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sleep apnea va claim denied

In our experience, a well-crafted nexus letter for sleep apnea is the single most crucial document you can provide to help prove service connection on an at least as likely as not basis. Court of Appeals for Veterans Claims (CAVC). Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. Take advantage of a FREE VA Claim Discovery Call. 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. He was diagnosed with sleep apnea in 2007, after his military service. 203, San Jose, CA 95134 A disability with a secondary service connection is a condition that was caused or made worse by an already existing service-connected condition. So if this proposed change for sleep apnea ratings goes through, its possible that veterans may start getting lowballed ratings. VA Sleep Apnea claim denied : r/VeteransBenefits - Reddit Claim Denied! Why Your SLEEP APNEA CLAIM Was Denied, and What You Can No proof of service connection (missing a nexus letter) The "Bridge Claim": How to use Obesity to Service Connect Obstructive 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. 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. Was your obstructive sleep apnea (OSA) VA claim denied? The Veteran appealed, and had his first Board hearing (a remand for further development) in December 2009. #3: It passes through the throat muscles, between the vocal chords, and enters your lungs. Since sleep apnea can correlate with conditions like heart disease and obesity, its important to seek treatment options. PTSD, may be at higher risk for sleep apnea than the general population. To be rated at 100 percent, you must experience chronic respiratory failure. VA Disability for Sleep Apnea: Proving Service Connection 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. If youve filed your VA disability claim and have been denied or have received a low rating, or youre not sure how to get started, reach out to us for a FREE VA Claim Discovery Callso you can FINALLY get the disability rating and compensation you deserve. VA Sleep Apnea Claim #1: This Veteran served in Iraq and Kuwait in 2003 to 2004. The VA awards disability ratings for sleep apnea at the 0 percent, 30 percent, 50 percent, and 100 percent levels. 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. A disability rating at any given percentage (e.g., 30%, 50%, 100%) pays based on that percentage, no matter what condition(s) gives you that rating. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. These would include situations in which: According to 38 CFR 3.105(e), a rating reduction (for any condition) may only take place in cases where: The VA is also required to issue a veteran notice of a proposed reduction and give you 60 days to submit evidence and 30 days to request a hearing (unless the reduction would not change your compensation). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Some doctors may have you fill out a questionnaire about your sleep habits. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. In VA sleep apnea claims, medical opinion evidence is the rifle, and lay evidence is the bullet. Sleep Apnea and How it Affects Your VA Disability Rating 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. This places a disabled veteran in the VA's Group 1 for treatment. The Secretary of Veterans Affairs ("Secretary") filed a brief in this case on December 19, 2019 ("Sec. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. 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. 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. These sleep disturbances can occur from tens to hundreds of times per night. * SSG Jones got out of the Army never had a sleep study done in the military after serving 2 tours in Iraq and 1 in Afghanistan. If your initial rating decision letter says that future examinations are scheduled, or you dont have a 100% permanent and total rating, then your disability rating is not considered permanent or static by the VA. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 Check out the VA Sleep Apnea Field Manual. The signs and symptoms of these three types of sleep apnea tend to overlap, sometimes making it difficult to determine which type a person has. I applied for sleep apnea secondary PTSD about a year ago. He was denied support connectio nitrogen for sleep apneas by the BVA, despite extensive proof of treatment for sleep apnea away 2007 - 2014, at VE medical facilities. 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. How does this help you in YOUR VA Sleep Apnea Claims? REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1952 to March 1954. * 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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. Sleep apnea can be service-connected in two ways: either direct service connection or secondary service connection. It was this evidence the lay observation of symptoms and limitations of sleep apnea from time of service to diagnosis which made the veterans private medical opinion so powerful inVA sleep apnea claim #2. How hard is it to get VA disability for sleep apnea? What happens during a C&P exam for sleep apnea? How does the diagnosis DRIVE your VA sleep apnea 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. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. Required fields are marked *. Sleep apnea can be aggravated by PTSD (secondary to PTSD), also an extremely common disorder for veterans. I submitted my claim and tried to Link my Sleep Apnea to my PTSD. This is called a split-night sleep study. Your final VA Disability Rating for Insomnia depends upon the Top 5 Reasons for Obstructive Sleep Apnea Claim Denials (Plus OSA Service Connection Tips), Steps and Strategies: How to Prove Service Connection for Sleep Apnea, Step #1: Get a NEW Sleep Study (within the past 12 months), Step #2: Obtain a medical diagnosis of sleep apnea from a sleep specialist, Step #3: Get a nexus letter for sleep apnea from a credible independent medical professional, Lack of Medical Evidence is the #1 Reason VA Claims are Denied, Step #4: Consider secondary service connection instead of direct service connection, Secondary Service Connection Requirements. Thousands of other Veterans in our Community are here for you. 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. 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. For now, these ratings are merely a proposal so stay tuned to this page while we update. If you have a breathing machine, you need to provide . (The VA had already conceded the rape occurred as part of another part of this Veterans claim). 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. In order to prove a secondary service connection, youll need three things: PTSD doesnt have to be the main cause of your sleep apnea, but it does have to be connected. 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. 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. yet assertive representation for our clients. Your email address will not be published. Your sleep apnea rating will compensate you based on your conditions severity. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 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). * About 2 years after her discharge, she began having sleeping problems. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Think about it this way: if you are diagnosed with severe hearing loss, then to win your hearing loss claim, you arent going to waste your time telling the VA about your knee injuries. Is Sleep Apnea Could Be a Service-Connected VA Disability? Both anxiety and depression can also be linked to sleep apnea. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. 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. Mr. Davis filed his initial brief on September 9, 2019 ("App. Some conditions that can be secondary to sleep apnea may include but are not limited to: If you have a service-connected condition that you believe is causing your sleep apnea, it may be a good idea to start to talk to your doctors about it. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. * The 5Reasons that 76% of VA Sleep Apnea claims are denied and how to fix the problem in YOUR case. The violence of the rape caused a lot of damage to her jaw, back and neck muscles, including breaking her jaw. VA Claims insider is an education-based coaching/consulting company. Obstructive sleep apnea (OSA) is one of the more common types of sleep apnea, which occurs when the upper airway repeatedly becomes blocked throughout the night. This can occur from ten times to hundreds of times per night. claim of entitlement to service connection for sleep apnea. Its this simple. Sometimes the VA will schedule re-examinations to determine if there has been an improvement with a veterans sleep apnea has improved. 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. 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. or particulate exposure in burn pits, for example), blocks the air path at the point where the lungs move oxygen into the blood stream. Also make sure to seek the care you need to get relief from the effect of sleep apnea on your health and life. Although the VA diagnosed me with sleep apnea, they stated that they did not have enough evidence to tie my diagnosis with events I experienced during my deployment. No current medical diagnosis (within the last 12 months), or improper diagnosis #3. Denied again. 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. 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. 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. Obstructive sleep apnea can cause daytime sleepiness, snoring, depression, difficulties with concentration, and loss of memory. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2016 - VeteransLawBlog.org - All Rights Reserved | Terms & Conditions | Legal Disclaimer, The Veterans Law Blog is NOT a law firm. Turns out, SSG Jones was raped in the Army a very violent rape by a Senior NCO in her unit. See our tips on how to obtain a credible nexus letter, Both sinusitis and rhinitis are linked to sleep apnea, Emerging research indicates a strong association between PTSD and sleep apnea, You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Disrupted breathing in which a persons respiration can become labored or even stop for up to a minute at a time, Limited attention span or difficulty thinking clearly, Snoring, including snoring that is especially loud and involves gasping, choking, or snorting that may cause a person to briefly wake up, #1. Both disorders have risk factors that affect both sleep apnea and symptoms of PTSD, and the conditions can aggravate each other. Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! may be at higher risk for sleep apnea than the general population. Also see our post What is a Service-Connected Disability? This blockage is caused when the back throat muscles relax, impairing the airflow. 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. There are many factors during and after service that make veterans vulnerable to this condition. 24% of those Veterans Sleep Apnea appeals were Granted. 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? The VA Regional Office denied his claim. 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. 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! At VA Claims Insider, we can help you win your claim and get the highest VA rating for sleep apnea. