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. 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. How to Hire an Attorney For Your VA Claim or Appeal. This can occur from ten times to hundreds of times per night. Many veterans are diagnosed with obstructive sleep apnea, and thereforewith an effective claim that includes the right evidenceshould be eligible for a sleep apnea VA rating. * Damage to the lungs themselves can lead to OSA. You wouldnt necessarily focus on proving the same in-service events if you were diagnosed with central sleep apnea, though. 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. To be rated at 100 percent, you must experience chronic respiratory failure. As a veteran, youre four times more likely than other Americans to develop sleep apnea. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. 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. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Not surprisingly, the VA Regional Office denied the claim in June 2008. 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. 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. Estimate your 2023 VA Rating & Compensation for FREE! I submitted a supplemental claim adding some articles and VA reviews showing correlation with PTSD. This is especially relevant for veterans diagnosed with sleep apnea long after leaving the military. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. Before or in addition to CPAP therapy, lifestyle changes such as diet, exercise, and stress reduction may be recommended. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, no evidence of service connection for her Sleep Apnea. Learn how your comment data is processed. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Also see our post on receiving a VA rating for sleep apnea secondary to PTSD. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. 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. No current sleep study within the last 12 months #2. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. 40 percent disability rating: $731.86 per month. Finally, a 100% rating is available when sleep apnea is so severe that it involves organ damage. 30 percent disability rating: $508.05 per month. 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. A disability with a secondary service connection is a condition that was caused or made worse by an already existing service-connected condition. PTSD, may be at higher risk for sleep apnea than the general population. 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! Loved ones like family or close friends could also be a good help in sharing how your sleep has changed. 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). aggravated beyond its natural progression by another service-connected condition (for secondary service connection). Why? Obesity greatly increases the risk of obstructive sleep apnea, due to excessive weight constricting the airway. The Veteran appealed, and had his first Board hearing (a remand for further development) in December 2009. At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law. There are also many service-connected conditions that can result in sleep apnea. A doctors diagnosis will be one of the keys to getting a sleep apnea VA rating. Sleep apnea is a common condition that affects about22 million people nationwide. We can helpreach out so we can show you how. Can the VA take away my sleep apnea rating? 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. 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. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. How VA Diagnoses Sleep Apnea in Veterans. 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 blockage is caused when the back throat muscles relax, impairing the airflow. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. There are three components to proving direct service connection for any VA disability claim: For the legal principles of direct service connection, see 38 CFR 3.303. 76% were Denied or Remanded for more evidence. 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. Both disorders have risk factors that affect both sleep apnea and symptoms of PTSD, and the conditions can aggravate each other. High Blood Pressure Secondary to Obstructive Sleep Apnea: What Veterans Should Know Are you suffering from obstructive sleep apnea syndrome and hypertension? 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. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Your sleep apnea rating will compensate you based on your conditions severity. 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. Mr. Davis filed his initial brief on September 9, 2019 ("App. San Jose, CA: 2880 Zanker Road, Ste. 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). VA Sleep Apnea claim denied I recently received word back from the VA that my sleep apnea claim was denied. He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM. Lets take an actual veterans sleep apnea claim (Ive disguised this veterans identity because this is a true story). 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). Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 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. Thousands of other Veterans in our Community are here for you. Sometimes the VA will schedule re-examinations to determine if there has been an improvement with a veterans sleep apnea has improved. It was what the lay evidence DID that made all the difference in these two VA sleep apnea claims. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Being honest and thorough is important so everything can be properly documented. The Department denies these claims because they do not have sufficient evidence to conclusively say that a Veteran is suffering from sleep apnea without a diagnosis, even if the Veteran exhibits the symptoms of the disorder. A C&P exam and a sleep apnea diagnosis are crucial to qualifying for the upper tiers of compensation. 5 Star Evidence is KEY to a VA sleep apnea disability claim. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 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. Phone. If you have a service-connected disability aggravating or causing your sleep apnea, you may be eligible to get service connection for sleep apnea on a secondary basis. The VA refers to mixed sleep apnea as a combination of the obstructive and central forms of the condition. You DESERVE a HIGHER VA rating.WE CAN HELP. To learn more about how this works, check out my book: Put it to Rest: Your VA Sleep Apnea Claim. The VA rates all cases individually, but usually follow a guide of qualifying conditions. Now, it wasnt just the mere existence of lay evidence of sleep apnea symptomatology from service discharge to diagnosis that made the difference. "Among veterans with PTSD, sleep disturbances are nearly universal. 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. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Because the medical research is slim to Why do so many veterans have sleep apnea? In our experience, most VA disability claims are won or lost based on medical evidence. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Making the Sausage: Heres what you need to know about new VA Claims regulations. This field is for validation purposes and should be left unchanged. The veteran in VA sleep apnea claim #2 had exactly that. PTSD is well-known for causing sleep deprivation, chronic stress, and an increase in body mass or obesity due to prescribed medications. If youre claiming sleep apnea as a secondary condition, make sure you already have a medical diagnosis before you make your claim. They are putting the cart before the horse. 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. 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. 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. 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. Its this simple. Do I need a nexus letter for sleep apnea? Making the Sausage: Heres what you need to know about new VA Claims regulations. The VA will usually order a sleep study to be performed in order to confirm a current diagnosis of sleep apnea. * The 5 Reasons that 76% of VA Sleep Apnea claims are denied - and how to fix the problem in YOUR case. