Id like to tell you about their VA sleep apnea claims and show you why they had such different results. Camp Lejeune Lawsuit. First of all, lets explore a little about this common disability in veterans, so you understand the condition and why its important you pursue your claim and get the benefits you deserve. They are putting the cart before the horse. NOW ITS YOUR TURN. Unfortunately, VA does not always apply the law correctly. A VA claim for sleep apnea can be denied for many reasons. He was diagnosed with sleep apnea in 2007, after his 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. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. This sleep-disordered breathing leads to poor sleep quality and is a risk factor for the poor quality of life. This is the most common route of veterans' claims for sleep apnea. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, describing the sleep apnea symptomatology, opined that the Veterans Sleep Apnea was, at least as likely as not, related, lay evidence of sleep apnea symptomatology from service to diagnosis. In order to help you with your secondary claim, we have put together this Insiders Guide! If it has, there might be a rating reduction. Many of them have been diagnosed with the condition many years after leaving active duty. Your email address will not be published. If youre dealing with sleep apnea as a secondary condition to PTSD, you arent alone! Even if you have a medical diagnosis during active-duty service, without a sleep study this is difficult to claim successfully. 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Sleep apnea can be service-connected in two ways: either direct service connection or secondary service connection. I then applied for VA disability and received a 90% rating. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. The symptoms have disappeared or are not severe enough to cause any issues. These include: As youre gathering medical evidence to file your VA claim for sleep apnea, remember that just having a CPAP alone doesnt meet the VAs requirements for service connection. 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)so you can increase your rating faster! 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. Veteran Service-Connected Sleep Apnea Claims on the Rise An increasing number of sleep apnea claims are cropping up among younger veterans. Can the VA take away my sleep apnea rating? How VA Diagnoses Sleep Apnea in Veterans. 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. 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.. This is called a split-night sleep study. NOW ITS YOUR TURN. 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. Lesson learned:Lay Evidence is the Bullet, and Medical Evidence is the rifle. 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. In VA sleep apnea claims, medical opinion evidence is the rifle, and lay evidence is the bullet. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Denied Disability Claim for Sleep Apnea December 28, 2015 Jim, I retired in 2011 with 22 active duty yrs of service. 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. I submitted my claim and tried to Link my Sleep Apnea to my PTSD. Reasons Why The VA May Deny Your Sleep Apnea Claim Copyright 2023 VA Claims Insider, LLC. 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. 24% of those Veterans Sleep Apnea appeals were Granted. When youre granted a sleep apnea VA rating, you may also be assigned a re-evaluation period (unless the condition is classified as static). No current sleep study within the last 12 months #2. See our article Burn Pit Presumptive Conditions. Some doctors may have you fill out a questionnaire about your sleep habits. (The Insiders Guide). Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. 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. 3 Steps to Veteran Disability Benefits for Sleep Apnea, 6 Tips for Your C&P Exam for Sleep Apnea Secondary to PTSD, 3 Ways to Get a VA Rating for Insomnia (The Insiders Guide). Save my name, email, and website in this browser for the next time I comment. The denial of disability claims for unconfirmed, undiagnosed sleep apnea is a regular occurrence for the VA. Lets take a look at 2 VA Sleep ApneaClaims. The Veteran inVA sleep apnea claim #2 did it right by using lay, and medical evidence, together. It was denied. #1: Air is pulled in through the nasal passages. EXCELLENT INFO SIR AND I WILL USE IT IN MY CLAIM!!!!! While appellate litigation proceeded, the veteran underwent a VA sleep study, which diagnosed mild obstructive sleep apnea. Copyright 2023 VA Claims Insider, LLC. The nature of the diagnosis of sleep apnea narrows the in-service events that we focus on for nexus purposes. Your Sleep Apnea VA Rating A Guide to Getting a - VA Claims Insider Keeping a list of your symptoms and treatments can be beneficial evidence to submit. Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. Sleep Apnea denial - Veterans Benefits Network This can occur from ten times to hundreds of times per night. Since 2009, the number of veterans claims for sleep apnea has increased by over 150%, according to USA Today. 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. * The 5 Reasons that 76% of VA Sleep Apnea claims are denied - and how to fix the problem in YOUR case. A person must have a polysomnogram, either in a sleep lab or at home, in order to be diagnosed with sleep apnea. Typically, sleep apnea symptoms are at their worst during REM Sleep due to the bodys naturally-occurring reduced muscle tone in the bodys airway. If you continue to use this site we will assume that you are happy with it. 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. 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). Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. * About 2 years after her discharge, she began having sleeping problems. Some of the most common symptoms of sleep apnea include: People who suffer from sleep apnea are often unaware of the breathing disturbances, finding out about them from a bed partner or roommate. PTSD, may be at higher risk for sleep apnea than the general population. 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 awards disability ratings for sleep apnea at the 0 percent, 30 percent, 50 percent, and 100 percent levels. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! A disability with a secondary service connection is a condition that was caused or made worse by an already existing service-connected condition. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 This Veteran served in Iraq and Kuwait in 2003 to 2004. How to Get a 100 Percent VA Rating (if deserved)! Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! There are many factors during and after service that make veterans vulnerable to this condition. A VA claim for sleep apnea can be denied for many reasons. To learn more about how this works, check out my book: Put it to Rest: Your VA Sleep Apnea Claim. 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! As a fellow disabled Veteran this is shameful and Im on a mission to change it. A doctors diagnosis will be one of the keys to getting a sleep apnea VA 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).