Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! What kind of CPAP machine does the VA use? Obstructive sleep apnea (OSA) is the most common type of sleep apnea. VA Sleep Apnea claim denied I recently received word back from the VA that my sleep apnea claim was denied. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! It was what the lay evidence DID that made all the difference in these two VA sleep apnea claims. Since 2009, the number of veterans claims for sleep apnea has increased by over 150%, according to USA Today. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 #2: It crosses the uvula that dangling thing in the back of your throat. 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. 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. Finally, a 100% rating is available when sleep apnea is so severe that it involves organ damage. Sleep apnea also ranks #2 on our List of the Top 5 Secondary Conditions to PTSD. Being honest and thorough is important so everything can be properly documented. Was it the blow to the throat when you were thrown against the side of the Hum-vee in that mortar attack? Save my name, email, and website in this browser for the next time I comment. The VA has been moving a lot of claims through this process. Was it inhaling the air around the Burn Pits? 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. 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. A statement from the doctor, and some additional medical evidence regarding those facts, was enough to win the case for sleep apnea, and it is now (at least for this veteran) a service connected condition. Aug 11, 2021 #1 I was recently denied my claim for sleep apnea. Do you take naps? VA claim for sleep apnea denied? Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. These machines create airway pressure to help the individual breathe throughout the night. 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. 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. 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. Citation Nr: 21055584 Decision Date: 09/08/21 Archive Date: 09/08/21 DOCKET NO. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 How to Get a 100 Percent VA Rating (if deserved)! Including a nexus letter for sleep apnea can be an important part of your claim to strengthen your case for a sleep apnea VA rating. Sleep Apnea is a potentially serious sleep disorder in which a person's breathing is repeatedly interrupted, or ceases, during the course of a night's sleep. Making the Sausage: Heres what you need to know about new VA Claims regulations. 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). 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. If a doctor thinks its highly likely you have sleep apnea, the sleep study may also involve a positive air pressure (PAP) device. 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. OSA secondary to PTSD (or other mental health claim) is a more challenging claim to make, but it is still a top candidate for secondary service connection of sleep apnea. 20 percent disability rating: $327.99 per month. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. REM (Rapid Eye Movement) sleep is also sometimes known as deep sleep. Your email address will not be published. Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. Turns out, SSG Jones was raped in the Army a very violent rape by a Senior NCO in her unit. This is called a split-night sleep study. 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. Copyright 2023 VA Claims Insider, LLC. Before or in addition to CPAP therapy, lifestyle changes such as diet, exercise, and stress reduction may be recommended. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. The causes of the condition can be a combination of CSA and OSA causes; it can also be that your CSA presents as OSA, and only becomes apparent as CSA after OSA treatment (this is called Treatment Emergent CSA). 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 resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. Heres the deal Lets begin today's post with the Bottom Line Up Front (BLUF): It is HARD to get service connected for Sleep Apnea secondary to Depression. * The 5Reasons that 76% of VA Sleep Apnea claims are denied and how to fix the problem in YOUR case. You DESERVE a HIGHER VA rating.WE CAN HELP. This can range from CPAP therapy, lifestyle changes such as diet, exercise, and others. An obstruction or a problem anywhere along that path of air, can cause Obstructive Sleep Apnea. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. In April 2004, he wastreated after his military service ended for fatigue and insomnia. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). Thousands of other Veterans in our Community are here for you. No current sleep study within the last 12 months, #2. Now, it wasnt just the mere existence of lay evidence of sleep apnea symptomatology from service discharge to diagnosis that made the difference. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). By focusing on what CAUSED the airway obstruction, you are forcingthe VA to focus on the in-service event and the nexus. 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. Im not going to talk about it much here because Im not seeing it in VA claims and appeals just yet. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. All Rights Reserved. Why would a VA claim be denied Sleep Apnea? REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1952 to March 1954. 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. study conducted by the VA Healthcare System for San Diego and National Center for PTSD. Learn more about us, Veterans Disability Claim Which primary disabilities make the best claims for secondary service connection of sleep apnea? Bottom Line: Understanding YOUR VA Sleep Apnea diagnosis Drives YOUR Claim. At its core, Complex, or mixed, Sleep Apnea is a type of sleep apnea with mixed causes. 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. If you are among the former military service members living with sleep apnea, you may be eligible for veterans disability compensation through the Department of Veterans Affairs. So if this proposed change for sleep apnea ratings goes through, its possible that veterans may start getting lowballed ratings. Estimate your 2023 VA Rating & Compensation for FREE! For the most part, if you're a disabled veteran with a sleep apnea claim, the 50% sleep apnea rating is your best-case scenario. In VA sleep apnea claims, medical opinion evidence is the rifle, and lay evidence is the bullet. How hard is it to get VA disability for sleep apnea? 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). Evidence. 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. Hierher been adenine few people who can write layup statements for your claim. It is essential that you document symptoms and evidence to submit. Some doctors may have you fill out a questionnaire about your sleep habits. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 30 percent disability rating: $508.05 per month. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. To learn more about how this works, check out my book: Put it to Rest: Your VA Sleep Apnea Claim. It can also work in reverse: sleep apnea can lead to other disabilities. Its this simple: without a bullet, a rifle is powerless. When the jaw was reset, it was done in such a way that caused the genioglossus muscle to weaken substantially although it happened over time. There are many factors during and after service that make veterans vulnerable to this condition. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Want More Help with Your Sleep Apnea VA Claim? "Among veterans with PTSD, sleep disturbances are nearly universal. You're not alone. 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. Court of Appeals for Veterans Claims (CAVC). Typically the re-evaluation period is anywhere from two to five years after your initial examination. 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. Id like to tell you about their VA sleep apnea claims and show you why they had such different results. She was a former US Airforce civilian employee, who worked at Hill Air Force Base, in Layton, UT as a flight testing administrator. 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. The VA rates all cases individually, but usually follow a guide of qualifying conditions. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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. The major causes appear to be sleep deprivation and chronic stress. 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. Your email address will not be published. sleep apnea secondary connection with PTSD, Denied for Benefits? * 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. Asymptomatic sleep apnea would not be compensated under the tentative regulation. This field is for validation purposes and should be left unchanged. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. * She filed a claim with the VA, but was told that without a sleep study in the military, there was no evidence of service connection for her Sleep Apnea. If it has, there might be a rating reduction. Youll need to make the call on direct service connection versus secondary service connection. 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. Our team of skilled attorneys has experience handling veterans' disability claims for Sleep Apnea, Insomnia, and more. How to File a Claim on VA.gov (step-by-step)! In an April 2014 report, a VA examiner opined that Ms. Walsh's sleep apnea was "likely due to her 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. 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. Claire Szewczyk is a Digital Content Coordinator for Hill & Ponton, PA in Florida. 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. 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. A person must have a polysomnogram, either in a sleep lab or at home, in order to be diagnosed with sleep apnea. 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. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. * Damage to the lungs themselves can lead to OSA. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Weve supported more than 15,000 veterans to win their claims and increase their ratings. The violence of the rape caused a lot of damage to her jaw, back and neck muscles, including breaking her jaw. Mr. Davis filed his initial brief on September 9, 2019 ("App. EXCELLENT INFO SIR AND I WILL USE IT IN MY CLAIM!!!!! In our experience, OSA denials are almost always due to one or more of these five gaps: Fortunately, there are simple strategies you can employ to address these factorseven if the VA has already denied your VA claim for sleep apnea. Required fields are marked *. 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. Not surprisingly, the VA Regional Office denied the claim in June 2008. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 The 2 veterans had very different results at the BVA. While appellate litigation proceeded, the veteran underwent a VA sleep study, which diagnosed mild obstructive 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. 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. Veteran Service-Connected Sleep Apnea Claims on the Rise An increasing number of sleep apnea claims are cropping up among younger veterans. The Veteran inVA sleep apnea claim #2 did it right by using lay, and medical evidence, together. If youre dealing with sleep apnea as a secondary condition to PTSD, you arent alone! Thats the original copyright date, Marcus; the ebook version in the bookstore is the 2nd edition, updated in 2016. 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 (The VA had already conceded the rape occurred as part of another part of this Veterans claim). By law, there are three evidentiary elements that must be satisfied for sleep apnea secondary conditions to prove secondary service connection: The first part can be satisfied with any existing medical evidence service treatment records, VA medical records, or any private medical records, assuming you do have a diagnosis of sleep apnea. * About 2 years after her discharge, she began having sleeping problems. 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. 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. 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.. Sleep apnea is a common condition that affects about22 million people nationwide. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 This can occur from ten times to hundreds of times per night. The nature of the diagnosis of sleep apnea narrows the in-service events that we focus on for nexus purposes. I just recently order the VA SLEEP APNEA FIELD MANUAL, I wonder if it is current its dated 2014. Obesity greatly increases the risk of obstructive sleep apnea, due to excessive weight constricting the airway. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Veterans NEED Information and Education to Improve their VA Sleep Apnea Appeals. The Veteran inVA sleep apnea claim #2 included the statement of the veterans wife describing the symptoms of sleep apnea from service discharge to diagnosis. PTSDand the side effects of medications taken to address PTSDcan lead to the development of sleep apnea in a few different ways. The team at Hill & Ponton may be able to assist you with a denial of benefits for sleep apnea. 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). In December 2007, he filed a claim to service connect Sleep Apnea, as secondary to service-connected PTSD. Research has shown that combat veterans with post-traumatic stress disorder, also known asPTSD, may be at higher risk for sleep apnea than the general population. 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 sleep-disordered breathing leads to poor sleep quality and is a risk factor for the poor quality of life. 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. (If you need an independent medical opinion in the VAs language, take a look at our VA Claims Insider Elite program. lamar high school football state champions,