These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. REM (Rapid Eye Movement) sleep is also sometimes known as deep sleep. This sleep-disordered breathing leads to poor sleep quality and is a risk factor for the poor quality of life. Court of Appeals for Veterans Claims (CAVC). In April 2004, he wastreated after his military service ended for fatigue and insomnia. So if this proposed change for sleep apnea ratings goes through, its possible that veterans may start getting lowballed ratings. 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. Note: Millions of Philips CPAP Machines have been recalled due to toxic chemical seeping into mask and unknowingly being inhaled by sleep apnea patients. * 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. 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. Even if you have a medical diagnosis during active-duty service, without a sleep study this is difficult to claim successfully. How to File a Claim on VA.gov (step-by-step)! 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). Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Evidence. The Higher-Level Review for OSA - VA Claims Insider Sleep apnea is a common condition that affects about22 million people nationwide. Sleep Apnea: VA Disability Ratings and Benefits | CCK Law Top 5 Questions about Sleep Apnea VA Claims - Disability Denials Thousands of other Veterans in our Community are here for you. 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. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. 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. are still among the most common treatments. While some individuals with breathing disorders may show improvement from lifestyle changes, breathing assistance devices such as CPAP machines (Continuous Positive Airway Pressure), BiPap machines, etc. According to the VBA , there were over 282,300 service-connected sleep apnea claims that were awarded in 2017. 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. Reasons Why The VA May Deny Your Sleep Apnea Claim No current medical diagnosis (within the last 12 months), or improper diagnosis #3. How to Use one VA Lay Display to Win Your Disabled Claims Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! For the most part, if you're a disabled veteran with a sleep apnea claim, the 50% sleep apnea rating is your best-case scenario. 5 Star Evidence is KEY to a VA sleep apnea disability claim. caused or made worse by your active duty military service OR. 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. Do you currently smoke, or have you smoked in the past? * 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. This Veteran served in Iraq and Kuwait in 2003 to 2004. Even if you have a medical diagnosis during active-duty service, without a sleep study this is difficult to claim successfully. I submitted a supplemental claim adding some articles and VA reviews showing correlation with PTSD. 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. It was denied. 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! Finally, a 100% rating is available when sleep apnea is so severe that it involves organ damage. 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. 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. They are putting the cart before the horse. I filed the claim as as secondary to GERD a pre-existing already disability. She enjoys working with the Veteran population and keeping them up to date with information they need the most. Also see our post on receiving a VA rating for sleep apnea secondary to PTSD. An obstruction or a problem anywhere along that path of air, can cause Obstructive Sleep Apnea. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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. How hard is it to get VA disability for sleep apnea? Making the Sausage: Heres what you need to know about new VA Claims regulations. You may already be able to see how understanding the roots of your Sleep Apnea diagnosis can DRIVE your sleep apnea claim. Required fields are marked *. 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. 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. How to Hire an Attorney For Your VA Claim or Appeal. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). A person must have a polysomnogram, either in a sleep lab or at home, in order to be diagnosed with sleep apnea. Since that time, we have provided compassionate This is rare, because most veterans dont realize they have sleep apnea until after theyve left military service. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Because sleep apnea affects how your body takes in oxygen, it can be linked to strokes. 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. claim of entitlement to service connection for sleep apnea. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider If treatment for sleep apnea provides only limited alleviation, you will only receive ten percent of your maximum compensation, even if a CPAP machine is required. PTSD, may be at higher risk for sleep apnea than the general population. #1: Air is pulled in through the nasal passages. Also make sure to seek the care you need to get relief from the effect of sleep apnea on your health and life. 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. We can helpreach out so we can show you how. Sleep apnea was noted as the top claimed and granted respiratory condition. The VA will call you from the following phone number: 1-800-827-1000. Traumatic brain injury and physical pain are also conditions that affect many veterans and can lead to sleep apnea. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Why? His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. I submitted my claim and tried to Link my Sleep Apnea to my PTSD. The Veteran inVA sleep apnea claim #2 did it right by using lay, and medical evidence, together. 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. A C&P exam and a sleep apnea diagnosis are crucial to qualifying for the upper tiers of compensation. Just be mindful that a sleep apnea diagnosis isnt all about neck girth and obesity. www.va.gov United States Court of Appeals for Veterans Claims 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. 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 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. (The Insiders Guide). If youre claiming sleep apnea as a secondary condition, make sure you already have a medical diagnosis before you make your claim. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Id like to tell you about their VA sleep apnea claims and show you why they had such different results. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 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. Get the real info veterans need to file successfully for sleep apnea disability benefits. Was it inhaling the air around the Burn Pits? No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Although all of these symptoms contribute to the interaction betweensleep apnea and PTSD, the main culprits seem to be sleep deprivation and chronic stress. