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* 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. Learn more about us, Veterans Disability Claim Sleep Apnea: VA Disability Ratings and Benefits | CCK Law The most trusted name in education-based resources for Veterans. Was it the blow to the throat when you were thrown against the side of the Hum-vee in that mortar attack? Need a C&P exam for sleep apnea secondary to PTSD? Record Before the Agency ("R.") at 4-12. Required fields are marked *. Denied Disability Claim for Sleep Apnea December 28, 2015 Jim, I retired in 2011 with 22 active duty yrs of service. 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. 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. This examples proves my point, and it is one worth repeating: To recover VA disability compensation in your sleep apnea claim or appeal, first you must know and understand your sleep apnea diagnosis. 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. Sleep Apnea is a potentially serious sleep disorder in which a person's breathing is repeatedly interrupted, or ceases, during the course of a night's sleep. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Its this simple: without a bullet, a rifle is powerless. 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). How VA Diagnoses Sleep Apnea in Veterans. 40 percent disability rating: $731.86 per month. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 What DOES Drive the VA Sleep Apnea Claim? Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. Sleep Apnea secondary to Asthma : r/VeteransBenefits - Reddit 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. 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. San Jose, CA: 2880 Zanker Road, Ste. 203, San Jose, CA 95134 Br."). What is the current VA rating for sleep apnea? At its core, Complex, or mixed, Sleep Apnea is a type of sleep apnea with mixed causes. You're not alone. This is especially relevant for veterans diagnosed with sleep apnea long after leaving the military. Phoenix, AZ: One Renaissance Tower, Two North Central Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. The Veteran inVA sleep apnea claim #2 did it right by using lay, and medical evidence, together. How to File a Claim on VA.gov (step-by-step)! Click the button below to get more information. 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! #3: It passes through the throat muscles, between the vocal chords, and enters your lungs. How to File a Claim on VA.gov (step-by-step)! 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). Check out the VA Sleep Apnea Field Manual. The Higher-Level Review for OSA - VA Claims Insider 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. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. 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. Br."). 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). Please call for an appointment before visiting: Mail Processing Center: P.O. The VA awards disability ratings for sleep apnea at the 0 percent, 30 percent, 50 percent, and 100 percent levels. 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. VA Sleep Apnea claim denied : r/VeteransBenefits - Reddit 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. The team at Hill & Ponton may be able to assist you with a denial of benefits for sleep apnea. In this post we'll explore how to get a service connected VA disability rating for Sleep Apnea secondary to Anxiety, even if you've already filed, been denied, or gave up. Physicians will treat sleep apnea depending on the type and severity of the condition. Although all of these symptoms contribute to the interaction betweensleep apnea and PTSD, the main culprits seem to be sleep deprivation and chronic stress. 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. 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. 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. United States Court of Appeals for Veterans Claims A disability with a secondary service connection is a condition that was caused or made worse by an already existing service-connected condition. VETERANS VOICE: Sleep apnea claims often denied - The Leaf-Chronicle I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 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. How to Claim Sleep Apnea Secondary to PTSD - Rep for Vets * The 5 Reasons that 76% of VA Sleep Apnea claims are denied - and how to fix the problem in YOUR case. Is a CPAP machine the only treatment for sleep apnea? Do you currently smoke, or have you smoked in the past? Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1952 to March 1954. In December 2007, he filed a claim to service connect Sleep Apnea, as secondary to service-connected PTSD. 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. Finally, a 100% rating is available when sleep apnea is so severe that it involves organ damage. 20 percent disability rating: $327.99 per month. 401-331-6300. 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. Getting a Claim for Sleep Apnea Approval - VA Claims Insider To be rated at 100 percent, you must experience chronic respiratory failure. This can occur from ten times to hundreds of times per night. The violence of the rape caused a lot of damage to her jaw, back and neck muscles, including breaking her jaw. 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. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. 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. 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. However, VA has not identified literature to support inclusion of sleep apnea as a presumption at this time. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Since that time, we have provided compassionate 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. What happens during a C&P exam for 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. Hierher been adenine few people who can write layup statements for your claim. Copyright 2023 VA Claims Insider, LLC. 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. If you continue to use this site we will assume that you are happy with it. 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. Bringing someone with you to the appointment may also be useful. You see, somewhere out there the general thinking generally wrong thinking has become that you need a sleep study in the military to prove that your current diagnosis of sleep apnea is related to your military service. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Sleep apnea often is thought of as a mild annoyance, but it is a significant condition that can lead to health issues ranging from hypertension, stroke and heart attack to depression, anxiety and headaches. We can helpreach out so we can show you how. You're not alone. As a veteran, youre four times more likely than other Americans to develop sleep apnea. Copyright 2023 VA Claims Insider, LLC. Can the VA take away my sleep apnea rating? At VA Claims Insider, we can help you win your claim and get the highest VA rating for sleep apnea. She enjoys working with the Veteran population and keeping them up to date with information they need the most. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. 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. Why did 2 nearly identical VA sleep apnea claims have such different I applied for sleep apnea secondary PTSD about a year ago. 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 . VA Sleep Apnea claim denied I recently received word back from the VA that my sleep apnea claim was denied. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 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. Its this simple. Making the Sausage: Heres what you need to know about new VA Claims regulations. This places a disabled veteran in the VA's Group 1 for treatment. For this reason, a secondary service connection for sleep apnea is much more common. Save my name, email, and website in this browser for the next time I comment. The independent opinion of a private medical professional can also influence the C&P examiners medical opinion, as well as the VA rating officials final disability decision. Sometimes the VA will schedule re-examinations to determine if there has been an improvement with a veterans sleep apnea has improved. 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. Do I need a nexus letter for sleep apnea? You may already be able to see how understanding the roots of your Sleep Apnea diagnosis can DRIVE your sleep apnea claim. There are also many service-connected conditions that can result in sleep apnea. So if this proposed change for sleep apnea ratings goes through, its possible that veterans may start getting lowballed ratings. Even if you have a medical diagnosis during active-duty service, without a sleep study this is difficult to claim successfully. 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. Did the VA Benefit of the Doubt Rule just disappear? I had a sleep study completed and the study indicated that I had obstructed sleep apnea and required a CPAP. Hypersomnolence (i.e., excessive daytime sleepiness), Mental anxiety and/or depression related to combat, Use of alcohol, sedatives, certain medications or tranquilizers. 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. 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. * 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. Both sinusitis and rhinitis are linked to sleep apnea. Type II Diabetes & Sleep Apnea this was in Sept last year, fast forward to now, and as i suspected my sleep apnea was denied connection to my PTSD. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Claire Szewczyk Updated: November 7, 2022. Here are some of the most common symptoms of central and obstructive sleep apnea: Morning headache Having a dry mouth when you wake up Loud snoring Periods in which you stop breathing when you sleep Difficulty staying asleep Trouble paying attention while awake Irritability Daytime sleepiness Sexual dysfunction Sleep Apnea denial - Veterans Benefits Network Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! OSA largely results from a disruption inthe normal breathing process. In an April 2014 report, a VA examiner opined that Ms. Walsh's sleep apnea was "likely due to her (The VA had already conceded the rape occurred as part of another part of this Veterans claim). 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). Sleep apnea also ranks #2 on our List of the Top 5 Secondary Conditions to PTSD. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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. He was diagnosed with sleep apnea in 2007, after his military service. In order to establish direct service connection for sleep apnea, a claimant must show that they have: A veteran can also establish service connection for sleep apnea on asecondarybasis. The denial of disability claims for unconfirmed, undiagnosed sleep apnea is a regular occurrence for the VA. 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. 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. Court of Appeals for Veterans Claims (CAVC). Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. This means that a veteran has an already service-connected disability that caused the veteran to have sleep apnea. Obesity greatly increases the risk of obstructive sleep apnea, due to excessive weight constricting the airway. