Both anxiety and depression can also be linked to 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 includes having a sleep study done, a buddy letter from your spouse, and medical records from your doctor about your symptoms. 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). A VA claim for sleep apnea can be denied for many reasons. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 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). 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. The VA prescribes several different types of CPAP machines. Did the VA Benefit of the Doubt Rule just disappear? Even if you have a medical diagnosis during active-duty service, without a sleep study this is difficult to claim successfully. 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. A private physician note indicates that prior to deployment to Iraq, the Veteran had no symptoms of, or treatment for, sleep apnea. Even if you have a medical diagnosis during active-duty service, without a sleep study this is difficult to claim successfully. Save my name, email, and website in this browser for the next time I comment. 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. 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. Accomplish you want to succeed in your Sleep Apnea VE Impairment Claim? Because the medical research is slim to Why do so many veterans have sleep apnea? Diagnosing Sleep Apnea Were seeing veterans coming back from Iraq, Afghanistan, and the southwest Asia theater of war with severe sleep issues, which can oftentimesbe linked to PTSD. 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? How to Hire an Attorney For Your VA Claim or Appeal. 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. 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. You can submit a rebuttal Statement In Support of Claim but this will probable result in continued denial. 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. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. What kind of CPAP machine does the VA use? claim of entitlement to service connection for sleep apnea. 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. The 2 veterans had very different results at the BVA. Required fields are marked *. VA Claims insider is an education-based coaching/consulting company. Its free to join and we dont win unless you win.). #1: Air is pulled in through the nasal passages. 76% were Denied or Remanded for more evidence. Most denials of sleep breathing requirements are due to. 30 percent disability rating: $508.05 per month. A polysomnogram at a sleep center might be preferred if you have heart or lung disease, risk factors for central sleep apnea or a history of other sleep disorders. NOW ITS YOUR TURN. You wouldnt necessarily focus on proving the same in-service events if you were diagnosed with central sleep apnea, though. When he got to the BVA, the following evidence was in his C-File: Statements from the Veterans wife describing the sleep apnea symptomatologysince the Veteran returned from Iraq until his 2007 diagnosis. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. EXCELLENT INFO SIR AND I WILL USE IT IN MY CLAIM!!!!! book: Put it to Rest: Your VA Sleep Apnea Claim. Your email address will not be published. In VA sleep apnea claims, medical opinion evidence is the rifle, and lay evidence is the bullet. 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. Sleep apnea can be aggravated by PTSD (secondary to PTSD), also an extremely common disorder for veterans. Estimate your 2023 VA Rating & Compensation for FREE! What happens during a C&P exam for sleep apnea? Claire Szewczyk is a Digital Content Coordinator for Hill & Ponton, PA in Florida. Your sleep apnea rating will compensate you based on your conditions severity. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 If a doctor thinks its highly likely you have sleep apnea, the sleep study may also involve a positive air pressure (PAP) device. Since you have already received a denial then you would have to submit a supplemental claim with new evidence and new ARGUMENTS. If you continue to use this site we will assume that you are happy with it. The VA has been moving a lot of claims through this process. Including a nexus letter for sleep apnea can be an important part of your claim to strengthen your case for a sleep apnea VA rating. 6 People Who Can Write a VA Playing Statement. How to File a Claim on VA.gov (step-by-step)! Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 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. If you use a CPAP machine to address your sleep apnea, youre likely to be rated at least at 50 percent. Sleep apnea is one of the most common conditions veterans want to file a VA disability claim for. 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. Hierher been adenine few people who can write layup statements for your claim. "Among veterans with PTSD, sleep disturbances are nearly universal. PTSDand the side effects of medications taken to address PTSDcan lead to the development of sleep apnea in a few different ways. 0%: Indicates that the claimant is largely asymptomatic but does show documented sleep apnea. * 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. 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). Click the button below to get more information. Copyright 2023 VA Claims Insider, LLC. 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. 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. 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. Check out the VA Sleep Apnea Field Manual. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. In our experience, OSA denials are almost always due to one or more of these five gaps: #1. 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. The team at Hill & Ponton may be able to assist you with a denial of benefits for sleep apnea. 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. VA claim for sleep apnea denied? The VA Regional Office denied his claim. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 For this reason, a secondary service connection for sleep apnea is much more common. 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. I just recently order the VA SLEEP APNEA FIELD MANUAL, I wonder if it is current its dated 2014. Phoenix, AZ: One Renaissance Tower, Two North Central Avenue, 18th & 19th Floor, Phoenix, AZ 85004 If youre dealing with sleep apnea as a secondary condition to PTSD, you arent alone! 