Before or in addition to CPAP therapy, lifestyle changes such as diet, exercise, and stress reduction may be recommended. Sleep Apnea Denial : r/Veterans - Reddit 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 likely your doctor will need to order a sleep study to determine if you have sleep apnea. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. What DOES Drive the VA Sleep Apnea Claim? Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 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. The VA refers to mixed sleep apnea as a combination of the obstructive and central forms of the condition. Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. 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. You're not alone. In an April 2014 report, a VA examiner opined that Ms. Walsh's sleep apnea was "likely due to her 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. As youve seen, claims for obstructive sleep apnea can be trickyyet important to pursue if youre suffering from this disability, so you can get the benefits you deserve and care you need. Learn more about us, Veterans Disability Claim we represent clients nationwide. 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. The denial of disability claims for unconfirmed, undiagnosed sleep apnea is a regular occurrence for the VA. There are cases in which your VA rating for sleep apnea would not be re-evaluated. 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. How VA Diagnoses Sleep Apnea in Veterans. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Get the real info veterans need to file successfully for sleep apnea disability benefits. VA Sleep Apnea Claim - Deniedagain : r/Veterans - Reddit 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. Aug 11, 2021 #1 I was recently denied my claim for sleep apnea. Did the VA Benefit of the Doubt Rule just disappear? San Jose, CA: 2880 Zanker Road, Ste. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 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. Do I need a nexus letter for sleep apnea? As a veteran, youre four times more likely than other Americans to develop sleep apnea. Obstructive Sleep Apnea: aka,OSA, is a type of sleep apnea that occurs when your airway is blocked or obstructed. Its free to join and we dont win unless you win.). Our team of skilled attorneys has experience handling veterans' disability claims for Sleep Apnea, Insomnia, and more. This field is for validation purposes and should be left unchanged. In our opinion, the only time a veteran should pursue direct service connection for sleep apnea is if you had a sleep study performed while on active duty, which confirmed the presence of a sleep apnea condition (medically diagnosed) during active-duty service. Sleep Apnea Denial Looking for some direction from people that have received rating for sleep apnea. 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). A VA claim for sleep apnea can be denied for many reasons. I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. It also connects you with vetted medical professionals in our independent referral network for medical examinations and credible medical nexus letters. 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. 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. 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. Research shows a strong correlation between deployments and sleep disorders, and sleep apnea is extremely common among veterans. Claire Szewczyk is a Digital Content Coordinator for Hill & Ponton, PA in Florida. 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. 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. A doctors diagnosis will be one of the keys to getting a sleep apnea VA rating. We answer your questions about VA claims for sleep apnea compensation. 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. VA Sleep Apnea Claim #1: This Veteran served in Iraq and Kuwait in 2003 to 2004. Diagnosing 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). * Sleep Apnea is NOT a disease of the obese: just about any neurological condition, or any interference (physical or neurological) with the body's airway can - and will - cause some form of sleep apnea over time * 3 out of every 4 Veterans who file a claim for Sleep Apnea are denied by the VA Regional Office or the Board of Veterans Appeals. Save my name, email, and website in this browser for the next time I comment. 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. Conditions like COPD (due to asbestos. Physicians will treat sleep apnea depending on the type and severity of the condition. No current sleep study within the last 12 months, #2. Citation Nr: 21055584 Decision Date: 09/08/21 Archive Date: 09/08/21 DOCKET NO. Bottom Line: Understanding YOUR VA Sleep Apnea diagnosis Drives YOUR Claim. A private physician note indicates that prior to deployment to Iraq, the Veteran had no symptoms of, or treatment for, sleep apnea. book: Put it to Rest: Your VA Sleep Apnea Claim. This is rare, because most veterans dont realize they have sleep apnea until after theyve left military service. 5 Star Evidence is KEY to a VA sleep apnea disability claim. Why? How to Hire an Attorney For Your VA Claim or Appeal. The most common symptoms include: There are a multitude of potential causes of sleep apnea in adults, but in veterans specifically, the causes could include: To confirm a diagnosis of sleep apnea, a sleep study must be given to show that you are experiencing breathing problems, and other sleep disorders and health problems have been ruled out. 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. are still among the most common treatments. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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. It is, at its core, an interruption of the communication network between the brain and the breathing muscles. 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. Lay Statements are important! study conducted by the VA Healthcare System for San Diego and National Center for PTSD. At its core, Complex, or mixed, Sleep Apnea is a type of sleep apnea with mixed causes. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! The doctortold her that the genioglossus muscle the muscle that connects the tongue to the jawbone was substantially weakened and causing her tongue to fall backward while sleeping, blocking the airway. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 If your obstructive sleep apnea VA claim, or other sleep apnea claim, was originally denied, you may be able to appeal the rating and receive VA disability compensation. The Office of the Inspector General found that 1.3 million veterans enrolled in VA Healthcare have a sleep apnea diagnosis. * The 5Reasons that 76% of VA Sleep Apnea claims are denied and how to fix the problem in YOUR case. If youre claiming sleep apnea as a secondary condition, make sure you already have a medical diagnosis before you make your claim. He regularly writes about issues that are important to veterans and their families. Why would a VA claim be denied Sleep Apnea? Since 2009, the number of veterans claims for sleep apnea has increased by over 150%, according to USA Today. In April 2004, he wastreated after his military service ended for fatigue and insomnia. 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. Sleep Apnea Secondary Connection to PTSD VA Disability Learn how your comment data is processed. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, no evidence of service connection for her Sleep Apnea. You must have a medical statement from a doctor detailing how your sleep apnea is service-connected. These machines create airway pressure to help the individual breathe throughout the night.
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