating: $731.86 per month. Physicians will treat sleep apnea depending on the type and severity of the condition. Also make sure to seek the care you need to get relief from the effect of sleep apnea on your health and life. If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! (If you need an independent medical opinion in the VAs language, take a look at our VA Claims Insider Elite program. You may also be asked to fill out what is called a Disability Benefits Questionnaire or a DBQ. 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. This is rare, because most veterans dont realize they have sleep apnea until after theyve left military service. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, no evidence of service connection for her Sleep Apnea. Learn more about us, Veterans Disability Claim This field is for validation purposes and should be left unchanged. According to the VBA , there were over 282,300 service-connected sleep apnea claims that were awarded in 2017. Phoenix, AZ: One Renaissance Tower, Two North Central Avenue, 18th & 19th Floor, Phoenix, AZ 85004 There are also many service-connected conditions that can result in sleep apnea. A provided a NEXUS statement that stated the apnea was more than 52% likely to be the cause. While we still have our home base in Florida, He regularly writes about issues that are important to veterans and their families. For now, these ratings are merely a proposal so stay tuned to this page while we update. 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). As an aside, there is a fourth type of sleep apnea that has popped up lately in the medical world: idiopathic sleep apnea. This is the most common route of veterans' claims for sleep apnea. (The Insiders Guide). #1: Air is pulled in through the nasal passages. This places a disabled veteran in the VA's Group 1 for treatment. 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. This sleep-disordered breathing leads to poor sleep quality and is a risk factor for the poor quality of life. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices As a fellow disabled Veteran this is shameful and Im on a mission to change it. Can the VA take away my sleep apnea rating? The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. What kind of CPAP machine does the VA use? Obstructive Sleep Apnea: aka,OSA, is a type of sleep apnea that occurs when your airway is blocked or obstructed. 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. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Because the medical research is slim to Why do so many veterans have sleep apnea? Why? The VA Regional Office denied his claim. If youre claiming sleep apnea as a secondary condition, make sure you already have a medical diagnosis before you make your claim. In an April 2014 report, a VA examiner opined that Ms. Walsh's sleep apnea was "likely due to her 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. No proof of service connection (missing a nexus letter) The most common symptoms include: There are a multitude of potential causes of sleep apnea in adults, but in veterans specifically, the causes could include: To confirm a diagnosis of sleep apnea, a sleep study must be given to show that you are experiencing breathing problems, and other sleep disorders and health problems have been ruled out. a medical nexus or link that shows the veterans sleep apnea is related to their in-service event, injury/illness. Please call for an appointment before visiting: Mail Processing Center: P.O. 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.

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