sleep apnea va claim denied sleep apnea va claim denied
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. The major causes appear to be sleep deprivation and chronic stress. 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. How does this help you in YOUR VA Sleep Apnea Claims? The most trusted name in education-based resources for Veterans. A C&P exam and a sleep apnea diagnosis are crucial to qualifying for the upper tiers of compensation. 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. Diagnosing Sleep Apnea 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. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! 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! Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider It is, at its core, an interruption of the communication network between the brain and the breathing muscles. 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. Making the Sausage: Heres what you need to know about new VA Claims regulations. 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. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 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! Also see our post on receiving a VA rating for sleep apnea secondary to PTSD. PTSD, may be at higher risk for sleep apnea than the general population. 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. Posted May 20, 2022 (edited) 1. NOW ITS YOUR TURN. Take advantage of a FREE VA Claim Discovery Call. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. The symptoms have disappeared or are not severe enough to cause any issues. Symptoms of Sleep Apnea Loud snoring Gasping for air during sleep Awakening with a dry mouth Morning headache Hypersomnolence, or excessive daytime sleepiness Difficulty concentrating Oftentimes, the symptoms of the three types of sleep apnea can overlap, making diagnosis more difficult. Lets take an actual veterans sleep apnea claim (Ive disguised this veterans identity because this is a true story). Learn how your comment data is processed. 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! What DOES Drive the VA Sleep Apnea Claim? If your Obstructive Sleep Apnea was caused by damage to your throat focus on the in-service events that caused that damage. Sleep apnea is a common condition that affects about22 million people nationwide. Top 5 Questions about Sleep Apnea VA Claims - Disability Denials Bringing someone with you to the appointment may also be useful. Since sleep apnea can correlate with conditions like heart disease and obesity, its important to seek treatment options. Physicians will treat sleep apnea depending on the type and severity of the condition. 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. Medical evidence and documented medical records from a VAC&P exam will be necessary for the process of filing your claim and could even reveal other secondary conditions. Yes, sleep apnea can be service-connectedand will need to be service-connected in order for you to get a disability rating for sleep apnea. 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. VA Claims insider is an education-based coaching/consulting company. Veterans NEED Information and Education to Improve their VA Sleep Apnea Appeals. 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. See our article Burn Pit Presumptive Conditions. * About 2 years after her discharge, she began having sleeping problems. 6 People Who Can Write a VA Playing Statement. Sleep Apnea as secondary to PTSD Denied - Denial Letters - VA 1.3 million veterans enrolled in VA Healthcare have a sleep apnea diagnosis, With over 50 conditions that can be medically linked to sleep apnea. The DBQ allows an examiner at a C&P exam to check boxes next to descriptions that best express how your sleep apnea is affecting you. As a veteran, youre four times more likely than other Americans to develop sleep apnea. However, VA has not identified literature to support inclusion of sleep apnea as a presumption at this time. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). 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. Sleep Apnea VA Claim: What is the VA Disability Rating 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. His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. 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. Obstructive sleep apnea can cause daytime sleepiness, snoring, depression, difficulties with concentration, and loss of memory. What Drives YOUR VA Sleep Apnea Claim? - Veterans Law Blog This is especially relevant for veterans diagnosed with sleep apnea long after leaving the military. A polysomnogram at a sleep center might be preferred if you have heart or lung disease, risk factors for central sleep apnea or a history of other sleep disorders. Why did 2 nearly identical VA sleep apnea claims have such different 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. Sleep Apnea: VA Disability Ratings and Benefits | CCK Law To learn more about how this works, check out my book: Put it to Rest: Your VA Sleep Apnea Claim. A nexus letter is often the missing link in a VA claim. So if this proposed change for sleep apnea ratings goes through, its possible that veterans may start getting lowballed ratings. Your Sleep Apnea VA Rating A Guide to Getting a - VA Claims Insider A study conducted by the VA Healthcare System for San Diego and National Center for PTSD found that between 40 percent and 98 percent (!) Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. Turns out, SSG Jones was raped in the Army a very violent rape by a Senior NCO in her unit. It is essential that you document symptoms and evidence to submit. Citation Nr: 21055584 Decision Date: 09/08/21 Archive Date: 09/08/21 DOCKET NO. Im not going to talk about it much here because Im not seeing it in VA claims and appeals just yet. VA Sleep Apnea claim denied : r/VeteransBenefits - Reddit As an aside, there is a fourth type of sleep apnea that has popped up lately in the medical world: idiopathic sleep apnea. A private physician note indicates that prior to deployment to Iraq, the Veteran had no symptoms of, or treatment for, sleep apnea. 