sleep apnea va claim denied

By focusing on what CAUSED the airway obstruction, you are forcingthe VA to focus on the in-service event and the nexus. 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. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. Making the Sausage: Heres what you need to know about new VA Claims regulations. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. 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. VA Disability Ratings for Sleep Disturbances | CCK Law In VA sleep apnea claims, medical opinion evidence is the rifle, and lay evidence is the bullet. 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. United States Court of Appeals for Veterans Claims Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 * She sought treatment, and after a couple of sleep studies, was diagnosed with OSA Obstructive Sleep Apnea. Do you take naps? The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. I already have 70% for PTSD. The hard copy, if you would like to get that, is also the second editionyou can get the hard copy by clicking here. Accomplish you want to succeed in your Sleep Apnea VE Impairment Claim? Direct service connection for sleep apnea can be difficult to obtain, as most successful cases require a diagnosis while on active duty. 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. 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! Lay Statements are important! 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. Br."). Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. Posted May 20, 2022 (edited) 1. How VA Diagnoses Sleep Apnea in Veterans. 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). 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. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 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. Sleep apnea is a common condition that affects about22 million people nationwide. So if this proposed change for sleep apnea ratings goes through, its possible that veterans may start getting lowballed ratings. Some veterans with sleep apnea may experience improvement with lifestyle changes, but CPAP therapy is still among the most common treatments. www.va.gov Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. It is essential that you document symptoms and evidence to submit. 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. A VA claim for sleep apnea can be denied for many reasons. If youre claiming sleep apnea as a secondary condition, make sure you already have a medical diagnosis before you make your claim. Both disorders have risk factors that affect both sleep apnea and symptoms of PTSD, and the conditions can aggravate each other. The veteran in VA sleep apnea claim #2 had exactly that. 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. If youre dealing with sleep apnea as a secondary condition to PTSD, you arent alone! Reasons Why The VA May Deny Your Sleep Apnea 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). 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. 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. Although all of these symptoms contribute to the interaction betweensleep apnea and PTSD, the main culprits seem to be sleep deprivation and chronic stress. 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. This field is for validation purposes and should be left unchanged. By the way, these examples come directly from 2 actual BVA decisions. Not surprisingly, the VA Regional Office denied the claim in June 2008. Is it difficult to stay awake performing tasks like driving, reading or watching TV? 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). this was in Sept last year, fast forward to now, and as i suspected my sleep apnea was denied connection to my PTSD. For now, these ratings are merely a proposal so stay tuned to this page while we update. See our tips on how to obtain a credible nexus letter. 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. To learn more about how this works, check out my book: Put it to Rest: Your VA Sleep Apnea Claim. Loved ones like family or close friends could also be a good help in sharing how your sleep has changed. VA Claims insider is an education-based coaching/consulting company. Aug 11, 2021 #1 I was recently denied my claim for sleep apnea. They are putting the cart before the horse. Need a C&P exam for sleep apnea secondary to PTSD? If a doctor thinks its highly likely you have sleep apnea, the sleep study may also involve a positive air pressure (PAP) device. In order to prove a secondary service connection, youll need three things: PTSD doesnt have to be the main cause of your sleep apnea, but it does have to be connected. 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. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 You're not alone. You wouldnt necessarily focus on proving the same in-service events if you were diagnosed with central sleep apnea, though. Membership gives you your very own veteran coach to walk you through the VA claim process from start to end, and access to proprietary resources. 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. Sleep apnea can be aggravated by PTSD (secondary to PTSD), also an extremely common disorder for veterans. Finally, a 100% rating is available when sleep apnea is so severe that it involves organ damage. To be rated at 100 percent, you must experience chronic respiratory failure. 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. Did the VA Benefit of the Doubt Rule just disappear? document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2016 - VeteransLawBlog.org - All Rights Reserved | Terms & Conditions | Legal Disclaimer, The Veterans Law Blog is NOT a law firm. 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. Bottom Line: Understanding YOUR VA Sleep Apnea diagnosis Drives YOUR Claim. 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. Obstructive sleep apnea can cause daytime sleepiness, snoring, depression, difficulties with concentration, and loss of memory. As a veteran, youre four times more likely than other Americans to develop sleep apnea. Physicians will treat sleep apnea depending on the type and severity of the condition. Both sinusitis and rhinitis are linked to sleep apnea. These Veterans Sleep Apnea Appeals Stats Will Shock You! In this case, there must be a medical nexus to link the sleep apnea to their already service-connected disability. Your Sleep Apnea VA Rating A Guide to Getting a - VA Claims Insider Both anxiety and depression can also be linked to sleep apnea. The nature of the diagnosis of sleep apnea narrows the in-service events that we focus on for nexus purposes. Was it the blow to the throat when you were thrown against the side of the Hum-vee in that mortar attack? Sleep apnea can make it hard for your brain to regulate blood flows in your arteries and in the brain itself. How to File a Claim on VA.gov (step-by-step)! 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. sleep apnea secondary connection with PTSD, Denied for Benefits? Why do so many veterans have sleep apnea? 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! How does this help you in YOUR VA Sleep Apnea Claims? 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. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Copyright 2023 VA Claims Insider, LLC. The constant interruption of breathing can lead to reduced sleep quality, short-term memory loss, irritability and even mood disorders, as well as major metabolic diseases such as diabetes and heart disease. 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. Im not going to talk about it much here because Im not seeing it in VA claims and appeals just yet. 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 Secondary Connection to PTSD VA Disability Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. Our team of skilled attorneys has experience handling veterans' disability claims for Sleep Apnea, Insomnia, and more.

San Bernardino County Fish Stocking, Articles S