Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 These sleep disturbances can occur from tens to hundreds of times per night. Estimate your 2023 VA Rating & Compensation for FREE! Need a C&P exam for sleep apnea secondary to PTSD? 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. No proof of service connection (missing a nexus letter) 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). 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. 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. He was diagnosed with sleep apnea in 2007, after his military service. 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. 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. A VA claim for sleep apnea can be denied for many reasons. In order to help you with your secondary claim, we have put together this Insiders Guide! How hard is it to get VA disability for sleep apnea? Denied again. Complex Sleep Apnea: In September 2006, researchers at the Mayo Clinic identified a new type of Sleep Apnea whichthey are calling complex sleep apnea. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. As a fellow disabled Veteran this is shameful and Im on a mission to change it. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. 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). claim of entitlement to service connection for sleep apnea. 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. Copyright 2023 VA Claims Insider, LLC. The VA Regional Office denied his claim. A disability rating at any given percentage (e.g., 30%, 50%, 100%) pays based on that percentage, no matter what condition(s) gives you that rating. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1952 to March 1954. Its likely your doctor will need to order a sleep study to determine if you have sleep apnea. Why? Being honest and thorough is important so everything can be properly documented. Posted May 20, 2022 (edited) 1. are still among the most common treatments. I just recently order the VA SLEEP APNEA FIELD MANUAL, I wonder if it is current its dated 2014. However, VA has not identified literature to support inclusion of sleep apnea as a presumption at this time. Want More Help with Your Sleep Apnea VA Claim? of veterans with PTSD also have a co-occuring sleep disturbance, including obstructive sleep apnea (OSA). 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Sleep Apnea denial - Veterans Benefits Network This can range from CPAP therapy, lifestyle changes such as diet, exercise, and others. Direct service connection for sleep apnea can be difficult to obtain, as most successful cases require a diagnosis while on active duty. 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. Before or in addition to CPAP therapy, lifestyle changes such as diet, exercise, and stress reduction may be recommended. Diagnosing Sleep Apnea 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. 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! The team at Hill & Ponton may be able to assist you with a denial of benefits for sleep apnea. Recently, it has been widely accepted by the, According to theNational Sleep Foundation, insomnia is a chronic sleep disorder, characterized by complaints of unsatisfactory sleep, despite having ample opportunity to sleep. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Estimate your 2023 VA Rating & Compensation for FREE! Sleep apnea can be aggravated by PTSD (secondary to PTSD), also an extremely common disorder for veterans. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 * She sought treatment, and after a couple of sleep studies, was diagnosed with OSA Obstructive Sleep Apnea. Her husband told her she would snore loudly and wake up in the night often stopping breathing. 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. Required fields are marked *. In April 2004, he wastreated after his military service ended for fatigue and insomnia. When he got to the BVA the following evidence was in his C-File: A VA C&P exam concluding that sleep apnea was less likely than not related to military service. OSA is a common denial veterans receive when pursuing a VA claim, but it doesnt have to beif you understand the condition and what your claim must include in order to be successful. 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. VA Sleep Apnea Claim - Deniedagain : r/Veterans - Reddit Sleep Apnea Denial : r/Veterans - Reddit 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. 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. Evidence. United States Court of Appeals for Veterans Claims This blockage is caused when the back throat muscles relax, impairing the airflow. 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). How to Get a 100 Percent VA Rating (if deserved)! (If you need an independent medical opinion in the VAs language, take a look at our VA Claims Insider Elite program. Left untreated, sleep apnea can lead to cardiovascular diseases (high blood pressure, heart failure, arrhythmias, stroke), diabetes, depression, and headaches, among others. Sleep Disturbances in Veterans: the Hurricane Threatening the Veterans Mr. Davis filed his initial brief on September 9, 2019 ("App. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. 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. Check out our Philips CPAP Recall page here! Camp Lejeune Lawsuit. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. 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 apnea VA rating criteria are as follows: If you feel groggy during the day, you may be rated at 30 percent. Was your obstructive sleep apnea (OSA) VA claim denied? If a doctor thinks its highly likely you have sleep apnea, the sleep study may also involve a positive air pressure (PAP) device. 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. 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. 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. Research shows a strong correlation between deployments and sleep disorders, and sleep apnea is extremely common among veterans. * 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. Sleep apnea and secondary service connection. 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. 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. VA regional office denied the claims and she appealed. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 1.3 million veterans enrolled in VA Healthcare have a sleep apnea diagnosis, With over 50 conditions that can be medically linked to sleep apnea. The most documented VA percentages for sleep apnea are as follows: 0% Sleep apnea with documented sleep disorder breathing that is currently asymptomatic. What is the current VA rating for sleep apnea? Federal Register :: Presumptive Service Connection for Respiratory 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. * 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. Please call for an appointment before visiting: Mail Processing Center: P.O. Traumatic brain injury and physical pain are also conditions that affect many veterans and can lead to sleep apnea. The Veteran inVA sleep apnea claim #2 did it right by using lay, and medical evidence, together. You may already be able to see how understanding the roots of your Sleep Apnea diagnosis can DRIVE your sleep apnea claim. If you have sleep apnea and sinusitis/rhinitis, your next step would be to get a doctors medical opinion supporting that your service-connected sinusitis/rhinitis caused or aggravates your sleep apnea. 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). At that time, the VA may schedule a re-examination to verify if your sleep apnea symptoms still exist, and if theyve changed. The medical examination may seem like extra hard work but could qualify that veteran for additional monthly compensation. Yes, sleep apnea can be service-connectedand will need to be service-connected in order for you to get a disability rating for sleep apnea. How VA Diagnoses Sleep Apnea in Veterans. A study conducted by the VA Healthcare System for San Diego and National Center for PTSD found that between 40 percent and 98 percent (!) Save my name, email, and website in this browser for the next time I comment. NOW ITS YOUR TURN. * Damage to the lungs themselves can lead to OSA. 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. This would mean you had a sleep study conducted while on active duty and received a medical diagnosis of sleep apnea as a result of the study. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. In this guide, we'll explore how to get a VA Rating for Insomnia even if youve already filed or been denied benefits in the past. This study will serve as medical evidence for the veterans case and can help to prove the medical condition or medical conditions that go into a total rating. Lay Statements are important! Its sleep apnea that appears by itself, with no apparent causation. In order to determine whether you should be referred for a sleep study, a doctor will first perform a physical exam, ask about symptoms, and collect your personal and family history. The most trusted name in education-based resources for Veterans. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. The VA will usually order a sleep study to be performed in order to confirm a current diagnosis of sleep apnea. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. 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. 401-331-6300. 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.