This is rare, because most veterans dont realize they have sleep apnea until after theyve left military service. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Click the button below to get more information. 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. 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. Just be mindful that a sleep apnea diagnosis isnt all about neck girth and obesity. If youre dealing with sleep apnea as a secondary condition to PTSD, you arent alone! or particulate exposure in burn pits, for example), blocks the air path at the point where the lungs move oxygen into the blood stream. I applied for sleep apnea secondary PTSD about a year ago. * 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. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! Typically the re-evaluation period is anywhere from two to five years after your initial examination. What happens during a C&P exam for sleep apnea? * About 2 years after her discharge, she began having sleeping problems. Hierher been adenine few people who can write layup statements for your claim. You DESERVE a HIGHER VA rating.WE CAN HELP. 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. If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! yet assertive representation for our clients. 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. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Estimate your 2023 VA Rating & Compensation for FREE! 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. Even if youve been denied before, its not too late! Traumatic brain injury and physical pain are also conditions that affect many veterans and can lead to sleep apnea. However, VA has not identified literature to support inclusion of sleep apnea as a presumption at this time. 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. Its likely your doctor will need to order a sleep study to determine if you have sleep apnea. 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. Br."). 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. Obstructive sleep apnea (OSA) is one of the more common types of sleep apnea, which occurs when the upper airway repeatedly becomes blocked throughout the night. Sleep apnea is a common condition that affects about22 million people nationwide. While we still have our home base in Florida, How to Hire an Attorney For Your VA Claim or Appeal. By the way, these examples come directly from 2 actual BVA decisions. Contact Us He had traditional sleep apnea symptoms, and was diagnosed with sleep apnea in January 2007. 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. No current medical diagnosis (within the last 12 months), or improper diagnosis #3. Sleep apnea can be aggravated by PTSD (secondary to PTSD), also an extremely common disorder for veterans. 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 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. This places a disabled veteran in the VA's Group 1 for treatment. The team at Hill & Ponton may be able to assist you with a denial of benefits for sleep apnea. Before or in addition to CPAP therapy, lifestyle changes such as diet, exercise, and stress reduction may be recommended. Also see our post What is a Service-Connected Disability? There are risk factors that overlap in both disorders affecting sleep apnea and symptoms of PTSD, oftentimes aggravating the conditions. 20 percent disability rating: $327.99 per month. You may already be able to see how understanding the roots of your Sleep Apnea diagnosis can DRIVE your sleep apnea claim. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. No current sleep study within the last 12 months, #2. 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 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). Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. There are cases in which your VA rating for sleep apnea would not be re-evaluated. 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. #2: It crosses the uvula that dangling thing in the back of your throat. This can range from CPAP therapy, lifestyle changes such as diet, exercise, and others. If so, how often and how long are your naps? Did the VA Benefit of the Doubt Rule just disappear? are still among the most common treatments. Here are some of the most common symptoms of central and obstructive sleep apnea: Morning headache Having a dry mouth when you wake up Loud snoring Periods in which you stop breathing when you sleep Difficulty staying asleep Trouble paying attention while awake Irritability Daytime sleepiness Sexual dysfunction 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 would a VA claim be denied Sleep Apnea? Obesity greatly increases the risk of obstructive sleep apnea, due to excessive weight constricting the airway. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). The VA rates all cases individually, but usually follow a guide of qualifying conditions. For now, these ratings are merely a proposal so stay tuned to this page while we update. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. When he got to the BVA the following evidence was in his C-File: 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. Lets take a look at 2 VA Sleep ApneaClaims. 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. 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. This field is for validation purposes and should be left unchanged. I submitted a supplemental claim adding some articles and VA reviews showing correlation with PTSD. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. 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. A VA claim for sleep apnea can be denied for many reasons. #3: It passes through the throat muscles, between the vocal chords, and enters your lungs. Sleep apnea can make it hard for your brain to regulate blood flows in your arteries and in the brain itself. 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. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 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. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 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. These sleep disturbances can occur from tens to hundreds of times per night. This Veteran served in Iraq and Kuwait in 2003 to 2004. 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. 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.. 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. So she went back to her doctor she knew the diagnosis drives the Sleep Apnea Claim to understand HER diagnosis better. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Phone. 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. Learn how your comment data is processed. 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. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Veteran Service-Connected Sleep Apnea Claims on the Rise An increasing number of sleep apnea claims are cropping up among younger veterans. Sleep apnea and secondary service connection. She enjoys working with the Veteran population and keeping them up to date with information they need the most. 30 percent disability rating: $508.05 per month. Making the Sausage: Heres what you need to know about new VA Claims regulations. 