New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Sleep apnea treatment depends on the type and severity of the condition. 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. 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. 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. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. In December 2007, he filed a claim to service connect Sleep Apnea, as secondary to service-connected PTSD. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Which primary disabilities make the best claims for secondary service connection of sleep apnea? New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Claire Szewczyk Updated: November 7, 2022. It also connects you with vetted medical professionals in our independent referral network for medical examinations and credible medical nexus letters. Take advantage of a FREE VA Claim Discovery Call. By the way, these examples come directly from 2 actual BVA decisions. There are many factors during and after service that make veterans vulnerable to this condition. What makes these 2 VA sleep apnea claims different? * 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. 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. Was it inhaling the air around the Burn Pits? Your email address will not be published. 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. San Jose, CA: 2880 Zanker Road, Ste. By covering all the bases in your sleep apnea VA claim processhaving your sleep apnea diagnosed with a sleep study and connecting your sleep apnea to a service-connected condition with medical evidenceyoull set yourself up for success to get a service-connected VA rating for sleep apnea. 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. Sleep apnea can make it hard for your brain to regulate blood flows in your arteries and in the brain itself. While appellate litigation proceeded, the veteran underwent a VA sleep study, which diagnosed mild obstructive sleep apnea. 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. 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. You see, somewhere out there the general thinking generally wrong thinking has become that you need a sleep study in the military to prove that your current diagnosis of sleep apnea is related to your military service. If your VA disability claim has been denied, contact our office today for a free consultation at (401) 753-6359. Its sleep apnea that appears by itself, with no apparent causation. Obstructive sleep apnea can cause daytime sleepiness, snoring, depression, difficulties with concentration, and loss of memory. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). Making the Sausage: Heres what you need to know about new VA Claims regulations. He was denied service connection for sleep apnea by the BVA, despite extensive evidence of treatment for sleep apnea from 2007 2014, at VA medical facilities. It is, at its core, an interruption of the communication network between the brain and the breathing muscles. She enjoys working with the Veteran population and keeping them up to date with information they need the most. 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. The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both. However, in February 2022, VA proposed changes that would reclassify sleep apnea ratings to 0 percent, 10 percent, 30 percent, or 50 percent, with 100 percent for sleep apnea seeming even harder to qualify for. 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. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. No proof of service connection (missing a nexus letter) 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.. 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. The condition is given a serious VA disability rating . Please call for an appointment before visiting: Mail Processing Center: P.O. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! 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. Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. 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. VA Sleep Apnea Claim #1: This Veteran served in Iraq and Kuwait in 2003 to 2004. 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. Why would a VA claim be denied Sleep Apnea? Aug 11, 2021 #1 I was recently denied my claim for sleep apnea. 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. Since that time, we have provided compassionate 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! Both sinusitis and rhinitis are linked to sleep apnea. Obesity greatly increases the risk of obstructive sleep apnea, due to excessive weight constricting the airway. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. 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. 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. 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). Check out the VA Sleep Apnea Field Manual. 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. When youre granted a sleep apnea VA rating, you may also be assigned a re-evaluation period (unless the condition is classified as static). The Veteran inVA sleep apnea claim #2 did it right by using lay, and medical evidence, together. Your email address will not be published. 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. VA is currently reviewing the other disabilities reviewed by NASEM in the 2020 report for consideration for potential presumptive service connection. To learn more about how this works, check out my book: Put it to Rest: Your VA Sleep Apnea Claim. While we still have our home base in Florida, This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. 5 Star Evidence is KEY to a VA sleep apnea disability claim. Its an essential piece of evidence. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. A VA C&P exam concluding that sleep apnea was "less likely than not" related to military service. This blockage is caused when the back throat muscles relax, impairing the airflow. What DOES Drive the VA Sleep Apnea Claim? The sleep study, while a critically important piece of evidence, is not DRIVING your VA sleep apnea claim. Not surprisingly, the VA Regional Office denied the claim in June 2008. Br."). This means that a veteran has an already service-connected disability that caused the veteran to have sleep apnea. Learn how your comment data is processed. 