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. Since you have already received a denial then you would have to submit a supplemental claim with new evidence and new ARGUMENTS. A doctors diagnosis will be one of the keys to getting a sleep apnea VA rating. 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. NOW ITS YOUR TURN. 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. Essential Keys to Winning Your Sleep Apnea VA Benefits Claim Sleep apnea VA disability claims account for nearly 1 in 4 respiratory claims. Even if youve been denied before, its not too late! 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. are still among the most common treatments. What is the current VA rating for sleep apnea? we represent clients nationwide. EXCELLENT INFO SIR AND I WILL USE IT IN MY CLAIM!!!!! I submitted a supplemental claim adding some articles and VA reviews showing correlation with PTSD. The VA Regional Office denied his claim. 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. Was it the blow to the throat when you were thrown against the side of the Hum-vee in that mortar attack? 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. Since 2009, veterans' claims for sleep apnea have increased 150%, more than 94% of these coming from veterans of Gulf War I or the Iraq and Afghanistan wars. Your sleep apnea rating will compensate you based on your conditions severity. The medical examination may seem like extra hard work but could qualify that veteran for additional monthly compensation. Denied Disability Claim for Sleep Apnea December 28, 2015 Jim, I retired in 2011 with 22 active duty yrs of service. The denial of disability claims for unconfirmed, undiagnosed sleep apnea is a regular occurrence for the VA. The BVA is saying that there was no lay evidence (or medical evidence for that matter) from service to diagnosis of the veterans sleep apnea. 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. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1952 to March 1954. United States Court of Appeals for Veterans Claims You wouldnt necessarily focus on proving the same in-service events if you were diagnosed with central sleep apnea, though. Sleep apnea is extremely common among veterans, as the disorder is frequently caused or exacerbated by time in service. Camp Lejeune Lawsuit. Was your obstructive sleep apnea (OSA) VA claim denied? She has also spent several years working with the Department of Veterans Affairs audiology programs in Salt Lake City, UT and Pocatello, ID. These Veterans Sleep Apnea Appeals Stats Will Shock You! This book is a must-read: I wrote it after talking to several doctors, hundreds of veterans who were denied sleep apnea in their VA disability claim, and after reading hundreds if not thousands of BVA and Court Decisions about Sleep Apnea. Todays post is about 2 veterans at the BVA, both with very similar VA sleep apnea claims. 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. a medical nexus or link that shows the veterans sleep apnea is related to their in-service event, injury/illness. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. study conducted by the VA Healthcare System for San Diego and National Center for PTSD. Now, it wasnt just the mere existence of lay evidence of sleep apnea symptomatology from service discharge to diagnosis that made the difference. The Veteran appealed, and had his first Board hearing (a remand for further development) in December 2009. Sleep apnea is a serious sleep disorder in which breathing is briefly and repeatedly interrupted during sleep. 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. When he got to the BVA the following evidence was in his C-File: A VA C&P exam concluding that sleep apnea was less likely than not related to military service. Save my name, email, and website in this browser for the next time I comment. Sleep apnea can make it hard for your brain to regulate blood flows in your arteries and in the brain itself. He regularly writes about issues that are important to veterans and their families. Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. 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. However there are several rules that must be followed in order for this to occur: If the VA does propose a reduction of rating, then the veteran can submit an argument against it. 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 most common VA rating for sleep apnea is 50 percent. 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. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). Aug 11, 2021 #1 I was recently denied my claim for sleep apnea. Get the real info veterans need to file successfully for sleep apnea disability benefits. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 203, San Jose, CA 95134 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! How do I prove VA disability for sleep apnea? or particulate exposure in burn pits, for example), blocks the air path at the point where the lungs move oxygen into the blood stream. Under the current rating schedule, VA issues ratings at 0, 30, 50, 100 percent for sleep apnea even if treatments are somewhat effective in dealing with the condition. The VA refers to mixed sleep apnea as a combination of the obstructive and central forms of the condition. Lets look a little deeper at OSA for a minute Obstructive Sleep Apnea is by far the most common type of Sleep Apnea that affects veterans. 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. 