The "Bridge Claim": How to use Obesity to Service Connect Obstructive Traumatic brain injury and physical pain are also conditions that affect many veterans and can lead to sleep apnea. Even if youve been denied before, its not too late! 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. At that time, the VA may schedule a re-examination to verify if your sleep apnea symptoms still exist, and if theyve changed. VA may deny a sleep apnea claim based on different aspects, whether theres not enough medical evidence of sleep apnea or perhaps no logical connection between your military service and your current sleep apnea. What happens during a C&P exam for sleep apnea? Sleep Apnea Secondary Connection to PTSD VA Disability So she went back to her doctor she knew the diagnosis drives the Sleep Apnea Claim to understand HER diagnosis better. VA Sleep Apnea claim denied I recently received word back from the VA that my sleep apnea claim was denied. According to the VBA , there were over 282,300 service-connected sleep apnea claims that were awarded in 2017. She has also spent several years working with the Department of Veterans Affairs audiology programs in Salt Lake City, UT and Pocatello, ID. 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. Get the real info veterans need to file successfully for sleep apnea disability benefits. 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. Sleep apnea can be aggravated by PTSD (secondary to PTSD), also an extremely common disorder for veterans. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. 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. Sleep Apnea is a potentially serious sleep disorder in which a person's breathing is repeatedly interrupted, or ceases, during the course of a night's sleep. 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. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. caused or made worse by your active duty military service OR. Sleep apnea also ranks #2 on our List of the Top 5 Secondary Conditions to PTSD. VA Disability Ratings for Sleep Disturbances | CCK Law You may already be able to see how understanding the roots of your Sleep Apnea diagnosis can DRIVE your sleep apnea claim. Todays post is about 2 veterans at the BVA, both with very similar VA sleep apnea claims. 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. 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. 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. You must have a medical statement from a doctor detailing how your sleep apnea is service-connected. If you meet the requirement of having a current diagnosis, you can obtain a service connection and VA rating for sleep apnea and receive disability benefits. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. In our experience, if you did NOT have a sleep study while on active duty and you did not get a medical diagnosis of sleep apnea in the military, you should only attempt to service-connect your sleep apnea VA claim SECONDARY to another service-connected disability. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 book: Put it to Rest: Your VA Sleep Apnea Claim. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! Veterans that obtain a VA sleep apnea rating can regularly also service-connect strokes. VA is currently reviewing the other disabilities reviewed by NASEM in the 2020 report for consideration for potential presumptive service connection. Getting a Claim for Sleep Apnea Approval - VA Claims Insider The Veteran appealed, and had his first Board hearing (a remand for further development) in December 2009. The Veteran inVA sleep apnea claim #2 did it right by using lay, and medical evidence, together. Copyright 2023 VA Claims Insider, LLC. * Damage to the lungs themselves can lead to OSA. As a veteran, youre four times more likely than other Americans to develop sleep apnea. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. I just recently order the VA SLEEP APNEA FIELD MANUAL, I wonder if it is current its dated 2014. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 How does this help you in YOUR VA Sleep Apnea Claims? As a fellow disabled Veteran this is shameful and Im on a mission to change it. You're not alone. We can helpreach out so we can show you how. To be rated at 100 percent, you must experience chronic respiratory failure. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. 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. Phone. To understand HOW the diagnosis drives a veterans VA Sleep Apnea Claim, we have to first understand the 3 different types of Sleep Apnea, * Damage to the lungs themselves can lead to OSA. Why do so many veterans have sleep apnea? See our tips on how to obtain a credible nexus letter. The denial of disability claims for unconfirmed, undiagnosed sleep apnea is a regular occurrence for the VA. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. Keeping a list of your symptoms and treatments can be beneficial evidence to submit. 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. If you want to learn more about how to make lay and medical evidence work together in your VA sleep apnea disability claim, check out the Veterans Law Blog Build Your Sleep Apnea Claim RightField Manual Package. The most trusted name in education-based resources for Veterans. VA Secondary Conditions to Sleep Apnea - CCK Law The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both. Symptoms of obstructive sleep apnea include: If you experience many of these symptoms, we recommend seeing a doctor as soon as possible and seeking a diagnosis. In addition, during the C&P exam for a sleep apnea VA rating, its important to make the case for how your sleep apnea impacts your ability to work, your daily life, and your social life. Here is just a sampling of the problems that can obstruct the airway (notice how FEW of them have to do with obesity): * Deviated Septum (damage to the piece of cartilage that separates your nostrils), * Swelling in your nose due to allergic or other conditions, * Your tongue can fall back and obstruct the airway, * Reduction in the opening in the throat, or a narrowing of the side walls of your throat, * Damage to your vocal chords can restrict your airway. If your VA disability claim has been denied, contact our office today for a free consultation at (401) 753-6359. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 The VA will call you from the following phone number: 1-800-827-1000. 0%: Indicates that the claimant is largely asymptomatic but does show documented sleep apnea. 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. Contact Us This field is for validation purposes and should be left unchanged. OSA largely results from a disruption inthe normal breathing process. Was it the blow to the throat when you were thrown against the side of the Hum-vee in that mortar attack? At its core, Complex, or mixed, Sleep Apnea is a type of sleep apnea with mixed causes. If you continue to use this site we will assume that you are happy with it. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Having a doctor connect your sleep apnea to your secondary service-connected disability will greatly improve your chances of winning a sleep apnea VA rating. Physicians will treat sleep apnea depending on the type and severity of the condition. 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. The condition is given a serious VA disability rating . 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!
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