sleep apnea va claim denied

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. 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. 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. Get service-connected, get compensated and get the care you need! If you continue to use this site we will assume that you are happy with it. * Any damage to your nose, face, mouth, throat, neck, chest, or diaphragm can cause the airway to be obstructed, or the airflow to be limited. In fact, even if the Veteran inVA sleep apnea claim #2 had not had a private medical opinion, that lay evidence would have completely undercut the VA C&P examin that claimbecause that VA C&P opinion did NOT consider the lay statements of the ongoing and chronic symptoms of sleep apnea from discharge to diagnosis. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 I submitted my claim and tried to Link my Sleep Apnea to my PTSD. * 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. There are many factors during and after service that make veterans vulnerable to this condition. High Blood Pressure Secondary to Obstructive Sleep Apnea: What Veterans Should Know Are you suffering from obstructive sleep apnea syndrome and hypertension? However, VA has not identified literature to support inclusion of sleep apnea as a presumption at this time. Sleep apnea and secondary service connection. Sleep apnea is rated under 38 CFR 4.97, diagnostic code 6847 Sleep Apnea Syndromes (Obstructive, Central Mixed). VA is currently reviewing the other disabilities reviewed by NASEM in the 2020 report for consideration for potential presumptive service connection. Required fields are marked *. List of the Top 5 Secondary Conditions to PTSD. Click the button below to get more information. Both anxiety and depression can also be linked to sleep apnea. A C&P exam and a sleep apnea diagnosis are crucial to qualifying for the upper tiers of compensation. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Sleep apnea can be aggravated by PTSD (secondary to PTSD), also an extremely common disorder for veterans. In VA sleep apnea claims, medical opinion evidence is the rifle, and lay evidence is the bullet. As an aside, there is a fourth type of sleep apnea that has popped up lately in the medical world: idiopathic sleep apnea. Todays post is about 2 veterans at the BVA, both with very similar VA sleep apnea claims. Since you have already received a denial then you would have to submit a supplemental claim with new evidence and new ARGUMENTS. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! "Among veterans with PTSD, sleep disturbances are nearly universal. 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. Both disorders have risk factors that affect both sleep apnea and symptoms of PTSD, and the conditions can aggravate each other. The first step we like to suggest (aside from starting with VA Form 21-526EZ) is to get a medical opinion from your doctor when it comes to proving a sleep apnea claim. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! This is called a split-night sleep study. A VA C&P exam from February 2012 concluding the veterans sleep apnea was less likely than not related to military service, on multiple legal theories. caused or made worse by your active duty military service OR. What is the current VA rating for sleep apnea? Your sleep apnea rating will compensate you based on your conditions severity. No proof of service connection (missing a nexus letter) 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. Veterans that obtain a VA sleep apnea rating can regularly also service-connect strokes. The hard copy, if you would like to get that, is also the second editionyou can get the hard copy by clicking here. No current sleep study within the last 12 months, #2. How to Get a 100 Percent VA Rating (if deserved)! 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. I applied for sleep apnea secondary PTSD about a year ago. How to Hire an Attorney For Your VA Claim or Appeal. Sometimes the VA will schedule re-examinations to determine if there has been an improvement with a veterans sleep apnea has improved. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. The Veteran inVA sleep apnea claim #2 did it right by using lay, and medical evidence, together. What happens during a C&P exam for sleep apnea? #1: Air is pulled in through the nasal passages. Sleep apnea is a serious sleep disorder in which breathing is briefly and repeatedly interrupted during sleep. 30 percent disability rating: $508.05 per month. Posted May 20, 2022 (edited) 1. 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. * The 5 Reasons that 76% of VA Sleep Apnea claims are denied - and how to fix the problem in YOUR case. The three most common conditions resulting in a secondary service connection for sleep apnea and therefore a are: Research shows that combat veterans with PTSD may be at higher risk for sleep apnea than the general population. 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. 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. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). As a veteran, youre four times more likely than other Americans to develop sleep apnea. Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. VA Claims insider is an education-based coaching/consulting company. The most documented VA percentages for sleep apnea are as follows: 0% Sleep apnea with documented sleep disorder breathing that is currently asymptomatic. Spouse; Family Members; Friends; Colleagues; Other Service . A polysomnogram is a sleep study in which medical devices are used to monitor a persons breathing, heart rate, and the electrical activity of their brain waves while they sleep. 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. Its this simple. You're not alone. Which primary disabilities make the best claims for secondary service connection of sleep apnea? 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. 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. * The 5Reasons that 76% of VA Sleep Apnea claims are denied and how to fix the problem in YOUR case. Contact Us 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). Sleep apnea also ranks #2 on our List of the Top 5 Secondary Conditions to PTSD. You DESERVE a HIGHER VA rating.WE CAN HELP. 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! sleep apnea secondary connection with PTSD, Denied for Benefits? 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. This Veteran served in Iraq and Kuwait in 2003 to 2004. According to the VA, 1 in 5 veterans has obstructive sleep apnea. 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. Since 2009, the number of veterans claims for sleep apnea has increased by over 150%, according to USA Today. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Was it inhaling the air around the Burn Pits? This is rare, because most veterans dont realize they have sleep apnea until after theyve left military service. There isnt a single rating for sleep apnea, but a range of ratings depending on the severity of your condition (as is true for other disability ratings). 