76% were Denied or Remanded for more evidence. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Lets take a look at 2 VA Sleep ApneaClaims. 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). NOW ITS YOUR TURN. Was your obstructive sleep apnea (OSA) VA claim denied? Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. She was a former US Airforce civilian employee, who worked at Hill Air Force Base, in Layton, UT as a flight testing administrator. The independent opinion of a private medical professional can also influence the C&P examiners medical opinion, as well as the VA rating officials final disability decision. How to File a Claim on VA.gov (step-by-step)! we represent clients nationwide. Do you feel tired or sleepy during the day? The VA will usually order a sleep study to be performed in order to confirm a current diagnosis of sleep apnea. Record Before the Agency ("R.") at 4-12. When he got to the BVA the following evidence was in his C-File: Turns out, SSG Jones was raped in the Army a very violent rape by a Senior NCO in her unit. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 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. The symptoms have disappeared or are not severe enough to cause any issues. 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. How does this help you in YOUR VA Sleep Apnea Claims? You must have a medical statement from a doctor detailing how your sleep apnea is service-connected. Hierher been adenine few people who can write layup statements for your claim. Know your diagnosis, and you know what in-service events are most important to tie to it for purposes of establishing the element of nexus in a service connection claim. The Secretary of Veterans Affairs ("Secretary") filed a brief in this case on December 19, 2019 ("Sec. The nature of the diagnosis of sleep apnea narrows the in-service events that we focus on for nexus purposes. Youd focus on the things that caused nerve damage that led to the central sleep apnea, brain trauma, or brain chemistry, for example. Id like to tell you about their VA sleep apnea claims and show you why they had such different results. 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. Weve supported more than 15,000 veterans to win their claims. * 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. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. 17-59 208 DATE: September 8, 2021 REMAND Entitlement to service connection for sleep apnea is remanded. 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. 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. Sleep apnea was noted as the top claimed and granted respiratory condition. You may also be asked to fill out what is called a Disability Benefits Questionnaire or a DBQ. I just recently order the VA SLEEP APNEA FIELD MANUAL, I wonder if it is current its dated 2014. At its core, Complex, or mixed, Sleep Apnea is a type of sleep apnea with mixed causes. I filed the claim as as secondary to GERD a pre-existing already disability. The VA Regional Office denied his claim. 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. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. 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. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 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. VA claim for sleep apnea denied? 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. There are cases in which your VA rating for sleep apnea would not be re-evaluated. The VA awards disability ratings for sleep apnea at the 0 percent, 30 percent, 50 percent, and 100 percent levels. In our experience, most VA disability claims are won or lost based on medical evidence. Some veterans with sleep apnea may experience improvement with lifestyle changes, but CPAP therapy is still among the most common treatments. Was it the blow to the throat when you were thrown against the side of the Hum-vee in that mortar attack? 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. Br."). This guide will outline the basics of sleep apnea, how the VA disability rating works for this condition, and how qualifying veterans can prove direct service connection as well as sleep apnea as a secondary service connected condition to PTSD. The same goes for depression and anxietyor any of the 33 mental health conditions rated by the VAwhich can be highly disruptive to sleep. Lay Statements are important! Many veterans dont even know what sleep apnea is while on active duty, let alone that they need a sleep study to prove they have it! 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. 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 . How hard is it to get VA disability for sleep apnea? (If you need an independent medical opinion in the VAs language, take a look at our VA Claims Insider Elite program. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. 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. Excessive daytime sleepiness is the most noticeable signal for those who live alone. Why would a VA claim for sleep apnea be denied? Can the VA take away my sleep apnea rating? 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. I submitted my claim and tried to Link my Sleep Apnea to my PTSD. This Veteran served in Iraq and Kuwait in 2003 to 2004. 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. Thousands of other Veterans in our Community are here for you. Is it difficult to stay awake performing tasks like driving, reading or watching TV? Want More Help with Your Sleep Apnea VA Claim? may be at higher risk for sleep apnea than the general population. Keeping a list of your symptoms and treatments can be beneficial evidence to submit. Your email address will not be published. Our firm was founded in 1986 in Orlando, Florida. 