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. 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 Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 VA Secondary Conditions to Sleep Apnea - CCK Law The denial of disability claims for unconfirmed, undiagnosed sleep apnea is a regular occurrence for the VA. VA claim for sleep apnea denied? Which primary disabilities make the best claims for secondary service connection of sleep apnea? Bringing someone with you to the appointment may also be useful. The "Bridge Claim": How to use Obesity to Service Connect Obstructive 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. Todays post is about 2 veterans at the BVA, both with very similar VA sleep apnea claims. In December 2007, he filed a claim to service connect Sleep Apnea, as secondary to service-connected PTSD. No current sleep study within the last 12 months, #2. A Continuous Positive Airway Pressure (CPAP) machine helps treat sleep apnea by delivering a stream of air into your airways through a mask and a tube. The team at Hill & Ponton may be able to assist you with a denial of benefits for sleep apnea. Citation Nr: 21055584 Decision Date: 09/08/21 Archive Date: 09/08/21 DOCKET NO. 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. 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. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Save my name, email, and website in this browser for the next time I comment. Most denials of sleep breathing requirements are due to. Record Before the Agency ("R.") at 4-12. Did the VA Benefit of the Doubt Rule just disappear? Your email address will not be published. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1952 to March 1954. This is so simple that most folks dont believe it. 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. Required fields are marked *. 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. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Check out our Philips CPAP Recall page here! 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. Get service-connected, get compensated and get the care you need! You're not alone. Obesity greatly increases the risk of obstructive sleep apnea, due to excessive weight constricting the airway. In an April 2014 report, a VA examiner opined that Ms. Walsh's sleep apnea was "likely due to her Turns out, SSG Jones was raped in the Army a very violent rape by a Senior NCO in her unit. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. 10 percent disability rating: $165.92 per month. Typically, sleep apnea symptoms are at their worst during REM Sleep due to the bodys naturally-occurring reduced muscle tone in the bodys airway. If you continue to use this site we will assume that you are happy with it. VA Disability for Sleep Apnea: A Guide to Legal Aid - Berry Law 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. Our firm was founded in 1986 in Orlando, Florida. 6 People Who Can Write a VA Playing Statement. 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. Lesson learned:Lay Evidence is the Bullet, and Medical Evidence is the rifle. It can also work in reverse: sleep apnea can lead to other disabilities. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). This places a disabled veteran in the VA's Group 1 for treatment. Why do so many veterans have sleep apnea? Loved ones like family or close friends could also be a good help in sharing how your sleep has changed. High Blood Pressure Secondary to Obstructive Sleep Apnea: What Veterans Should Know Are you suffering from obstructive sleep apnea syndrome and hypertension? 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. 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. 203, San Jose, CA 95134 Your email address will not be published. Do you feel tired or sleepy during the day? Sleep Apnea secondary to Asthma : r/VeteransBenefits - Reddit Camp Lejeune Lawsuit. 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. Veterans that obtain a VA sleep apnea rating can regularly also service-connect strokes. So she went back to her doctor she knew the diagnosis drives the Sleep Apnea Claim to understand HER diagnosis better. 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. Making the Sausage: Heres what you need to know about new VA Claims regulations. 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 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 order to establish direct service connection for sleep apnea, a claimant must show that they have: A veteran can also establish service connection for sleep apnea on asecondarybasis. The nature of the diagnosis of sleep apnea narrows the in-service events that we focus on for nexus purposes. According to the VA, 1 in 5 veterans has obstructive sleep apnea. I had a sleep study completed and the study indicated that I had obstructed sleep apnea and required a CPAP. Sleep apnea also ranks #2 on our List of the Top 5 Secondary Conditions to PTSD. Our team of skilled attorneys has experience handling veterans' disability claims for Sleep Apnea, Insomnia, and more. 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 2 veterans had very different results at the BVA. What DOES Drive the VA Sleep Apnea Claim? The VA awards disability ratings for sleep apnea at the 0 percent, 30 percent, 50 percent, and 100 percent levels. Br."). Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. Estimate your 2023 VA Rating & Compensation for FREE! Veterans Court reminds the VA: the BVA must adjudicate the logically related informal 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. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. VA Sleep Apnea Claim #1: This Veteran served in Iraq and Kuwait in 2003 to 2004. A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. You're not alone. Why would a VA claim for sleep apnea be denied? 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. Both disorders have risk factors that affect both sleep apnea and symptoms of PTSD, and the conditions can aggravate each other. Sleep Apnea Denial Looking for some direction from people that have received rating for sleep apnea. 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. Does Sleep Apnea Qualify as a VA Disability? 2022 Ratings If the first half of the nights results confirm you have sleep apnea, the second half of the night will utilize the PAP device to prepare you for ongoing treatment. 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. 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. Obstructive sleep apnea can cause daytime sleepiness, snoring, depression, difficulties with concentration, and loss of memory. 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. 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.
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