In VA sleep apnea claims, medical opinion evidence is the rifle, and lay evidence is the bullet. Mr. Davis filed his initial brief on September 9, 2019 ("App. 40 percent disability rating: $731.86 per month. Our firm was founded in 1986 in Orlando, Florida. Getting a Claim for Sleep Apnea Approval - VA Claims Insider Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). Sleep apnea can be aggravated by PTSD (secondary to PTSD), also an extremely common disorder for veterans. Save my name, email, and website in this browser for the next time I comment. Todays post is about 2 veterans at the BVA, both with very similar VA sleep apnea claims. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Your email address will not be published. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. 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. Sleep apnea is classified by the VA as sleep apnea syndromes (diagnostic code 6847). 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. Also see our post What is a Service-Connected Disability? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. The VA rates all cases individually, but usually follow a guide of qualifying conditions. Thousands of other Veterans in our Community are here for you. Citation Nr: 21055584 Decision Date: 09/08/21 Archive Date: 09/08/21 DOCKET NO. VA Sleep Apnea claim denied : r/VeteransBenefits - Reddit 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. So she went back to her doctor she knew the diagnosis drives the Sleep Apnea Claim to understand HER diagnosis better. Its an essential piece of evidence. * 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. Accomplish you want to succeed in your Sleep Apnea VE Impairment Claim? Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Does Sleep Apnea Qualify as a VA Disability? 2022 Ratings VA Secondary Conditions to Sleep Apnea - CCK Law VA Sleep Apnea Claim - Deniedagain : r/Veterans - Reddit As a fellow disabled Veteran this is shameful and Im on a mission to change it. 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. 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. Aug 11, 2021 #1 I was recently denied my claim for sleep apnea. For now, these ratings are merely a proposal so stay tuned to this page while we update. 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. A credible nexus letter fulfills one of the requirements for secondary service connection for sleep apnea: medical nexus evidence establishing a connection between the service-connected disability and the current disability (sleep apnea). Weve supported more than 15,000 veterans to win their claims. Lets take a look at 2 VA Sleep ApneaClaims. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. 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 Higher-Level Review for OSA - VA Claims Insider Why do so many veterans have sleep apnea? of veterans with PTSD also have a co-occuring sleep disturbance, including obstructive sleep apnea (OSA). Direct service connection for sleep apnea can be difficult to obtain, as most successful cases require a diagnosis while on active duty. 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. (The Insiders Guide). The nature of the diagnosis of sleep apnea narrows the in-service events that we focus on for nexus purposes. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Hypersomnolence (i.e., excessive daytime sleepiness), Mental anxiety and/or depression related to combat, Use of alcohol, sedatives, certain medications or tranquilizers. 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. 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. Before or in addition to CPAP therapy, lifestyle changes such as diet, exercise, and stress reduction may be recommended. 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. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Has anyone in your family been diagnosed with sleep apnea? 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. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! The VA will usually order a sleep study to be performed in order to confirm a current diagnosis of sleep apnea. 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. 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. These sleep disturbances can occur from tens to hundreds of times per night. A nexus letter is often the missing link in a VA claim. You DESERVE a HIGHER VA rating.WE CAN HELP. 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. He had traditional sleep apnea symptoms, and was diagnosed with sleep apnea in January 2007. Since that time, we have provided compassionate Even if you have a medical diagnosis during active-duty service, without a sleep study this is difficult to claim successfully. He was diagnosed with sleep apnea in 2007, after his military service. Need a C&P exam for sleep apnea secondary to PTSD? Sleep apnea is proven to significantly reduce a persons quality of life (in one study, the reduction in quality of life was equivalent to that observed with diabetes or hypertension). Sleep apnea treatment depends on the type and severity of the condition. The VA refers to mixed sleep apnea as a combination of the obstructive and central forms of the condition. During a C&P exam for sleep apnea, you will be asked questions about your condition and how it affects your day-to-day life. The VA Regional Office denied his 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. Even if you have a medical diagnosis during active-duty service, without a sleep study this is difficult to claim successfully. 20 percent disability rating: $327.99 per month. 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. #3: It passes through the throat muscles, between the vocal chords, and enters your lungs. 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. * About 2 years after her discharge, she began having sleeping problems. 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. No current sleep study within the last 12 months #2. 17-59 208 DATE: September 8, 2021 REMAND Entitlement to service connection for sleep apnea is remanded. List of the Top 5 Secondary Conditions to PTSD. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Required fields are marked *. 0%: Indicates that the claimant is largely asymptomatic but does show documented sleep apnea. How does the diagnosis DRIVE your VA sleep apnea claim? Example: How a Sleep Apnea Diagnosis Drives the VA Sleep Apnea claim. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. The VA prescribes several different types of CPAP machines. Why would a VA claim for sleep apnea be denied? VA Disability for Sleep Apnea: A Guide to Legal Aid - Berry Law A person must have a polysomnogram, either in a sleep lab or at home, in order to be diagnosed with sleep apnea. Because sleep apnea affects how your body takes in oxygen, it can be linked to strokes. 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. This means that a veteran has an already service-connected disability that caused the veteran to have sleep apnea. 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. * The 5 Reasons that 76% of VA Sleep Apnea claims are denied - and how to fix the problem in YOUR case. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices What DOES Drive the VA Sleep Apnea Claim? Since you have already received a denial then you would have to submit a supplemental claim with new evidence and new ARGUMENTS. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. 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). VA Claims insider is an education-based coaching/consulting company. 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. This is called a split-night sleep study. A private physician note indicates that prior to deployment to Iraq, the Veteran had no symptoms of, or treatment for, sleep apnea. You may also be asked to fill out what is called a Disability Benefits Questionnaire or a DBQ. If you continue to use this site we will assume that you are happy with it. These sleep disturbances can occur from tens to hundreds of times per night. book: Put it to Rest: Your VA Sleep Apnea Claim. Finally, a 100% rating is available when sleep apnea is so severe that it involves organ damage. 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. To learn more about how this works, check out my book: Put it to Rest: Your VA Sleep Apnea Claim. In this post we'll explore how to get a service connected VA disability rating for Sleep Apnea secondary to Anxiety, even if you've already filed, been denied, or gave up. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Required fields are marked *. Essential Keys to Winning Your Sleep Apnea VA Benefits Claim VA claim for sleep apnea denied? Both anxiety and depression can also be linked to sleep apnea. Check out our post on sleep apnea secondary connection with PTSD here! Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! 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. Top 5 Questions about Sleep Apnea VA Claims - Disability Denials Your email address will not be published. Complex Sleep Apnea: In September 2006, researchers at the Mayo Clinic identified a new type of Sleep Apnea whichthey are calling complex sleep apnea. Sleep Apnea as secondary to PTSD Denied - Denial Letters - VA It was denied. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. 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. 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. Sleep apnea VA disability claims account for nearly 1 in 4 respiratory claims. Both disorders have risk factors that affect both sleep apnea and symptoms of PTSD, and the conditions can aggravate each other. In this case, there must be a medical nexus to link the sleep apnea to their already service-connected disability. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both. 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.