Im not going to talk about it much here because Im not seeing it in VA claims and appeals just yet. 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. If you continue to use this site we will assume that you are happy with it. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Sleep apnea VA disability claims account for nearly 1 in 4 respiratory claims. 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. NOW ITS YOUR TURN. The sleep apnea VA rating criteria are as follows: If you feel groggy during the day, you may be rated at 30 percent. 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. Complex Sleep Apnea: In September 2006, researchers at the Mayo Clinic identified a new type of Sleep Apnea whichthey are calling complex sleep apnea. 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. Court of Appeals for Veterans Claims (CAVC). Contact Us this was in Sept last year, fast forward to now, and as i suspected my sleep apnea was denied connection to my PTSD. Did the VA Benefit of the Doubt Rule just disappear? 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. 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. Also make sure to seek the care you need to get relief from the effect of sleep apnea on your health and life. Sleep apnea is classified by the VA as sleep apnea syndromes (diagnostic code 6847). 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). Check out our Philips CPAP Recall page here! 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. By focusing on what CAUSED the airway obstruction, you are forcingthe VA to focus on the in-service event and the nexus. Example: How a Sleep Apnea Diagnosis Drives the VA Sleep Apnea claim. Obstructive Sleep Apnea: aka,OSA, is a type of sleep apnea that occurs when your airway is blocked or obstructed. 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. Was it inhaling the air around the Burn Pits? A VA C&P exam concluding that sleep apnea was "less likely than not" related to military service. Get the real info veterans need to file successfully for sleep apnea disability benefits. In our experience, if you did NOT have a sleep study while on active duty and you did not get a medical diagnosis of sleep apnea in the military, you should only attempt to service-connect your sleep apnea VA claim SECONDARY to another service-connected disability. PTSDand the side effects of medications taken to address PTSDcan lead to the development of sleep apnea in a few different ways. If your VA disability claim has been denied, contact our office today for a free consultation at (401) 753-6359. 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. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. (If you need an independent medical opinion in the VAs language, take a look at our VA Claims Insider Elite program. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Take advantage of a FREE VA Claim Discovery Call. 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. 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. 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). 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). 24% of those Veterans Sleep Apnea appeals were Granted. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 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 can make it hard for your brain to regulate blood flows in your arteries and in the brain itself. These machines create airway pressure to help the individual breathe throughout the night. 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. Is a CPAP machine the only treatment for sleep apnea? If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. To show your disability began during service, you will need to: Have a current diagnosis of sleep apnea with a sleep study; Provide VA with competent and credible lay evidence of symptoms of sleep apnea that occurred during your time in service (and which continued thereafter . * 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. A C&P exam and a sleep apnea diagnosis are crucial to qualifying for the upper tiers of compensation. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Direct service connection for sleep apnea can be difficult to obtain, as most successful cases require a diagnosis while on active duty. 10 percent disability rating: $165.92 per month. This includes having a sleep study done, a buddy letter from your spouse, and medical records from your doctor about your symptoms. 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! As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. If your Obstructive Sleep Apnea was caused by damage to your throat focus on the in-service events that caused that damage. 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). PTSD - A study involving Iraq and Afghanistan veterans who visited a VA outpatient PTSD clinic found that 69% percent of them had a high risk for sleep apnea, and this risk increased with PTSD symptom severity. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. The three most common conditions resulting in a secondary service connection for sleep apnea and therefore a are: Research shows that combat veterans with PTSD may be at higher risk for sleep apnea than the general population. Diagnosing Sleep Apnea How to Hire an Attorney For Your VA Claim or Appeal. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. The Secretary of Veterans Affairs ("Secretary") filed a brief in this case on December 19, 2019 ("Sec. Sleep apnea is rated under 38 CFR 4.97, diagnostic code 6847 Sleep Apnea Syndromes (Obstructive, Central Mixed). 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 it has, there might be a rating reduction. You may also be asked to fill out what is called a Disability Benefits Questionnaire or a DBQ. 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. Episodes where you stop breathing during sleep, Daytime sleepiness (hypersomnia) or insomnia, Lack of focus or difficulty concentrating, A medical diagnosis of sleep apnea confirmed by a sleep study in VA medical records or private records, A nexus (link) shown via medical evidence establishing a connection between the service-connected disability and the current disability (in this case, sleep apnea), Sleep apnea secondary to medication side effects, A medical diagnosis of sleep apnea confirmed with a sleep study, A service-connected PTSD disability rating (or another service-connected mental health condition), A medical nexus establishing a connection between your PTSD and sleep apnea, A basic CPAP, which keeps pressure constant all night long, A bilevel device (BiPAP), which provides two levels of pressuremore when you breathe in and less when you breathe out, An auto-CPAP device, which changes pressure throughout the night based on your body position, sleep stage, and snoring, You have difficulty working and lose productivity during the day due to napping, You have to use a CPAP or other breathing machine at night, Your depression or anxiety, exacerbated by loss of sleep, affect your relationships and work, Your inability to focus or concentrate or loss of memory affects your job or your safety, Your disability is considered permanent by the VA, Your disability is considered static by the VA, Sleep apnea symptoms persist without material improvement for five or more years (this is known as a stabilized rating), You have a continuous sleep apnea rating for 20 years or more, The VA has reviewed your entire medical history. Obstructive sleep apnea (OSA) is one of the more common types of sleep apnea, which occurs when the upper airway repeatedly becomes blocked throughout the night. Did the VA Benefit of the Doubt Rule just disappear? A private physician note indicates that prior to deployment to Iraq, the Veteran had no symptoms of, or treatment for, sleep apnea. Sleep apnea was noted as the top claimed and granted respiratory condition. 