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. Anxiety and depression can interfere with sleep patterns. It was what the lay evidence DID that made all the difference in these two VA sleep apnea claims. All Rights Reserved. Now, it wasnt just the mere existence of lay evidence of sleep apnea symptomatology from service discharge to diagnosis that made the difference. 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. 24% of those Veterans Sleep Apnea appeals were Granted. The Secretary of Veterans Affairs ("Secretary") filed a brief in this case on December 19, 2019 ("Sec. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! We answer your questions about VA claims for sleep apnea compensation. The VA Regional Office denied his claim. Do you take naps? Conditions like COPD (due to asbestos or particulate exposure in burn pits, for example), blocks the air path at the point where the lungs move oxygen into the blood stream. Can the VA take away my sleep apnea rating? By the way, these examples come directly from 2 actual BVA decisions. If your Obstructive Sleep Apnea was caused by damage to your throat focus on the in-service events that caused that damage. The VA Regional Office denied his claim. If the first half of the nights results confirm you have sleep apnea, the second half of the night will utilize the PAP device to prepare you for ongoing treatment. 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. 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. (The Insiders Guide). VA Sleep Apnea claim denied I recently received word back from the VA that my sleep apnea claim was denied. Note: Millions of Philips CPAP Machines have been recalled due to toxic chemical seeping into mask and unknowingly being inhaled by sleep apnea patients. It was denied. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. What kind of CPAP machine does the VA use? Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. 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 symptoms have disappeared or are not severe enough to cause any issues. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. It also connects you with vetted medical professionals in our independent referral network for medical examinations and credible medical nexus letters. Not surprisingly, the VA Regional Office denied the claim in June 2008. Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. Claire Szewczyk is a Digital Content Coordinator for Hill & Ponton, PA in Florida. You must have a medical statement from a doctor detailing how your sleep apnea is service-connected. Weve supported more than 15,000 veterans to win their claims. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 A private physician note indicates that prior to deployment to Iraq, the Veteran had no symptoms of, or treatment for, sleep apnea. The VA will usually order a sleep study to be performed in order to confirm a current diagnosis of sleep apnea. Before or in addition to CPAP therapy, lifestyle changes such as diet, exercise, and stress reduction may be recommended. This is especially relevant for veterans diagnosed with sleep apnea long after leaving the military. The resulting reduction in sleep quality and in the bodys supply of oxygen can have serious consequences on health and quality of life. It is, at its core, an interruption of the communication network between the brain and the breathing muscles. 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. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). This may be even easier for you now because of a new VA new rule as of August 2, 2021. In December 2007, he filed a claim to service connect Sleep Apnea, as secondary to service-connected PTSD. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Do you feel tired or sleepy during the day? 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. 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. Our firm was founded in 1986 in Orlando, Florida. this was in Sept last year, fast forward to now, and as i suspected my sleep apnea was denied connection to my PTSD. PTSD is well-known for causing sleep deprivation, chronic stress, and an increase in body mass or obesity due to prescribed medications. 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. This can occur from ten times to hundreds of times per night. A VA claim for sleep apnea can be denied for many reasons. These machines create airway pressure to help the individual breathe throughout the night. Even if you have a medical diagnosis during active-duty service, without a sleep study this is difficult to claim successfully. 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. 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. The statements of the veterans wife in sleep apnea claim #2, while not at all competent to show the causeof the sleep apnea, or its medical relation to sleep apnea, did show that the sleep apnea symptoms had existed from service to diagnosis. 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. Im not going to talk about it much here because Im not seeing it in VA claims and appeals just yet. The Office of the Inspector General found that 1.3 million veterans enrolled in VA Healthcare have a sleep apnea diagnosis. Check out our Philips CPAP Recall page here! book: Put it to Rest: Your VA Sleep Apnea Claim. Typically, sleep apnea symptoms are at their worst during REM Sleep due to the bodys naturally-occurring reduced muscle tone in the bodys airway. 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! Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. 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. Evidence. 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. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. The team at Hill & Ponton may be able to assist you with a denial of benefits for sleep apnea. This can range from CPAP therapy, lifestyle changes such as diet, exercise, and others. 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. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Also see our post on receiving a VA rating for sleep apnea secondary to PTSD. In a study of veterans, PTSD symptom severity increased the risk of screening positive for OSA. While appellate litigation proceeded, the veteran underwent a VA sleep study, which diagnosed mild obstructive 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. Camp Lejeune Lawsuit. Your email address will not be published. We can helpreach out so we can show you how. Even if youve been denied before, its not too late! Denied again. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Thousands of other Veterans in our Community are here for you. This guide will outline the basics of sleep apnea, how the VA disability rating works for this condition, and how qualifying veterans can prove direct service connection as well as sleep apnea as a secondary service connected condition to PTSD. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. How to Hire an Attorney For Your VA Claim or Appeal. 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.

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