This places a disabled veteran in the VA's Group 1 for treatment. There are also many service-connected conditions that can result in sleep apnea. Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. Did the VA Benefit of the Doubt Rule just disappear? 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. Aug 11, 2021 #1 I was recently denied my claim for sleep apnea. These machines create airway pressure to help the individual breathe throughout the night. As a part of the VAs duty to assist veterans in obtaining evidence to help prove their claim, the VA has a duty to assist veterans in scheduling the examination for a sleep study and helping them realize the VA disability claim that they are entitled to. 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. This is especially relevant for veterans diagnosed with sleep apnea long after leaving the military. How does the diagnosis DRIVE your VA sleep apnea claim? this was in Sept last year, fast forward to now, and as i suspected my sleep apnea was denied connection to my PTSD. Some doctors may have you fill out a questionnaire about your sleep habits. 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. How to Get a 100 Percent VA Rating (if deserved)! No current sleep study within the last 12 months #2. Since sleep apnea can correlate with conditions like heart disease and obesity, its important to seek treatment options. Hierher been adenine few people who can write layup statements for your claim. How does this help you in YOUR VA Sleep Apnea Claims? No current medical diagnosis (within the last 12 months), or improper diagnosis #3. Im not going to talk about it much here because Im not seeing it in VA claims and appeals just yet. You only need to establish that your sleep apnea is at least as likely as not: A nexus letter is an evidence-based document prepared by a medical professional that helps to establish a connection between the veterans current disability and either military service (for direct service connection) or another rated disability (for secondary service connection). So if this proposed change for sleep apnea ratings goes through, its possible that veterans may start getting lowballed ratings. Save my name, email, and website in this browser for the next time I comment. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! VA Secondary Conditions to Sleep Apnea - CCK Law 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. Todays post is about 2 veterans at the BVA, both with very similar VA sleep apnea claims. 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. VA Sleep Apnea claim denied I recently received word back from the VA that my sleep apnea claim was denied. 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. Veterans that obtain a VA sleep apnea rating can regularly also service-connect strokes. 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. 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. 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. Reasons Why The VA May Deny Your Sleep Apnea Claim The Veteran inVA sleep apnea claim #2 did it right by using lay, and medical evidence, together. Sleep apnea is one of the most common conditions veterans want to file a VA disability claim for. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. 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. 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). 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. VA is currently reviewing the other disabilities reviewed by NASEM in the 2020 report for consideration for potential presumptive service connection. Obstructive sleep apnea can cause daytime sleepiness, snoring, depression, difficulties with concentration, and loss of memory. We are sorry that this post was not as useful for you! Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. The most documented VA percentages for sleep apnea are as follows: 0% Sleep apnea with documented sleep disorder breathing that is currently asymptomatic. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. 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. 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. 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. Typically, sleep apnea symptoms are at their worst during REM Sleep due to the bodys naturally-occurring reduced muscle tone in the bodys airway. Sleep apnea is classified by the VA as sleep apnea syndromes (diagnostic code 6847). I just recently order the VA SLEEP APNEA FIELD MANUAL, I wonder if it is current its dated 2014. This blockage is caused when the back throat muscles relax, impairing the airflow. 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. * 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. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 I hope this post can give you some insight into how to improve your VA sleep apnea claims. 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. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. For now, these ratings are merely a proposal so stay tuned to this page while we update. Required fields are marked *. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Its this simple: without a bullet, a rifle is powerless. 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). It was denied. If a doctor thinks its highly likely you have sleep apnea, the sleep study may also involve a positive air pressure (PAP) device. All of these can contribute to sleep apnea. Does Sleep Apnea Qualify as a VA Disability? 2022 Ratings The BVA is saying that there was no lay evidence (or medical evidence for that matter) from service to diagnosis of the veterans sleep apnea. Weve supported more than 15,000 veterans to win their claims. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. He regularly writes about issues that are important to veterans and their families. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Click the button below to get more information. 