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. 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. By doing so, you necessarily figure out which in-service events are most important to tie to it for purposes of establishing the element of nexus in a service connection claim. Top 5 Questions about Sleep Apnea VA Claims - Disability Denials These Veterans Sleep Apnea Appeals Stats Will Shock You! How to Claim Sleep Apnea Secondary to PTSD - Rep for Vets Todays post is about 2 veterans at the BVA, both with very similar VA sleep apnea claims. The VA refers to mixed sleep apnea as a combination of the obstructive and central forms of the condition. Lay Statements are important! Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Sleep Apnea Denial : r/Veterans - Reddit The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both. By covering all the bases in your sleep apnea VA claim processhaving your sleep apnea diagnosed with a sleep study and connecting your sleep apnea to a service-connected condition with medical evidenceyoull set yourself up for success to get a service-connected VA rating for sleep apnea. An obstruction or a problem anywhere along that path of air, can cause Obstructive Sleep Apnea. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 In an April 2014 report, a VA examiner opined that Ms. Walsh's sleep apnea was "likely due to her Learn more about us, Veterans Disability Claim Thats the original copyright date, Marcus; the ebook version in the bookstore is the 2nd edition, updated in 2016. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. We are sorry that this post was not as useful for you! Sleep apnea is one of the most common conditions veterans want to file a VA disability claim for. Its an essential piece of evidence. study conducted by the VA Healthcare System for San Diego and National Center for PTSD. The condition is given a serious VA disability rating . Obstructive sleep apnea is estimated to affect between 2-9% of adults (about 15 million Americans) but is believed to be frequently undiagnosed. They denied my Sleep Apnea when I originally applied for disability on the grounds that there was no complaints or history of sleep apnea in my military records. Asymptomatic sleep apnea would not be compensated under the tentative regulation. 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. Lets take an actual veterans sleep apnea claim (Ive disguised this veterans identity because this is a true story). Posted May 20, 2022 (edited) 1. 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. Sleep apnea is a serious sleep disorder in which breathing is briefly and repeatedly interrupted during sleep. This includes having a sleep study done, a buddy letter from your spouse, and medical records from your doctor about your symptoms. If your Obstructive Sleep Apnea was caused by damage to your throat focus on the in-service events that caused that damage. Do you currently smoke, or have you smoked in the past? Example: How a Sleep Apnea Diagnosis Drives the VA Sleep Apnea claim. 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. If a doctor thinks its highly likely you have sleep apnea, the sleep study may also involve a positive air pressure (PAP) device. Once you understand the diagnosis and what doctors call the etiology or origin of your condition, proving service connection of sleep apnea is often a much easier path. Type II Diabetes & Sleep Apnea Sleep apnea is a common condition that affects about22 million people nationwide. We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! sleep apnea secondary connection with PTSD, Denied for Benefits? Why would a VA claim be denied Sleep Apnea? Phone. 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. Its free to join and we dont win unless you win.). Traumatic brain injury and physical pain are also conditions that affect many veterans and can lead to sleep apnea. In December 2007, he filed a claim to service connect Sleep Apnea, as secondary to service-connected PTSD. Recently, it has been widely accepted by the, According to theNational Sleep Foundation, insomnia is a chronic sleep disorder, characterized by complaints of unsatisfactory sleep, despite having ample opportunity to sleep. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Some veterans with sleep apnea may experience improvement with lifestyle changes, but CPAP therapy is still among the most common treatments. Get the real info veterans need to file successfully for sleep apnea disability benefits. Spouse; Family Members; Friends; Colleagues; Other Service . When he got to the BVA the following evidence was in his C-File: Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Veteran Service-Connected Sleep Apnea Claims on the Rise An increasing number of sleep apnea claims are cropping up among younger veterans. A VA C&P exam concluding that sleep apnea was "less likely than not" related to military service. Research shows a strong correlation between deployments and sleep disorders, and sleep apnea is extremely common among veterans. The same goes for depression and anxietyor any of the 33 mental health conditions rated by the VAwhich can be highly disruptive to sleep. Does Sleep Apnea Qualify as a VA Disability? 2022 Ratings It was denied. Why do so many veterans have sleep apnea? 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. This is rare, because most veterans dont realize they have sleep apnea until after theyve left military service. The most common VA rating for sleep apnea is 50 percent. Your email address will not be published. For all about getting a VA rating for sleep apnea, see our post Your Sleep Apnea VA Rating A Guide to Getting a VA Disability Rating for Sleep Apnea.

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