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. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 How to Hire an Attorney For Your VA Claim or Appeal. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Was it the blow to the throat when you were thrown against the side of the Hum-vee in that mortar attack? Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 For this reason, a secondary service connection for sleep apnea is much more common. If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. 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. Traumatic brain injury and physical pain are also conditions that affect many veterans and can lead to 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. This is rare, because most veterans dont realize they have sleep apnea until after theyve left military service. 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. By the way, these examples come directly from 2 actual BVA decisions. The medical examination may seem like extra hard work but could qualify that veteran for additional monthly compensation. Estimate your 2023 VA Rating & Compensation for FREE! Has anyone in your family been diagnosed with sleep apnea? No current sleep study within the last 12 months #2. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. Is Sleep Apnea Could Be a Service-Connected VA Disability? * The 5 Reasons that 76% of VA Sleep Apnea claims are denied - and how to fix the problem in YOUR case. 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. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. Lay Statements are important! The Veteran inVA sleep apnea claim #2 did it right by using lay, and medical evidence, together. * 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. A C&P exam and a sleep apnea diagnosis are crucial to qualifying for the upper tiers of compensation. The most trusted name in education-based resources for Veterans. Did the VA Benefit of the Doubt Rule just disappear? 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. A doctors diagnosis will be one of the keys to getting a sleep apnea VA rating. 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. 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. A VA C&P exam concluding that sleep apnea was "less likely than not" related to military service. 1.3 million veterans enrolled in VA Healthcare have a sleep apnea diagnosis, With over 50 conditions that can be medically linked to sleep apnea. As a veteran, youre four times more likely than other Americans to develop sleep apnea. How does this help you in YOUR VA Sleep Apnea Claims? PTSD is well-known for causing sleep deprivation, chronic stress, and an increase in body mass or obesity due to prescribed medications. If you continue to use this site we will assume that you are happy with it. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 The condition is given a serious VA disability rating . As a fellow disabled Veteran this is shameful and Im on a mission to change it. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 (The Insiders Guide). Sleep apnea can be aggravated by PTSD (secondary to PTSD), also an extremely common disorder for veterans. Your final VA Disability Rating for Insomnia depends upon the Top 5 Reasons for Obstructive Sleep Apnea Claim Denials (Plus OSA Service Connection Tips), Steps and Strategies: How to Prove Service Connection for Sleep Apnea, Step #1: Get a NEW Sleep Study (within the past 12 months), Step #2: Obtain a medical diagnosis of sleep apnea from a sleep specialist, Step #3: Get a nexus letter for sleep apnea from a credible independent medical professional, Lack of Medical Evidence is the #1 Reason VA Claims are Denied, Step #4: Consider secondary service connection instead of direct service connection, Secondary Service Connection Requirements. a medical nexus or link that shows the veterans sleep apnea is related to their in-service event, injury/illness. Posted May 20, 2022 (edited) 1. This may be even easier for you now because of a new VA new rule as of August 2, 2021. 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. 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. VA Sleep Apnea claim denied I recently received word back from the VA that my sleep apnea claim was denied. See our tips on how to obtain a credible nexus letter. He had traditional sleep apnea symptoms, and was diagnosed with sleep apnea in January 2007. 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. Direct service connection for sleep apnea can be difficult to obtain, as most successful cases require a diagnosis while on active duty. 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! Sleep apnea and secondary service connection. In our experience, OSA denials are almost always due to one or more of these five gaps: #1. 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. 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. * The 5Reasons that 76% of VA Sleep Apnea claims are denied and how to fix the problem in YOUR case. Thousands of other Veterans in our Community are here for you. VA regional office denied the claims and she appealed. In this blog post, we will discuss how. 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. 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. 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. Record Before the Agency ("R.") at 4-12. #3: It passes through the throat muscles, between the vocal chords, and enters your lungs. Sleep Apnea and How it Affects Your VA Disability Rating If it has, there might be a rating reduction. Both disorders have risk factors that affect both sleep apnea and symptoms of PTSD, and the conditions can aggravate each other. Click the button below to get more information. Sleep apnea also ranks #2 on our List of the Top 5 Secondary Conditions to PTSD. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Federal Register :: Presumptive Service Connection for Respiratory 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). 20 percent disability rating: $327.99 per month. It can also work in reverse: sleep apnea can lead to other disabilities. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Get a Free Case Evaluation, The Link between Sleep Apnea and Hypertension, VA Disability Ratings for Insomnia and Sleep Disturbances, Sleep Apnea Secondary Connection to PTSD VA Disability, Other Medical Conditions Sleep Apnea is Connected With, VA Proposes Changes to Sleep Apnea Ratings, Common Sleep Apnea and Sleep Problems Symptoms in Veterans, VA CPAP Machines for Sleep Apnea Treatment, Establishing Service Connection For Sleep Apnea, C&P Exam for Sleep Apnea and Sleep Studies. 