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Learn how your comment data is processed. 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. No current sleep study within the last 12 months #2. Our firm was founded in 1986 in Orlando, Florida. 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. "Among veterans with PTSD, sleep disturbances are nearly universal. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. 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 same goes for depression and anxietyor any of the 33 mental health conditions rated by the VAwhich can be highly disruptive to sleep. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. The nature of the diagnosis of sleep apnea narrows the in-service events that we focus on for nexus purposes. These sleep disturbances can occur from tens to hundreds of times per night. Camp Lejeune Lawsuit. VA Disability for Sleep Apnea: Proving Service Connection 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. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! An obstruction or a problem anywhere along that path of air, can cause Obstructive Sleep Apnea. It was denied. The VA prescribes several different types of CPAP machines. 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. Its likely your doctor will need to order a sleep study to determine if you have sleep apnea. Some conditions that can be secondary to sleep apnea may include but are not limited to: If you have a service-connected condition that you believe is causing your sleep apnea, it may be a good idea to start to talk to your doctors about it. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. VA regional office denied the claims and she appealed. Some veterans with sleep apnea may experience improvement with lifestyle changes, but CPAP therapy is still among the most common treatments. Sleep Apnea Denial : r/Veterans - Reddit 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. Veteran Service-Connected Sleep Apnea Claims on the Rise An increasing number of sleep apnea claims are cropping up among younger veterans. 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. The "Bridge Claim": How to use Obesity to Service Connect Obstructive 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. If you use a CPAP machine to address your sleep apnea, youre likely to be rated at least at 50 percent. A VA claim for sleep apnea can be denied for many reasons. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. The most documented VA percentages for sleep apnea are as follows: 0% Sleep apnea with documented sleep disorder breathing that is currently asymptomatic. What makes these 2 VA sleep apnea claims different? The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both. This sleep-disordered breathing leads to poor sleep quality and is a risk factor for the poor quality of life. A study conducted by the VA Healthcare System for San Diego and National Center for PTSD found that between 40 percent and 98 percent (!) How to Get a 100 Percent VA Rating (if deserved)! Lets take a look at 2 VA Sleep ApneaClaims. 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). For now, these ratings are merely a proposal so stay tuned to this page while we update. Also see our post What is a Service-Connected Disability? 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 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 is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Why would a VA claim be denied Sleep Apnea? How do I prove VA disability for sleep apnea? The sleep study, while a critically important piece of evidence, is not DRIVING your VA sleep apnea claim. 17-59 208 DATE: September 8, 2021 REMAND Entitlement to service connection for sleep apnea is remanded. Aug 11, 2021 #1 I was recently denied my claim for sleep apnea. 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. 24% of those Veterans Sleep Apnea appeals were Granted. * Damage to the lungs themselves can lead to OSA. Claire Szewczyk is a Digital Content Coordinator for Hill & Ponton, PA in Florida. 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. 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. 6 People Who Can Write a VA Playing Statement. Lesson learned:Lay Evidence is the Bullet, and Medical Evidence is the rifle. In VA sleep apnea claims, medical opinion evidence is the rifle, and lay evidence is the bullet. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 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. Both anxiety and depression can also be linked to sleep apnea. Its sleep apnea that appears by itself, with no apparent causation. Having a doctor connect your sleep apnea to your secondary service-connected disability will greatly improve your chances of winning a sleep apnea VA rating. The most common VA rating for sleep apnea is 50 percent. What kind of CPAP machine does the VA use? Has anyone in your family been diagnosed with sleep apnea? Turns out, SSG Jones was raped in the Army a very violent rape by a Senior NCO in her unit. These Veterans Sleep Apnea Appeals Stats Will Shock You! That means that 3 out of every 4 Veterans are spending years in the VA Hamster Wheel trying to prove their Sleep Apnea service connection claims and appeals! 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. 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. 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. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Also see our post on receiving a VA rating for sleep apnea secondary to PTSD. The VA has been moving a lot of claims through this process. This is called a split-night sleep study.