Save my name, email, and website in this browser for the next time I comment. What DOES Drive the VA Sleep Apnea Claim? Lay Statements are important! Thousands of other Veterans in our Community are here for you. Which primary disabilities make the best claims for secondary service connection of sleep apnea? 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. of veterans with PTSD also have a co-occuring sleep disturbance, including obstructive sleep apnea (OSA). If you have a breathing machine, you need to provide . For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim (FDC)so you can increase your rating faster! 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. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 The 2 veterans had very different results at the BVA. Click the button below to get more information. VA Claims insider is an education-based coaching/consulting company. Since 2009, the number of veterans claims for sleep apnea has increased by over 150%, according to USA Today. Finally, a 100% rating is available when sleep apnea is so severe that it involves organ damage. 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 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. According to the VBA , there were over 282,300 service-connected sleep apnea claims that were awarded in 2017. Your email address will not be published. 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. * Sleep Apnea is NOT a disease of the obese: just about any neurological condition, or any interference (physical or neurological) with the body's airway can - and will - cause some form of sleep apnea over time * 3 out of every 4 Veterans who file a claim for Sleep Apnea are denied by the VA Regional Office or the Board of Veterans Appeals. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 The VA refers to mixed sleep apnea as a combination of the obstructive and central forms of the condition. If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. Example: How a Sleep Apnea Diagnosis Drives the VA Sleep Apnea claim. A private physician note indicates that prior to deployment to Iraq, the Veteran had no symptoms of, or treatment for, sleep apnea. 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). 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. 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. Sleep apnea also ranks #2 on our List of the Top 5 Secondary Conditions to PTSD. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. PTSD, may be at higher risk for sleep apnea than the general population. Why would a VA claim be denied Sleep Apnea? 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. 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. Do I need a nexus letter for sleep apnea? Lesson learned:Lay Evidence is the Bullet, and Medical Evidence is the rifle. Emerging research indicates a strong association between PTSD and sleep apnea.The link between sleep apnea and PTSD is likely due to the fact that many factors that aggravate PTSD also aggravate sleep apneaincluding sleep deprivation, insomnia, hyperarousal, and daytime sleepiness. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Obstructive Sleep Apnea: aka,OSA, is a type of sleep apnea that occurs when your airway is blocked or obstructed. A person must have a polysomnogram, either in a sleep lab or at home, in order to be diagnosed with sleep apnea. Why? Its sleep apnea that appears by itself, with no apparent causation. The constant interruption of breathing can lead to reduced sleep quality, short-term memory loss, irritability and even mood disorders, as well as major metabolic diseases such as diabetes and heart disease. The condition is given a serious VA disability rating . Build Your Sleep Apnea Claim RightField Manual Package. This guide will outline the basics of sleep apnea, how the VA disability rating works for this condition, and how qualifying veterans can prove direct service connection as well as sleep apnea as a secondary service connected condition to PTSD. Sleep apnea is rated under 38 CFR 4.97, diagnostic code 6847 Sleep Apnea Syndromes (Obstructive, Central Mixed). This may be even easier for you now because of a new VA new rule as of August 2, 2021. Conditions like COPD (due to asbestos. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. 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.. In April 2004, he wastreated after his military service ended for fatigue and insomnia. 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. The most common reason for denial of secondary claims is not establishing a strong enough connection between the service-connected disability and the sleep apnea. 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. In our experience, OSA denials are almost always due to one or more of these five gaps: #1. Why would a VA claim for sleep apnea be denied? Because the medical research is slim to Why do so many veterans have sleep apnea? How to Get a 100 Percent VA Rating (if deserved)! Diagnosing Sleep Apnea Weve supported more than 15,000 veterans to win their claims and increase their ratings. 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 the way, these examples come directly from 2 actual BVA decisions. Veteran Service-Connected Sleep Apnea Claims on the Rise An increasing number of sleep apnea claims are cropping up among younger veterans. If so, how often and how long are your naps? You wouldnt necessarily focus on proving the same in-service events if you were diagnosed with central sleep apnea, though. 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. 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. If you have sleep apnea and sinusitis/rhinitis, your next step would be to get a doctors medical opinion supporting that your service-connected sinusitis/rhinitis caused or aggravates your sleep apnea. Br."). The same goes for depression and anxietyor any of the 33 mental health conditions rated by the VAwhich can be highly disruptive to sleep. Some veterans with sleep apnea may experience improvement with lifestyle changes, but CPAP therapy is still among the most common treatments. 