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.. Sleep Apnea and How it Affects Your VA Disability Rating The Office of the Inspector General found that 1.3 million veterans enrolled in VA Healthcare have a sleep apnea diagnosis. PTSD, may be at higher risk for sleep apnea than the general population. List of the Top 5 Secondary Conditions to PTSD. Mr. Davis filed his initial brief on September 9, 2019 ("App. The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both. The team at Hill & Ponton may be able to assist you with a denial of benefits for sleep apnea. Bringing someone with you to the appointment may also be useful. 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. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Her husband told her she would snore loudly and wake up in the night often stopping breathing. Sleep apnea treatment depends on the type and severity of the condition. Since that time, we have provided compassionate Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Complex Sleep Apnea: In September 2006, researchers at the Mayo Clinic identified a new type of Sleep Apnea whichthey are calling complex sleep apnea. Its an essential piece of evidence. Court of Appeals for Veterans Claims (CAVC). So she went back to her doctor she knew the diagnosis drives the Sleep Apnea Claim to understand HER diagnosis better. 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. 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. The number of VA disability ratings that are awarded for sleep apnea is on the rise, however, it still fails to address the entire issue. Your Sleep Apnea VA Rating A Guide to Getting a - VA Claims Insider A VA C&P exam concluding that sleep apnea was "less likely than not" related to military service. 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. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1952 to March 1954. It is essential that you document symptoms and evidence to submit. To be rated at 100 percent, you must experience chronic respiratory failure. How to Hire an Attorney For Your VA Claim or Appeal. Sleep Apnea VA Claim: What is the VA Disability Rating for Sleep Apnea? The medical examination may seem like extra hard work but could qualify that veteran for additional monthly compensation. 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. 10 percent disability rating: $165.92 per month. He was diagnosed with sleep apnea in 2007, after his military service. The violence of the rape caused a lot of damage to her jaw, back and neck muscles, including breaking her jaw. A private physician note indicates that prior to deployment to Iraq, the Veteran had no symptoms of, or treatment for, sleep apnea. 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. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. You must have a medical statement from a doctor detailing how your sleep apnea is service-connected. Just be mindful that a sleep apnea diagnosis isnt all about neck girth and obesity. The most trusted name in education-based resources for Veterans. Type II Diabetes & Sleep Apnea For this reason, a secondary service connection for sleep apnea is much more common. 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. 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. * The 5Reasons that 76% of VA Sleep Apnea claims are denied and how to fix the problem in YOUR case. Its this simple. yet assertive representation for our clients. She has also spent several years working with the Department of Veterans Affairs audiology programs in Salt Lake City, UT and Pocatello, ID. How to Get a 100 Percent VA Rating (if deserved)! If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Copyright 2023 VA Claims Insider, LLC. 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. What kind of CPAP machine does the VA use? In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! How to Claim Sleep Apnea Secondary to PTSD - Rep for Vets Why? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Id like to tell you about their VA sleep apnea claims and show you why they had such different results. Being honest and thorough is important so everything can be properly documented. A study conducted by the VA Healthcare System for San Diego and National Center for PTSD found that between 40 percent and 98 percent (!) Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. 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. 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). I filed the claim as as secondary to GERD a pre-existing already disability. www.va.gov It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. The Higher-Level Review for OSA - VA Claims Insider Why would a VA claim be denied Sleep Apnea? Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. This sleep-disordered breathing leads to poor sleep quality and is a risk factor for the poor quality of life. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 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. Br."). I submitted a supplemental claim adding some articles and VA reviews showing correlation with PTSD. Lesson learned:Lay Evidence is the Bullet, and Medical Evidence is the rifle. Both sinusitis and rhinitis are linked to sleep apnea. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Some veterans with sleep apnea may experience improvement with lifestyle changes, but CPAP therapy is still among the most common treatments. Br."). OSA largely results from a disruption inthe normal breathing process. Bottom Line: Understanding YOUR VA Sleep Apnea diagnosis Drives YOUR Claim. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. If you prefer a paper copy, you can get it direct from the publisher by clicking here, or buy it on Amazon, by clicking on the link below: If its all too much and youre ready to hire an attorney that is accredited to handle VA Claims, and who focuses a lot of his firmslaw practice on VA SleepApnea claims, check out the Attig Steel law firm and request a consultation about your VA sleep apnea appeal. The VA has found sustained improvement in your ability to function under the ordinary conditions of life. 