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. A sleep apnea VA rating can be reduced by the VA. Posted May 20, 2022 (edited) 1. A VA C&P exam concluding that sleep apnea was "less likely than not" related to military service. In order to help you with your secondary claim, we have put together this Insiders Guide! Anxiety and depression can interfere with sleep patterns. Its this simple: without a bullet, a rifle is powerless. * SSG Jones got out of the Army never had a sleep study done in the military after serving 2 tours in Iraq and 1 in Afghanistan. Our firm was founded in 1986 in Orlando, Florida. Veteran Service-Connected Sleep Apnea Claims on the Rise An increasing number of sleep apnea claims are cropping up among younger veterans. Why would a VA claim for sleep apnea be denied? 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. Need a C&P exam for sleep apnea secondary to PTSD? 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. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 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. Spouse; Family Members; Friends; Colleagues; Other Service . She has also spent several years working with the Department of Veterans Affairs audiology programs in Salt Lake City, UT and Pocatello, ID. Was it the blow to the throat when you were thrown against the side of the Hum-vee in that mortar attack? 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). A nexus letter is often the missing link in a VA claim. 5 Star Evidence is KEY to a VA sleep apnea disability claim. You DESERVE a HIGHER VA rating.WE CAN HELP. Id like to tell you about their VA sleep apnea claims and show you why they had such different results. How VA Diagnoses Sleep Apnea in Veterans. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. So she went back to her doctor she knew the diagnosis drives the Sleep Apnea Claim to understand HER diagnosis better. The VA will call you from the following phone number: 1-800-827-1000. Recently, it has been widely accepted by the, According to theNational Sleep Foundation, insomnia is a chronic sleep disorder, characterized by complaints of unsatisfactory sleep, despite having ample opportunity to sleep. A doctors diagnosis will be one of the keys to getting a sleep apnea VA rating. 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. 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. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. These machines create airway pressure to help the individual breathe throughout the night. In our experience, most VA disability claims are won or lost based on medical evidence. Get the real info veterans need to file successfully for sleep apnea disability benefits. caused or made worse by your active duty military service OR. 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. Copyright 2023 VA Claims Insider, LLC. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 While we still have our home base in Florida, For now, these ratings are merely a proposal so stay tuned to this page while we update. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. yet assertive representation for our clients. 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). OSA largely results from a disruption inthe normal breathing process. We answer your questions about VA claims for sleep apnea compensation. Contact Us You may already be able to see how understanding the roots of your Sleep Apnea diagnosis can DRIVE your sleep apnea claim. Our team of skilled attorneys has experience handling veterans' disability claims for Sleep Apnea, Insomnia, and more. Weve supported more than 15,000 veterans to win their claims. 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. Denied again. Estimate your 2023 VA Rating & Compensation for FREE! As a veteran, youre four times more likely than other Americans to develop sleep apnea. Veterans NEED Information and Education to Improve their VA Sleep Apnea Appeals. 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. In this article, well help you understand the top 5 reasons OSA claims are deniedand even better, what to do about it if youve received a denial for your OSA claim. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. Do you take naps? 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. This Veteran served in Iraq and Kuwait in 2003 to 2004. 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. After first reading these examples, the obvious answer is that the private examiners opinion in VA sleep apnea claim #2 was what made the difference. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Just be mindful that a sleep apnea diagnosis isnt all about neck girth and obesity. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. 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. PTSD is well-known for causing sleep deprivation, chronic stress, and an increase in body mass or obesity due to prescribed medications. In our experience, a well-crafted nexus letter for sleep apnea is the single most crucial document you can provide to help prove service connection on an at least as likely as not basis. Has anyone in your family been diagnosed with sleep apnea? Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. Keeping a list of your symptoms and treatments can be beneficial evidence to submit. This is so simple that most folks dont believe it. 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. If your VA disability claim has been denied, contact our office today for a free consultation at (401) 753-6359. 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. How to Get a 100 Percent VA Rating (if deserved)! 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. Save my name, email, and website in this browser for the next time I comment. Physicians will treat sleep apnea depending on the type and severity of the condition. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! As a fellow disabled Veteran this is shameful and Im on a mission to change it. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. The sleep apnea VA rating criteria are as follows: If you feel groggy during the day, you may be rated at 30 percent. 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.
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