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. Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. With over 50 conditions that can be medically linked to sleep apnea, its important to understand the three elements required by law that must be satisfied in order for sleep apnea to be service-connected secondary to another service-connected disability. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. Do you currently smoke, or have you smoked in the past? Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. How do I prove VA disability for sleep apnea? Veteran Service-Connected Sleep Apnea Claims on the Rise An increasing number of sleep apnea claims are cropping up among younger veterans. Since that time, we have provided compassionate Sleep apnea is a common condition that affects about22 million people nationwide. Is a CPAP machine the only treatment for sleep apnea? Lesson learned:Lay Evidence is the Bullet, and Medical Evidence is the rifle. 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 hard copy, if you would like to get that, is also the second editionyou can get the hard copy by clicking here. 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. How to Hire an Attorney For Your VA Claim or Appeal. How to Use one VA Lay Display to Win Your Disabled Claims 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. 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. Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. Did the VA Benefit of the Doubt Rule just disappear? I already have 70% for PTSD. VA Secondary Conditions to Sleep Apnea - CCK Law * She sought treatment, and after a couple of sleep studies, was diagnosed with OSA Obstructive Sleep Apnea. 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. Sleep Apnea Denial Looking for some direction from people that have received rating for sleep apnea. 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 VA awards disability ratings for sleep apnea at the 0 percent, 30 percent, 50 percent, and 100 percent levels. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. This field is for validation purposes and should be left unchanged. A VA C&P exam from February 2012 concluding the veterans sleep apnea was less likely than not related to military service, on multiple legal theories. Thousands of other Veterans in our Community are here for you. 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. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Sleep Apnea and How it Affects Your VA Disability Rating However, VA has not identified literature to support inclusion of sleep apnea as a presumption at this time. 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. This is so simple that most folks dont believe it. This Veteran served in Iraq and Kuwait in 2003 to 2004. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 These sleep disturbances can occur from tens to hundreds of times per night. So she went back to her doctor she knew the diagnosis drives the Sleep Apnea Claim to understand HER diagnosis better. Making the Sausage: Heres what you need to know about new VA Claims regulations. Weve supported more than 15,000 veterans to win their claims. The VA assigns the following ratings for veterans based on the severity of their sleep apnea: PTSD, Hypertension, Asthma, Cardiovascular Conditions, Type II Diabetes, Mental Health Conditions, Respiratory Conditions, Alzheimers disease. Required fields are marked *. 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 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. 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. Sleep Apnea Denial : r/Veterans - Reddit Obesity greatly increases the risk of obstructive sleep apnea, due to excessive weight constricting the airway. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. A C&P exam and a sleep apnea diagnosis are crucial to qualifying for the upper tiers of compensation. Lets take an actual veterans sleep apnea claim (Ive disguised this veterans identity because this is a true story). VA Sleep Apnea claim denied : r/VeteransBenefits - Reddit It is essential that you document symptoms and evidence to submit. Sleep apnea can be service-connected in two ways: either direct service connection or secondary service connection. You can link these two by detailing the side effects of PTSD that impact your sleep apnea, with the doctor writing your nexus letter. 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. 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). Bottom Line: Understanding YOUR VA Sleep Apnea diagnosis Drives YOUR Claim. 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. Why would a VA claim for sleep apnea be denied? He was diagnosed with sleep apnea in 2007, after his military service. 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. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Conditions like COPD (due to asbestos. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. Also see our post What is a Service-Connected Disability? Sleep apnea VA disability claims account for nearly 1 in 4 respiratory claims. 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 VA Regional Office denied his claim. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. 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. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. * 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. 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? Therefore, a well-crafted nexus letter for sleep apnea is the single most crucial document a veteran can provide the VA adjudicator to help prove service connection on an at least as likely as not basis. Since 2009, the number of veterans claims for sleep apnea has increased by over 150%, according to USA Today. The most trusted name in education-based resources for Veterans. The first step we like to suggest (aside from starting with VA Form 21-526EZ) is to get a medical opinion from your doctor when it comes to proving a sleep apnea claim. * About 2 years after her discharge, she began having sleeping problems. By the way, these examples come directly from 2 actual BVA decisions. Thats the original copyright date, Marcus; the ebook version in the bookstore is the 2nd edition, updated in 2016. OSA largely results from a disruption inthe normal breathing process. Top 5 Questions about Sleep Apnea VA Claims - Disability Denials Thanks to additions to the VA presumptive list, you may be able to presumptively service-connect rhinitis, sinusitis, rhinosinusitis or asthma if you served in particular theaters during specified time periods. 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. Research shows a strong correlation between deployments and sleep disorders, and sleep apnea is extremely common among veterans. 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! Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 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. 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. 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. In this case, there must be a medical nexus to link the sleep apnea to their already service-connected disability. Learn more about us, Veterans Disability Claim If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. When he got to the BVA the following evidence was in his C-File: Copyright 2023 VA Claims Insider, LLC. 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.