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 you feel tired or sleepy during the day? Was it the blow to the throat when you were thrown against the side of the Hum-vee in that mortar attack? I then applied for VA disability and received a 90% rating. No current medical diagnosis (within the last 12 months), or improper diagnosis #3. Here is just a sampling of the problems that can obstruct the airway (notice how FEW of them have to do with obesity): * Deviated Septum (damage to the piece of cartilage that separates your nostrils), * Swelling in your nose due to allergic or other conditions, * Your tongue can fall back and obstruct the airway, * Reduction in the opening in the throat, or a narrowing of the side walls of your throat, * Damage to your vocal chords can restrict your airway. Sleep apnea also ranks #2 on our List of the Top 5 Secondary Conditions to PTSD. Many of them have been diagnosed with the condition many years after leaving active duty. He regularly writes about issues that are important to veterans and their families. 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). Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. However, VA has not identified literature to support inclusion of sleep apnea as a presumption at this time. 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. Veteran Service-Connected Sleep Apnea Claims on the Rise An increasing number of sleep apnea claims are cropping up among younger veterans. Proposed rating must be based on entire medical history, Must show there has been improvement in veterans functionality, If you have a rating that has remained the same for over five years (stabilized), If you have a total disability rating, meaning 100 percent rating. Just be mindful that a sleep apnea diagnosis isnt all about neck girth and obesity. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. 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. You can link these two by detailing the side effects of PTSD that impact your sleep apnea, with the doctor writing your nexus letter. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Type II Diabetes & Sleep Apnea What DOES Drive the VA Sleep Apnea Claim? As youve seen, claims for obstructive sleep apnea can be trickyyet important to pursue if youre suffering from this disability, so you can get the benefits you deserve and care you need. Many veterans dont even know what sleep apnea is while on active duty, let alone that they need a sleep study to prove they have it! Sleep apnea treatment depends on the type and severity of the condition. A provided a NEXUS statement that stated the apnea was more than 52% likely to be the cause. So she went back to her doctor she knew the diagnosis drives the Sleep Apnea Claim to understand HER diagnosis better. Also see our post on receiving a VA rating for sleep apnea secondary to PTSD. As a veteran, youre four times more likely than other Americans to develop sleep apnea. (The VA had already conceded the rape occurred as part of another part of this Veterans claim). Disability Denials LTD Insurance Denial Attorneys - National Disability Law Firm A National Disability Benefits Law Firm Home About Us Attorneys Our Legal Staff Client Services What is the current VA rating for sleep apnea? 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. 6 People Who Can Write a VA Playing Statement. Turns out, SSG Jones was raped in the Army a very violent rape by a Senior NCO in her unit. You will need medical evidence that shows what type of sleep apnea you have (obstructive, central or mixed), how severe it is and if you can show how it was caused by your service in . 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. I already have 70% for PTSD. It was what the lay evidence DID that made all the difference in these two VA sleep apnea claims. According to the VA, 1 in 5 veterans has obstructive sleep apnea. 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. 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. 0%: Indicates that the claimant is largely asymptomatic but does show documented sleep apnea. They denied my Sleep Apnea when I originally applied for disability on the grounds that there was no complaints or history of sleep apnea in my military records. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. 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. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. The most trusted name in education-based resources for Veterans. Bringing someone with you to the appointment may also be useful. You may already be able to see how understanding the roots of your Sleep Apnea diagnosis can DRIVE your sleep apnea claim. 40 percent disability rating: $731.86 per month. 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. 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. 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. Traumatic brain injury and physical pain are also conditions that affect many veterans and can lead to sleep apnea. I filed the claim as as secondary to GERD a pre-existing already disability. As a fellow disabled Veteran this is shameful and Im on a mission to change it. 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. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. 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. #1: Air is pulled in through the nasal passages. Some veterans with sleep apnea may experience improvement with lifestyle changes, but CPAP therapy is still among the most common treatments. Do you take naps? 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. 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. How to Get a VA Rating for Sleep Apnea Secondary to Anxiety (The Insiders Guide), Can I Get a VA Rating for Sleep Apnea Secondary to Depression? Conditions like COPD (due to asbestos. Symptoms of Sleep Apnea Loud snoring Gasping for air during sleep Awakening with a dry mouth Morning headache Hypersomnolence, or excessive daytime sleepiness Difficulty concentrating Oftentimes, the symptoms of the three types of sleep apnea can overlap, making diagnosis more difficult.
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