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. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Many of them have been diagnosed with the condition many years after leaving active duty. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 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. Research shows a strong correlation between deployments and sleep disorders, and sleep apnea is extremely common among veterans. 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. 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). How to Hire an Attorney For Your VA Claim or Appeal. 30 percent disability rating: $508.05 per month. Sleep apnea treatment depends on the type and severity of the condition. 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. (The Insiders Guide). 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? In April 2004, he wastreated after his military service ended for fatigue and insomnia. The violence of the rape caused a lot of damage to her jaw, back and neck muscles, including breaking her jaw. Being honest and thorough is important so everything can be properly documented. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. I hope this post can give you some insight into how to improve your VA sleep apnea claims. Unfortunately, VA does not always apply the law correctly. 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. A credible nexus letter fulfills one of the requirements for secondary service connection for sleep apnea: medical nexus evidence establishing a connection between the service-connected disability and the current disability (sleep apnea). 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. 0%: Indicates that the claimant is largely asymptomatic but does show documented sleep apnea. All Rights Reserved. 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. The most common reason for denial of secondary claims is not establishing a strong enough connection between the service-connected disability and the sleep apnea. Record Before the Agency ("R.") at 4-12. 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. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Loved ones like family or close friends could also be a good help in sharing how your sleep has changed. 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. 40 percent disability rating: $731.86 per month. Is a CPAP machine the only treatment for sleep apnea? The VA prescribes several different types of CPAP machines. What made the difference was that the veteran inVA sleep apnea claim #1 lacked ANY lay evidence of sleep apnea symptomatology from service to diagnosis. This may be even easier for you now because of a new VA new rule as of August 2, 2021. Making the Sausage: Heres what you need to know about new VA Claims regulations. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. sleep apnea secondary connection with PTSD, Denied for Benefits? This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. 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. 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. Weve supported more than 15,000 veterans to win their claims. San Jose, CA: 2880 Zanker Road, Ste. 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. So she went back to her doctor she knew the diagnosis drives the Sleep Apnea Claim to understand HER diagnosis better. Why would a VA claim for sleep apnea be denied? The Department denies these claims because they do not have sufficient evidence to conclusively say that a Veteran is suffering from sleep apnea without a diagnosis, even if the Veteran exhibits the symptoms of the disorder. www.va.gov People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 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. 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. Denied again. The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both. Obstructive Sleep Apnea: aka,OSA, is a type of sleep apnea that occurs when your airway is blocked or obstructed. caused or made worse by your active duty military service OR. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Do you feel tired or sleepy during the day? * 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. Copyright 2023 VA Claims Insider, LLC. The most documented VA percentages for sleep apnea are as follows: 0% Sleep apnea with documented sleep disorder breathing that is currently asymptomatic. 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. During an evaluation for sleep apnea, a doctor may ask some of the following questions: During the exam, the doctor may also take into consideration your weight, neck circumference, or blood pressure (all which could put you at higher risk for sleep apnea). Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. Most denials of sleep breathing requirements are due to. The sleep study, while a critically important piece of evidence, is not DRIVING your VA sleep apnea claim. yet assertive representation for our clients. One common scenario is when a veteran tries to claim sleep apnea as a primary condition when there was no diagnosis during active-duty service. 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. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. 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. Do I need a nexus letter for sleep apnea? Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Why? We can helpreach out so we can show you how. Was it inhaling the air around the Burn Pits? There are also many service-connected conditions that can result in sleep apnea. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. For this reason, a secondary service connection for sleep apnea is much more common. VA Disability Ratings for Sleep Disturbances | CCK Law
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