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. The VA prescribes several different types of CPAP machines. 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! In order to prove a secondary service connection, youll need three things: PTSD doesnt have to be the main cause of your sleep apnea, but it does have to be connected. 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. Our team of skilled attorneys has experience handling veterans' disability claims for Sleep Apnea, Insomnia, and more. Sleep apnea is rated under 38 CFR 4.97, diagnostic code 6847 Sleep Apnea Syndromes (Obstructive, Central Mixed). Sleep apnea is a serious sleep disorder in which breathing is briefly and repeatedly interrupted during sleep. The denial of disability claims for unconfirmed, undiagnosed sleep apnea is a regular occurrence for the VA. Keeping a list of your symptoms and treatments can be beneficial evidence to submit. In order to help you with your secondary claim, we have put together this Insiders Guide! #3: It passes through the throat muscles, between the vocal chords, and enters your lungs. You're not alone. Its sleep apnea that appears by itself, with no apparent causation. Thats the original copyright date, Marcus; the ebook version in the bookstore is the 2nd edition, updated in 2016. Obesity greatly increases the risk of obstructive sleep apnea, due to excessive weight constricting the airway. The symptoms have disappeared or are not severe enough to cause any issues. 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. Now, it wasnt just the mere existence of lay evidence of sleep apnea symptomatology from service discharge to diagnosis that made the difference. At its core, Complex, or mixed, Sleep Apnea is a type of sleep apnea with mixed causes. Sleep Apnea denial - Veterans Benefits Network 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. Beyond the PTSD criterion symptoms of insomnia and nightmares, 40% to 98% of veterans with PTSD also have a co- occurring sleep disturbance such as obstructive sleep apnea (OSA), periodic leg movement disorder, sleep terrors, or nocturnal anxiety attacks. In fact, even if the Veteran inVA sleep apnea claim #2 had not had a private medical opinion, that lay evidence would have completely undercut the VA C&P examin that claimbecause that VA C&P opinion did NOT consider the lay statements of the ongoing and chronic symptoms of sleep apnea from discharge to diagnosis. 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. Was it inhaling the air around the Burn Pits? 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. The VA Regional Office denied his claim. The VA Regional Office denied his claim. 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. The Veteran appealed, and had his first Board hearing (a remand for further development) in December 2009. If so, how often and how long are your naps? If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Although the VA diagnosed me with sleep apnea, they stated that they did not have enough evidence to tie my diagnosis with events I experienced during my deployment. Sleep apnea is a common condition that affects about22 million people nationwide. She was a former US Airforce civilian employee, who worked at Hill Air Force Base, in Layton, UT as a flight testing administrator. The sleep apnea VA rating criteria are as follows: If you feel groggy during the day, you may be rated at 30 percent. 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. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Get service-connected, get compensated and get the care you need! 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. 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. VA Sleep Apnea Claim #1: This Veteran served in Iraq and Kuwait in 2003 to 2004. 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 * 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. Learn how your comment data is processed. By the way, these examples come directly from 2 actual BVA decisions. If you continue to use this site we will assume that you are happy with it. This is the most common route of veterans' claims for sleep apnea. 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. Typically the re-evaluation period is anywhere from two to five years after your initial examination. 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. Phone. Check out the VA Sleep Apnea Field Manual. * She sought treatment, and after a couple of sleep studies, was diagnosed with OSA Obstructive 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. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. caused or made worse by your active duty military service OR. Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. See our tips on how to obtain a credible nexus letter, Both sinusitis and rhinitis are linked to sleep apnea, Emerging research indicates a strong association between PTSD and sleep apnea, You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Disrupted breathing in which a persons respiration can become labored or even stop for up to a minute at a time, Limited attention span or difficulty thinking clearly, Snoring, including snoring that is especially loud and involves gasping, choking, or snorting that may cause a person to briefly wake up, #1. This field is for validation purposes and should be left unchanged. 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. 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. Conditions like COPD (due to asbestos. Copyright 2023 VA Claims Insider, LLC. The major causes appear to be sleep deprivation and chronic stress. Was your obstructive sleep apnea (OSA) VA claim denied? Lets take an actual veterans sleep apnea claim (Ive disguised this veterans identity because this is a true story). 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. Diagnosing Sleep Apnea * Any damage to your nose, face, mouth, throat, neck, chest, or diaphragm can cause the airway to be obstructed, or the airflow to be limited.
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