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. this was in Sept last year, fast forward to now, and as i suspected my sleep apnea was denied connection to my PTSD. are still among the most common treatments. VA claim for sleep apnea denied? 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. Spouse; Family Members; Friends; Colleagues; Other Service . 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 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. For veterans who have already been diagnosed with sleep apnea without a sleep study by the VA, the veteran may have to undergo a sleep study done by the VA in order to confirm the diagnosis for benefit purposes. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! How hard is it to get VA disability for 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. The most common VA rating for sleep apnea is 50 percent. 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. Build Your Sleep Apnea Claim RightField Manual Package. The most trusted name in education-based resources for Veterans. Sleep apnea is a serious sleep disorder in which breathing is briefly and repeatedly interrupted during sleep. 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. The most documented VA percentages for sleep apnea are as follows: 0% Sleep apnea with documented sleep disorder breathing that is currently asymptomatic. These would include situations in which: According to 38 CFR 3.105(e), a rating reduction (for any condition) may only take place in cases where: The VA is also required to issue a veteran notice of a proposed reduction and give you 60 days to submit evidence and 30 days to request a hearing (unless the reduction would not change your compensation). 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). 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.. The VA Regional Office denied his claim. Just be mindful that a sleep apnea diagnosis isnt all about neck girth and obesity. See our tips on how to obtain a credible nexus letter. Why would a VA claim be denied Sleep Apnea? I had a sleep study completed and the study indicated that I had obstructed sleep apnea and required a CPAP. You will need medical evidence that shows what type of sleep apnea you have (obstructive, central or mixed), how severe it is and if you can show how it was caused by your service in . Contact Us If your obstructive sleep apnea VA claim, or other sleep apnea claim, was originally denied, you may be able to appeal the rating and receive VA disability compensation. 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. 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 can choose to have a legal representative speak on your behalf at the informal conference, but I am a strong advocate in speaking for yourself in this matter. Even if youve been denied before, its not too late! An obstruction or a problem anywhere along that path of air, can cause Obstructive Sleep Apnea. 0%: Indicates that the claimant is largely asymptomatic but does show documented sleep apnea. Sleep apnea is classified by the VA as sleep apnea syndromes (diagnostic code 6847). 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. 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. All Rights Reserved. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. By focusing on what CAUSED the airway obstruction, you are forcingthe VA to focus on the in-service event and the nexus. Thousands of other Veterans in our Community are here for you. 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). This places a disabled veteran in the VA's Group 1 for treatment. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. Check out our post on sleep apnea secondary connection with PTSD here! Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). You may also be asked to fill out what is called a Disability Benefits Questionnaire or a DBQ. 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. Check out our Philips CPAP Recall page here! The VA prescribes several different types of CPAP machines. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Youll need to make the call on direct service connection versus secondary service connection. Your email address will not be published. In April 2004, he wastreated after his military service ended for fatigue and insomnia. 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. 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. The sleep study, while a critically important piece of evidence, is not DRIVING your VA sleep apnea claim. He regularly writes about issues that are important to veterans and their families. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. It is, at its core, an interruption of the communication network between the brain and the breathing muscles. OSA largely results from a disruption inthe normal breathing process. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Excessive daytime sleepiness is the most noticeable signal for those who live alone. Lay Statements are important! He was diagnosed with sleep apnea in 2007, after his military service. 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. 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. Veterans NEED Information and Education to Improve their VA Sleep Apnea Appeals. How to Get a VA Rating for Sleep Apnea Secondary to Anxiety (The Insiders Guide), Can I Get a VA Rating for Sleep Apnea Secondary to Depression? In this case, there must be a medical nexus to link the sleep apnea to their already 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. 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 VA had already conceded the rape occurred as part of another part of this Veterans claim). Sleep apnea is proven to significantly reduce a persons quality of life (in one study, the reduction in quality of life was equivalent to that observed with diabetes or hypertension). 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! or particulate exposure in burn pits, for example), blocks the air path at the point where the lungs move oxygen into the blood stream. For now, these ratings are merely a proposal so stay tuned to this page while we update. Many of them have been diagnosed with the condition many years after leaving active duty. 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Why would a VA claim for sleep apnea be denied? This can range from CPAP therapy, lifestyle changes such as diet, exercise, and others. * 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. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. study conducted by the VA Healthcare System for San Diego and National Center for PTSD. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Learn more about us, Veterans Disability Claim Also make sure to seek the care you need to get relief from the effect of sleep apnea on your health and life. Traumatic brain injury and physical pain are also conditions that affect many veterans and can lead to sleep apnea. 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. A nexus letter is often the missing link in a VA claim. I will never prove my claim.. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. 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. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). This is rare, because most veterans dont realize they have sleep apnea until after theyve left military service. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. What makes these 2 VA sleep apnea claims different? 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. Your email address will not be published. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. How to File a Claim on VA.gov (step-by-step)! No current medical diagnosis (within the last 12 months), or improper diagnosis #3. Since you have already received a denial then you would have to submit a supplemental claim with new evidence and new ARGUMENTS. Because sleep apnea affects how your body takes in oxygen, it can be linked to strokes. 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. 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