This is especially relevant for veterans diagnosed with sleep apnea long after leaving the military. Br."). 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. The VA awards disability ratings for sleep apnea at the 0 percent, 30 percent, 50 percent, and 100 percent levels. We are sorry that this post was not as useful for you! How does this help you in YOUR VA Sleep Apnea Claims? 0%: Indicates that the claimant is largely asymptomatic but does show documented sleep apnea. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Our team of skilled attorneys has experience handling veterans' disability claims for Sleep Apnea, Insomnia, and more. Sleep apnea is a serious sleep disorder in which breathing is briefly and repeatedly interrupted during sleep. We answer your questions about VA claims for sleep apnea compensation. Is a CPAP machine the only treatment for sleep apnea? As a fellow disabled Veteran this is shameful and Im on a mission to change it. * The 5 Reasons that 76% of VA Sleep Apnea claims are denied - and how to fix the problem in YOUR case. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 You see, somewhere out there the general thinking generally wrong thinking has become that you need a sleep study in the military to prove that your current diagnosis of sleep apnea is related to your military service. 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. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! What DOES Drive the VA Sleep Apnea Claim? VA regional office denied the claims and she appealed. 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. Sleep apnea can be service-connected in two ways: either direct service connection or secondary service connection. 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. How to Get a 100 Percent VA Rating (if deserved)! Required fields are marked *. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. He had traditional sleep apnea symptoms, and was diagnosed with sleep apnea in January 2007. 30 percent disability rating: $508.05 per month. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. Lay Statements are important! Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Why would a VA claim be denied 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). Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. San Jose, CA: 2880 Zanker Road, Ste. 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! This field is for validation purposes and should be left unchanged. 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. (The VA had already conceded the rape occurred as part of another part of this Veterans claim). Just be mindful that a sleep apnea diagnosis isnt all about neck girth and obesity. 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. Claire Szewczyk is a Digital Content Coordinator for Hill & Ponton, PA in Florida. Record Before the Agency ("R.") at 4-12. At its core, Complex, or mixed, Sleep Apnea is a type of sleep apnea with mixed causes. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. NOW ITS YOUR TURN. Learn how your comment data is processed. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. 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). If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Sleep Apnea Denial Looking for some direction from people that have received rating for sleep apnea. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! All of these can contribute to sleep apnea. Your email address will not be published. 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. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Was it inhaling the air around the Burn Pits? Excessive daytime sleepiness is the most noticeable signal for those who live alone. Which primary disabilities make the best claims for secondary service connection of sleep apnea? This sleep-disordered breathing leads to poor sleep quality and is a risk factor for the poor quality of life. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. That means that 3 out of every 4 Veterans are spending years in the VA Hamster Wheel trying to prove their Sleep Apnea service connection claims and appeals! 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. 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. Even if you have a medical diagnosis during active-duty service, without a sleep study this is difficult to claim successfully. Many of them have been diagnosed with the condition many years after leaving active duty. The VA Regional Office denied his claim. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. He was diagnosed with sleep apnea in 2007, after his military service. In this case, there must be a medical nexus to link the sleep apnea to their already service-connected disability. Mr. Davis filed his initial brief on September 9, 2019 ("App. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). 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. If you have a breathing machine, you need to provide . The VA Regional Office denied his 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. 76% were Denied or Remanded for more evidence. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! 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. I applied for sleep apnea secondary PTSD about a year ago. Your sleep apnea rating will compensate you based on your conditions severity. The VA rates all cases individually, but usually follow a guide of qualifying conditions. You may also be asked to fill out what is called a Disability Benefits Questionnaire or a DBQ. 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 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. In order to help you with your secondary claim, we have put together this Insiders Guide! Not surprisingly, the VA Regional Office denied the claim in June 2008. Get the real info veterans need to file successfully for sleep apnea disability benefits. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. 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 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. 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. What is the current VA rating for sleep apnea? 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. 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). 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? claim of entitlement to service connection for sleep apnea. this was in Sept last year, fast forward to now, and as i suspected my sleep apnea was denied connection to my PTSD. The Secretary of Veterans Affairs ("Secretary") filed a brief in this case on December 19, 2019 ("Sec. I already have 70% for PTSD. 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. A 50% rating would be given if treatment was ineffective or you were unable to use therapies due to another condition. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Its likely your doctor will need to order a sleep study to determine if you have sleep apnea. 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. This means that a veteran has an already service-connected disability that caused the veteran to have sleep apnea. Because the medical research is slim to Why do so many veterans have sleep apnea? 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. Save my name, email, and website in this browser for the next time I comment. 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. You DESERVE a HIGHER VA rating.WE CAN HELP. Unfortunately, VA does not always apply the law correctly. Many veterans are diagnosed with obstructive sleep apnea, and thereforewith an effective claim that includes the right evidenceshould be eligible for a sleep apnea VA rating. The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. The same goes for depression and anxietyor any of the 33 mental health conditions rated by the VAwhich can be highly disruptive to sleep. (If you need an independent medical opinion in the VAs language, take a look at our VA Claims Insider Elite program. When he got to the BVA, the following evidence was in his C-File: Statements from the Veterans wife describing the sleep apnea symptomatologysince the Veteran returned from Iraq until his 2007 diagnosis. He was diagnosed with sleep apnea in 2007, after his military service. The polysomnography study records your brain waves, the oxygen levels in your blood, your heart rate and breathing, and eye and leg movements, among other criteria. Sleep Apnea is a potentially serious sleep disorder in which a persons breathing is repeatedly interrupted, or ceases, during the course of a nights sleep. 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.
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