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. Im not going to talk about it much here because Im not seeing it in VA claims and appeals just yet. This Veteran served in Iraq and Kuwait in 2003 to 2004. 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. Also make sure to seek the care you need to get relief from the effect of sleep apnea on your health and life. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. For this reason, a secondary service connection for sleep apnea is much more common. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 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). 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! An obstruction or a problem anywhere along that path of air, can cause Obstructive Sleep Apnea. Your sleep apnea rating will compensate you based on your conditions severity. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. "Among veterans with PTSD, sleep disturbances are nearly universal. 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. Check out our Philips CPAP Recall page here! If youre claiming sleep apnea as a secondary condition, make sure you already have a medical diagnosis before you make your claim. So she went back to her doctor she knew the diagnosis drives the Sleep Apnea Claim to understand HER diagnosis better. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. When he got to the BVA the following evidence was in his C-File: A VA C&P exam concluding that sleep apnea was less likely than not related to military service. VA Sleep Apnea claim denied I recently received word back from the VA that my sleep apnea claim was denied. 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. This can range from CPAP therapy, lifestyle changes such as diet, exercise, and others. 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. Top 5 Questions about Sleep Apnea VA Claims - Disability Denials These Veterans Sleep Apnea Appeals Stats Will Shock You! The medical examination may seem like extra hard work but could qualify that veteran for additional monthly compensation. Sleep apnea is a serious sleep disorder in which breathing is briefly and repeatedly interrupted during sleep. Sleep apnea VA disability claims account for nearly 1 in 4 respiratory claims. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Even if you have a medical diagnosis during active-duty service, without a sleep study this is difficult to claim successfully. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Asymptomatic sleep apnea would not be compensated under the tentative regulation. The sleep study, while a critically important piece of evidence, is not DRIVING your VA sleep apnea claim. I just recently order the VA SLEEP APNEA FIELD MANUAL, I wonder if it is current its dated 2014. Some of the most common symptoms of sleep apnea include: People who suffer from sleep apnea are often unaware of the breathing disturbances, finding out about them from a bed partner or roommate. In this blog post, we will discuss how. Has anyone in your family been diagnosed with sleep apnea? The most documented VA percentages for sleep apnea are as follows: 0% Sleep apnea with documented sleep disorder breathing that is currently asymptomatic. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. High Blood Pressure Secondary to Obstructive Sleep Apnea: What Veterans Should Know Are you suffering from obstructive sleep apnea syndrome and hypertension? Court of Appeals for Veterans Claims (CAVC). Not surprisingly, the VA Regional Office denied the claim in June 2008. The violence of the rape caused a lot of damage to her jaw, back and neck muscles, including breaking her jaw. 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. While we still have our home base in Florida, This is so simple that most folks dont believe it. Both sinusitis and rhinitis are linked to sleep apnea. 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. Lets take a look at 2 VA Sleep ApneaClaims. Its an essential piece of evidence. PTSDand the side effects of medications taken to address PTSDcan lead to the development of sleep apnea in a few different ways. 3 Steps to Veteran Disability Benefits for Sleep Apnea, 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD, 3 Ways to Get a VA Rating for Insomnia (The Insiders Guide). VA Disability for Sleep Apnea: Proving Service Connection List of the Top 5 Secondary Conditions to PTSD. Think about it this way: if you are diagnosed with severe hearing loss, then to win your hearing loss claim, you arent going to waste your time telling the VA about your knee injuries. Its likely your doctor will need to order a sleep study to determine if you have sleep apnea. 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. These machines create airway pressure to help the individual breathe throughout the night. 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. The VA has found sustained improvement in your ability to function under the ordinary conditions of life. Sleep Apnea: VA Disability Ratings and Benefits | CCK Law 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. 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). #2: It crosses the uvula that dangling thing in the back of your throat. If a doctor thinks its highly likely you have sleep apnea, the sleep study may also involve a positive air pressure (PAP) device. Keeping a list of your symptoms and treatments can be beneficial evidence to submit. Also see our post What is a Service-Connected Disability? 6 People Who Can Write a VA Playing Statement. VA Secondary Conditions to Sleep Apnea - CCK Law 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. 