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! Some doctors may have you fill out a questionnaire about your sleep habits. There are many factors during and after service that make veterans vulnerable to this condition. 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. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 (The Insiders Guide). If you have a breathing machine, you need to provide . Membership gives you your very own veteran coach to walk you through the VA claim process from start to end, and access to proprietary resources. 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. 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. 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. I hope this post can give you some insight into how to improve your VA sleep apnea claims. Sleep Apnea Denial Looking for some direction from people that have received rating for sleep apnea. Some veterans with sleep apnea may experience improvement with lifestyle changes, but CPAP therapy is still among the most common treatments. San Jose, CA: 2880 Zanker Road, Ste. Complex Sleep Apnea: In September 2006, researchers at the Mayo Clinic identified a new type of Sleep Apnea whichthey are calling complex sleep apnea. Though the path from your nose to your lungs is a short one, there are a lot of parts of your body that air has to pass through. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Many of them have been diagnosed with the condition many years after leaving active duty. This is called a split-night sleep study. study conducted by the VA Healthcare System for San Diego and National Center for PTSD. "Among veterans with PTSD, sleep disturbances are nearly universal. While appellate litigation proceeded, the veteran underwent a VA sleep study, which diagnosed mild obstructive sleep apnea. Lay Statements are important! He was denied support connectio nitrogen for sleep apneas by the BVA, despite extensive proof of treatment for sleep apnea away 2007 - 2014, at VE medical facilities. Since sleep apnea can correlate with conditions like heart disease and obesity, its important to seek treatment options. As a part of the VAs duty to assist veterans in obtaining evidence to help prove their claim, the VA has a duty to assist veterans in scheduling the examination for a sleep study and helping them realize the VA disability claim that they are entitled to. At its core, Complex, or mixed, Sleep Apnea is a type of sleep apnea with mixed causes. 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. 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. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. How does this help you in YOUR VA Sleep Apnea Claims? At VA Claims Insider, we can help you win your claim and get the highest VA rating for sleep apnea. Also see our post on receiving a VA rating for sleep apnea secondary to PTSD. sleep apnea secondary connection with PTSD, Denied for Benefits? Also make sure to seek the care you need to get relief from the effect of sleep apnea on your health and life. 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. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Why would a VA claim for sleep apnea be denied? Why do so many veterans have sleep apnea? 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! 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. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. 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. 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. 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. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 In VA sleep apnea claims, medical opinion evidence is the rifle, and lay evidence is the bullet. 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. I then applied for VA disability and received a 90% rating. 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). Excessive daytime sleepiness is the most noticeable signal for those who live alone. How does the diagnosis DRIVE your VA sleep apnea claim? Anxiety and depression can interfere with sleep patterns. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. If youve filed your VA disability claim and have been denied or have received a low rating, or youre not sure how to get started, reach out to us for a FREE VA Claim Discovery Callso you can FINALLY get the disability rating and compensation you deserve. 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. 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. I submitted my claim and tried to Link my Sleep Apnea to my PTSD. 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. The DBQ allows an examiner at a C&P exam to check boxes next to descriptions that best express how your sleep apnea is affecting you. See our article Burn Pit Presumptive Conditions. Posted May 20, 2022 (edited) 1. Central sleep apnea occurs when the brain either does not send signals to the muscles that control breathing or those signals are interrupted. 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. Conditions like COPD (due to asbestos. Finally, a 100% rating is available when sleep apnea is so severe that it involves organ damage. The veteran in VA sleep apnea claim #2 had exactly that. REM (Rapid Eye Movement) sleep is also sometimes known as deep sleep. Your email address will not be published. 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. 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. The same goes for depression and anxietyor any of the 33 mental health conditions rated by the VAwhich can be highly disruptive to sleep. A polysomnogram at a sleep center might be preferred if you have heart or lung disease, risk factors for central sleep apnea or a history of other sleep disorders. Sleep apnea often is thought of as a mild annoyance, but it is a significant condition that can lead to health issues ranging from hypertension, stroke and heart attack to depression, anxiety and headaches. As an aside, there is a fourth type of sleep apnea that has popped up lately in the medical world: idiopathic sleep apnea. Veterans NEED Information and Education to Improve their VA Sleep Apnea Appeals. How VA Diagnoses Sleep Apnea in Veterans. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 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. The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both. 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. These machines create airway pressure to help the individual breathe throughout the night. 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. The VA has been moving a lot of claims through this process. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. Research shows a strong correlation between deployments and sleep disorders, and sleep apnea is extremely common among veterans. I had a sleep study completed and the study indicated that I had obstructed sleep apnea and required a CPAP. Has anyone in your family been diagnosed with sleep apnea? As a veteran, youre four times more likely than other Americans to develop sleep apnea. At VA Claims Insider, we help veterans understand and take control of the claims process so they can get the rating and compensation theyre owed by law.

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