The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. There are cases in which your VA rating for sleep apnea would not be re-evaluated. There are risk factors that overlap in both disorders affecting sleep apnea and symptoms of PTSD, oftentimes aggravating the conditions. Why did 2 nearly identical VA sleep apnea claims have such different Id like to tell you about their VA sleep apnea claims and show you why they had such different results. Estimate your 2023 VA Rating & Compensation for FREE! This study will serve as medical evidence for the veterans case and can help to prove the medical condition or medical conditions that go into a total rating. These machines create airway pressure to help the individual breathe throughout the night. Even if youve been denied before, its not too late! document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Believe it or not, buddy statements can be helpful in proving sleep apnea claims if you can find vets who you served with and heard you snoring, or can talk about the issues that led to the sleep apnea. A disability with a secondary service connection is a condition that was caused or made worse by an already existing service-connected condition. Getting a Claim for Sleep Apnea Approval - VA Claims Insider I do not response to Individual claim and legal questions, although I do catalog them for post / video ideas. 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. 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. Just be mindful that a sleep apnea diagnosis isnt all about neck girth and obesity. Our firm was founded in 1986 in Orlando, Florida. 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. 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. 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. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Here are some of the most common symptoms of central and obstructive sleep apnea: Morning headache Having a dry mouth when you wake up Loud snoring Periods in which you stop breathing when you sleep Difficulty staying asleep Trouble paying attention while awake Irritability Daytime sleepiness Sexual dysfunction Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. 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). These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. A VA claim for sleep apnea can be denied for many reasons. This is rare, because most veterans dont realize they have sleep apnea until after theyve left military service. 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. You can link these two by detailing the side effects of PTSD that impact your sleep apnea, with the doctor writing your nexus letter. NOW ITS YOUR TURN. VA claim for sleep apnea denied? * Damage to the lungs themselves can lead to OSA. Check out our Philips CPAP Recall page here! There are also many service-connected conditions that can result in sleep apnea. Denied Disability Claim for Sleep Apnea | Stateside Legal 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. 6 People Who Can Write a VA Playing Statement. This is the most common route of veterans' claims for sleep apnea. Want More Help with Your Sleep Apnea VA Claim? This includes having a sleep study done, a buddy letter from your spouse, and medical records from your doctor about your symptoms. 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. #2: It crosses the uvula that dangling thing in the back of your throat. www.va.gov 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. Sleep apnea was noted as the top claimed and granted respiratory condition. 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. How does the diagnosis DRIVE your VA sleep apnea claim? The 2 veterans had very different results at the BVA. Lay Statements are important! The same goes for depression and anxietyor any of the 33 mental health conditions rated by the VAwhich can be highly disruptive to sleep. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 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. Typically, sleep apnea symptoms are at their worst during REM Sleep due to the bodys naturally-occurring reduced muscle tone in the bodys airway. The violence of the rape caused a lot of damage to her jaw, back and neck muscles, including breaking her jaw. The Higher-Level Review for OSA - VA Claims Insider Posted May 20, 2022 (edited) 1. * The 5Reasons that 76% of VA Sleep Apnea claims are denied and how to fix the problem in YOUR case. 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. VETERANS VOICE: Sleep apnea claims often denied - The Leaf-Chronicle I hope this post can give you some insight into how to improve your VA sleep apnea claims. Sleep Apnea Denial : r/Veterans - Reddit No current medical diagnosis (within the last 12 months), or improper diagnosis #3. No proof of service connection (missing a nexus letter), #4 Lack of active-duty documentation and medical evidence, #5 Filing for direct service connection vs secondary service-connection (secondary to an already service-connected disability). Is Sleep Apnea Could Be a Service-Connected VA Disability? He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM. 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. Before or in addition to CPAP therapy, lifestyle changes such as diet, exercise, and stress reduction may be recommended. 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. 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). Disability Denials LTD Insurance Denial Attorneys - National Disability Law Firm A National Disability Benefits Law Firm Home About Us Attorneys Our Legal Staff Client Services 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. Phone. I then applied for VA disability and received a 90% rating. In this case, there must be a medical nexus to link the sleep apnea to their already service-connected disability. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. Is it difficult to stay awake performing tasks like driving, reading or watching TV? If you have sleep apnea and sinusitis/rhinitis, your next step would be to get a doctors medical opinion supporting that your service-connected sinusitis/rhinitis caused or aggravates your sleep apnea. Thousands of other Veterans in our Community are here for you. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. Making the Sausage: Heres what you need to know about new VA Claims regulations. Both anxiety and depression can also be linked to sleep apnea. Both sinusitis and rhinitis are linked to sleep apnea. A C&P exam and a sleep apnea diagnosis are crucial to qualifying for the upper tiers of compensation. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. VA Sleep Apnea Claim - Deniedagain : r/Veterans - Reddit If you have a breathing machine, you need to provide . 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. This places a disabled veteran in the VA's Group 1 for treatment. If a doctor thinks its highly likely you have sleep apnea, the sleep study may also involve a positive air pressure (PAP) device. Since sleep apnea can correlate with conditions like heart disease and obesity, its important to seek treatment options. Do you feel tired or sleepy during the day? Save my name, email, and website in this browser for the next time I comment. * 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. Camp Lejeune Lawsuit. In VA sleep apnea claims, medical opinion evidence is the rifle, and lay evidence is the bullet. 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. Sleep apnea can be service-connected in two ways: either direct service connection or secondary service connection. 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. See our article Burn Pit Presumptive Conditions. Phoenix, AZ: One Renaissance Tower, Two North Central Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Get service-connected, get compensated and get the care you need! How to Get a 100 Percent VA Rating (if deserved)! It was denied. of veterans with PTSD also have a co-occuring sleep disturbance, including obstructive sleep apnea (OSA). VA Disability for Sleep Apnea: A Guide to Legal Aid - Berry Law * She sought treatment, and after a couple of sleep studies, was diagnosed with OSA Obstructive Sleep Apnea. aggravated beyond its natural progression by another service-connected condition (for secondary service connection). 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. An obstruction or a problem anywhere along that path of air, can cause Obstructive Sleep Apnea.