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. 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 . You DESERVE a HIGHER VA rating.WE CAN HELP. You may already be able to see how understanding the roots of your Sleep Apnea diagnosis can DRIVE your sleep apnea claim. 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. I already have 70% for PTSD. The private physician noted post-deployment symptomatology of sleep apnea, and opined that the Veterans Sleep Apnea was, at least as likely as not, related to the Veterans tours of duty in Iraq. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 10 percent disability rating: $165.92 per month. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. 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. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Bottom Line: Understanding YOUR VA Sleep Apnea diagnosis Drives YOUR Claim. If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. A polysomnogram is a sleep study in which medical devices are used to monitor a persons breathing, heart rate, and the electrical activity of their brain waves while they sleep. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! 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. What happens during a C&P exam for sleep apnea? 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. Not surprisingly, the VA Regional Office denied the claim in June 2008. An obstruction or a problem anywhere along that path of air, can cause Obstructive Sleep Apnea. Also see our post on receiving a VA rating for sleep apnea secondary to PTSD. If your VA disability claim has been denied, contact our office today for a free consultation at (401) 753-6359. we represent clients nationwide. Did the VA Benefit of the Doubt Rule just disappear? Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. Veterans NEED Information and Education to Improve their VA Sleep Apnea Appeals. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). Learn more about us, Veterans Disability Claim Its this simple: without a bullet, a rifle is powerless. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. sleep apnea secondary connection with PTSD, Denied for Benefits? 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. How to Claim Sleep Apnea Secondary to PTSD - Rep for Vets A person must have a polysomnogram, either in a sleep lab or at home, in order to be diagnosed with sleep apnea. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. If you have a breathing machine, you need to provide . 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. The sleep apnea VA rating criteria are as follows: If you feel groggy during the day, you may be rated at 30 percent. 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. According to the VA, 1 in 5 veterans has obstructive sleep apnea. Lets take an actual veterans sleep apnea claim (Ive disguised this veterans identity because this is a true story). Sleep apnea can make it hard for your brain to regulate blood flows in your arteries and in the brain itself. Sleep Apnea VA Claim: What is the VA Disability Rating for Sleep Apnea? 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. How to Get a 100 Percent VA Rating (if deserved)! The hard copy, if you would like to get that, is also the second editionyou can get the hard copy by clicking here. In addition, during the C&P exam for a sleep apnea VA rating, its important to make the case for how your sleep apnea impacts your ability to work, your daily life, and your social life. 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. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). How to Get a 100 Percent VA Rating (if deserved)! Camp Lejeune Lawsuit. Lesson learned:Lay Evidence is the Bullet, and Medical Evidence is the rifle. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! Why did 2 nearly identical VA sleep apnea claims have such different Your sleep apnea rating will compensate you based on your conditions severity. Since you have already received a denial then you would have to submit a supplemental claim with new evidence and new ARGUMENTS. Making the Sausage: Heres what you need to know about new VA Claims regulations. 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. Sleep Apnea Denial Looking for some direction from people that have received rating for sleep apnea. Phone. I will never prove my claim.. Research shows a strong correlation between deployments and sleep disorders, and sleep apnea is extremely common among veterans. Sleep apnea was noted as the top claimed and granted respiratory condition. This Veteran served in Iraq and Kuwait in 2003 to 2004. To be rated at 100 percent, you must experience chronic respiratory failure. Conditions like COPD (due to asbestos. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, sleep apnea as a secondary service connected condition to PTSD, Calculate Your Potential Compensation Now. * About 2 years after her discharge, she began having sleeping problems. She was a former US Airforce civilian employee, who worked at Hill Air Force Base, in Layton, UT as a flight testing administrator. The denial of disability claims for unconfirmed, undiagnosed sleep apnea is a regular occurrence for the VA. It was denied. In April 2004, he wastreated after his military service ended for fatigue and insomnia. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 In December 2007, he filed a claim to service connect Sleep Apnea, as secondary to service-connected PTSD. You may also be asked to fill out what is called a Disability Benefits Questionnaire or a DBQ. I submitted a supplemental claim adding some articles and VA reviews showing correlation with PTSD. Being honest and thorough is important so everything can be properly documented. 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. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. of veterans with PTSD also have a co-occuring sleep disturbance, including obstructive sleep apnea (OSA). 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! I submitted my claim and tried to Link my Sleep Apnea to my PTSD. The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both.
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