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. 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. Its an essential piece of evidence. A Continuous Positive Airway Pressure (CPAP) machine helps treat sleep apnea by delivering a stream of air into your airways through a mask and a tube. NOW ITS YOUR TURN. Save my name, email, and website in this browser for the next time I comment. A nexus letter is often the missing link in a VA claim. For veterans who have already been diagnosed with sleep apnea without a sleep study by the VA, the veteran may have to undergo a sleep study done by the VA in order to confirm the diagnosis for benefit purposes. You're not alone. If so, how often and how long are your naps? 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. 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. Copyright 2023 VA Claims Insider, LLC. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 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. Now, it wasnt just the mere existence of lay evidence of sleep apnea symptomatology from service discharge to diagnosis that made the difference. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Click the button below to get more information. An obstruction or a problem anywhere along that path of air, can cause Obstructive Sleep Apnea. 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. Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). Weve supported more than 15,000 veterans to win their claims. 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. In our experience, OSA denials are almost always due to one or more of these five gaps: #1. 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. 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). 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. * The 5Reasons that 76% of VA Sleep Apnea claims are denied and how to fix the problem in YOUR case. Take advantage of a FREE VA Claim Discovery Call. 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. Even if you have a medical diagnosis during active-duty service, without a sleep study this is difficult to claim successfully. Both disorders have risk factors that affect both sleep apnea and symptoms of PTSD, and the conditions can aggravate each other. What DOES Drive the 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. By law, there are three evidentiary elements that must be satisfied for sleep apnea secondary conditions to prove secondary service connection: The first part can be satisfied with any existing medical evidence service treatment records, VA medical records, or any private medical records, assuming you do have a diagnosis of sleep apnea. 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. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Sleep apnea is classified by the VA as sleep apnea syndromes (diagnostic code 6847). While we still have our home base in Florida, * 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. Veteran Service-Connected Sleep Apnea Claims on the Rise An increasing number of sleep apnea claims are cropping up among younger veterans. The Veteran inVA sleep apnea claim #2 did it right by using lay, and medical evidence, together. This blockage is caused when the back throat muscles relax, impairing the airflow. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! He was diagnosed with sleep apnea in 2007, after his military service. Many veterans are diagnosed with obstructive sleep apnea, and thereforewith an effective claim that includes the right evidenceshould be eligible for a sleep apnea VA rating. Ask your private doctor for a referral to a sleep specialist in your area (a good option if you have private health insurance). 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. 20 percent disability rating: $327.99 per month. Making the Sausage: Heres what you need to know about new VA Claims regulations. 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. 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. A study conducted by the VA Healthcare System for San Diego and National Center for PTSD found that between 40 percent and 98 percent (!) 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! There are three components to proving direct service connection for any VA disability claim: For the legal principles of direct service connection, see 38 CFR 3.303. The team at Hill & Ponton may be able to assist you with a denial of benefits for sleep apnea. (In one study, 69.2% of veterans were assessed as being at high risk for OSA.). 30 percent disability rating: $508.05 per month. Additionally, there are some cases that the VA cannot schedule re-examinations: If you are interested in learning more about C&P examinations, check out our guide! You can submit a rebuttal Statement In Support of Claim but this will probable result in continued denial. Research shows a strong correlation between deployments and sleep disorders, and sleep apnea is extremely common among veterans. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Please call for an appointment before visiting: Mail Processing Center: P.O. 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. Sleep Apnea Denial Looking for some direction from people that have received rating for sleep apnea. Was your obstructive sleep apnea (OSA) VA claim denied? The VA Regional Office denied his claim. 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 will never prove my claim.. Also see our post What is a Service-Connected Disability? use Medical & Lay Evidence in your Sleep Apnea Claim, 39 Conditions KNOWN to cause, aggravate, or be caused by, get it direct from the publisher by clicking here, check out the Attig Steel law firm and request a consultation about your VA sleep apnea appeal, Court of Appeals for Veterans Claims (CAVC). The VA prescribes several different types of CPAP machines. This field is for validation purposes and should be left unchanged. 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. 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. For this reason, a secondary service connection for sleep apnea is much more common. Obstructive Sleep Apnea: aka,OSA, is a type of sleep apnea that occurs when your airway is blocked or obstructed. The 2 veterans had very different results at the BVA. Has anyone in your family been diagnosed with sleep apnea? 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. VA Sleep Apnea claim denied I recently received word back from the VA that my sleep apnea claim was denied. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. 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. 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. Bringing someone with you to the appointment may also be useful. Many veterans dont even know what sleep apnea is while on active duty, let alone that they need a sleep study to prove they have it! The VA has been moving a lot of claims through this process. 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. 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. His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. You DESERVE a HIGHER VA rating.WE CAN HELP. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 A person must have a polysomnogram, either in a sleep lab or at home, in order to be diagnosed with sleep apnea. Accomplish you want to succeed in your Sleep Apnea VE Impairment Claim? 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). 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. If your VA disability claim has been denied, contact our office today for a free consultation at (401) 753-6359. book: Put it to Rest: Your VA Sleep Apnea Claim. 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. Claire Szewczyk is a Digital Content Coordinator for Hill & Ponton, PA in Florida. How does this help you in YOUR VA Sleep Apnea Claims? You may already be able to see how understanding the roots of your Sleep Apnea diagnosis can DRIVE your sleep apnea claim. 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. The VA has found sustained improvement in your ability to function under the ordinary conditions of life. If the first half of the nights results confirm you have sleep apnea, the second half of the night will utilize the PAP device to prepare you for ongoing treatment. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. EXCELLENT INFO SIR AND I WILL USE IT IN MY CLAIM!!!!! Loved ones like family or close friends could also be a good help in sharing how your sleep has changed. No current medical diagnosis (within the last 12 months), or improper diagnosis #3. ukrainian terms of endearment for child,
sleep apnea va claim denied
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