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. "Among veterans with PTSD, sleep disturbances are nearly universal. A person must have a polysomnogram, either in a sleep lab or at home, in order to be diagnosed with sleep apnea. The VA Regional Office denied his claim. The Office of the Inspector General found that 1.3 million veterans enrolled in VA Healthcare have a sleep apnea diagnosis. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 If youre claiming sleep apnea as a secondary condition, make sure you already have a medical diagnosis before you make your claim. This examples proves my point, and it is one worth repeating: To recover VA disability compensation in your sleep apnea claim or appeal, first you must know and understand your sleep apnea diagnosis. See our tips on how to obtain a credible nexus letter. Both anxiety and depression can also be linked to sleep apnea. Service connection on a secondary basis requires evidence of aggravation or causation.This requires that the secondary disability be shown to be proximately due to or proximately aggravated by another service-connected disability. They are putting the cart before the horse. Anxiety and depression can interfere with sleep patterns. It was what the lay evidence DID that made all the difference in these two VA sleep apnea claims. Save my name, email, and website in this browser for the next time I comment. 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. Believe it or not, buddy statements can be helpful in proving sleep apnea claims if you can find vets who you served with and heard you snoring, or can talk about the issues that led to the sleep apnea. Lets take an actual veterans sleep apnea claim (Ive disguised this veterans identity because this is a true story). 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. 11:30 Why this obstructive sleep apnea claim was denied Sleep disordered breathing, as well as the myriad of symptoms linked with it (such as sleepiness and fatigue), can all exacerbate the relationship between sleep apnea and PTSD. You're not alone. a medical nexus or link that shows the veterans sleep apnea is related to their in-service event, injury/illness. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Sleep apnea is rated under 38 CFR 4.97, diagnostic code 6847 Sleep Apnea Syndromes (Obstructive, Central Mixed). aggravated beyond its natural progression by another service-connected condition (for secondary service connection). What is the current VA rating for sleep apnea? How to File a Claim on VA.gov (step-by-step)! I submitted a supplemental claim adding some articles and VA reviews showing correlation with PTSD. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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. 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. EXCELLENT INFO SIR AND I WILL USE IT IN MY CLAIM!!!!! 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. A VA claim for sleep apnea can be denied for many reasons. 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. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Evidence. In this case, there must be a medical nexus to link the sleep apnea to their already service-connected disability. I was however granted 10% for Asthma, as they said I would have gotten 30% if I had meds, which I did, and did submit that as evidence. In an April 2014 report, a VA examiner opined that Ms. Walsh's sleep apnea was "likely due to her Why? As a fellow disabled Veteran this is shameful and Im on a mission to change it. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. * 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. 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. 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. Save my name, email, and website in this browser for the next time I comment. The VA Regional Office denied his claim. Sleep apnea can be aggravated by PTSD (secondary to PTSD), also an extremely common disorder for veterans. 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. Its free to join and we dont win unless you win.). Sleep apnea can be service-connected in two ways: either direct service connection or secondary service connection. 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. Conditions like COPD (due to asbestos or particulate exposure in burn pits, for example), blocks the air path at the point where the lungs move oxygen into the blood stream. caused or made worse by your active duty military service OR. What happens during a C&P exam for sleep apnea? 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. Estimate your 2023 VA Rating & Compensation for FREE! PTSD is well-known for causing sleep deprivation, chronic stress, and an increase in body mass or obesity due to prescribed medications. 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. How to Get a 100 Percent VA Rating (if deserved)! 0%: Indicates that the claimant is largely asymptomatic but does show documented sleep apnea. 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). To be rated at 100 percent, you must experience chronic respiratory failure. 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. Did the VA Benefit of the Doubt Rule just disappear? 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. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Bottom Line: Understanding YOUR VA Sleep Apnea diagnosis Drives YOUR Claim. REM (Rapid Eye Movement) sleep is also sometimes known as deep sleep. Sometimes the VA will schedule re-examinations to determine if there has been an improvement with a veterans sleep apnea has improved. VA claim for sleep apnea denied? Veterans NEED Information and Education to Improve their VA Sleep Apnea Appeals. He was diagnosed with sleep apnea in 2007, after his military service. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. Need a C&P exam for sleep apnea secondary to PTSD? The hard copy, if you would like to get that, is also the second editionyou can get the hard copy by clicking here. Even if youve been denied before, its not too late! Click the button below to get more information. Also see our post on receiving a VA rating for sleep apnea secondary to PTSD. Learn how your comment data is processed.
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