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. This includes having a sleep study done, a buddy letter from your spouse, and medical records from your doctor about your symptoms. The signs and symptoms of these three types of sleep apnea tend to overlap, sometimes making it difficult to determine which type a person has. A disability with a secondary service connection is a condition that was caused or made worse by an already existing service-connected condition. 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 5 Reasons that 76% of VA Sleep Apnea claims are denied - and how to fix the problem in YOUR case. 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. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. Sleep Apnea Secondary Connection to PTSD VA Disability The Veteran appealed, and had his first Board hearing (a remand for further development) in December 2009. Central Sleep Apnea:aka,CSA, is essentially a type of sleep apnea where the brain and the lungs are not communicating properly. I submitted my claim and tried to Link my Sleep Apnea to my PTSD. Want More Help with Your Sleep Apnea VA Claim? 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. OSA largely results from a disruption inthe normal breathing process. This is called a split-night sleep study. 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. claim of entitlement to service connection for sleep apnea. Therefore, a well-crafted nexus letter for sleep apnea is the single most crucial document a veteran can provide the VA adjudicator to help prove service connection on an at least as likely as not basis. The VA will usually order a sleep study to be performed in order to confirm a current diagnosis of sleep apnea. It also connects you with vetted medical professionals in our independent referral network for medical examinations and credible medical nexus letters. 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. The DBQ allows an examiner at a C&P exam to check boxes next to descriptions that best express how your sleep apnea is affecting you. 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. 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 Weve supported more than 15,000 veterans to win their claims. Its this simple. What makes these 2 VA sleep apnea claims different? 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. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. In order to determine whether you should be referred for a sleep study, a doctor will first perform a physical exam, ask about symptoms, and collect your personal and family history. No proof of service connection (missing a nexus letter) We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! Learn more about us, Veterans Disability Claim First of all, lets explore a little about this common disability in veterans, so you understand the condition and why its important you pursue your claim and get the benefits you deserve. 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. #3: It passes through the throat muscles, between the vocal chords, and enters your lungs. There are cases in which your VA rating for sleep apnea would not be re-evaluated. At its core, Complex, or mixed, Sleep Apnea is a type of sleep apnea with mixed causes. Sleep apnea can be service-connected in two ways: either direct service connection or secondary service connection. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 This can occur from ten times to hundreds of times per night. yet assertive representation for our clients. 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. Some doctors may have you fill out a questionnaire about your sleep habits. Citation Nr: 21055584 Decision Date: 09/08/21 Archive Date: 09/08/21 DOCKET NO. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. 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. 5 Star Evidence is KEY to a VA sleep apnea disability claim. Sleep Apnea Denial : r/Veterans - Reddit 401-331-6300. 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. While appellate litigation proceeded, the veteran underwent a VA sleep study, which diagnosed mild obstructive sleep apnea. Obesity greatly increases the risk of obstructive sleep apnea, due to excessive weight constricting the airway. No current sleep study within the last 12 months, #2. Getting a Claim for Sleep Apnea Approval - VA Claims Insider Research shows a strong correlation between deployments and sleep disorders, and sleep apnea is extremely common among veterans. Physicians will treat sleep apnea depending on the type and severity of the condition. Phoenix, AZ: One Renaissance Tower, Two North Central Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Learn how your comment data is processed. If you are among the former military service members living with sleep apnea, you may be eligible for veterans disability compensation through the Department of Veterans Affairs. Mr. Davis filed his initial brief on September 9, 2019 ("App. 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. 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. The hard copy, if you would like to get that, is also the second editionyou can get the hard copy by clicking here. 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. A study conducted by the VA Healthcare System for San Diego and National Center for PTSD found that between 40 percent and 98 percent (!) 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. 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 is currently reviewing the other disabilities reviewed by NASEM in the 2020 report for consideration for potential presumptive service connection. United States Court of Appeals for Veterans Claims So if this proposed change for sleep apnea ratings goes through, its possible that veterans may start getting lowballed ratings. Sleep apnea treatment depends on the type and severity of the condition. What made the difference was that the veteran inVA sleep apnea claim #1 lacked ANY lay evidence of sleep apnea symptomatology from service to diagnosis.
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