sleep apnea va claim denied
See our tips on how to obtain a credible nexus letter. San Jose, CA: 2880 Zanker Road, Ste. Bringing someone with you to the appointment may also be useful. 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. 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. Learn more about us, Veterans Disability Claim 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. Central Sleep Apnea:aka,CSA, is essentially a type of sleep apnea where the brain and the lungs are not communicating properly. By subscribing to the Veterans Law Blog you get a free copy of the eBook version along with many more training manuals and instructional videos. Check out our Philips CPAP Recall page here! Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. I applied for sleep apnea secondary PTSD about a year ago. PTSD is well-known for causing sleep deprivation, chronic stress, and an increase in body mass or obesity due to prescribed medications. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1952 to March 1954. The most trusted name in education-based resources for Veterans. This would mean you had a sleep study conducted while on active duty and received a medical diagnosis of sleep apnea as a result of the study. If your Obstructive Sleep Apnea was caused by damage to your throat focus on the in-service events that caused that damage. VA Claims insider is an education-based coaching/consulting company. You wouldnt necessarily focus on proving the same in-service events if you were diagnosed with central sleep apnea, though. Not surprisingly, the VA Regional Office denied the claim in June 2008. Copyright 2023 VA Claims Insider, LLC. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 The symptoms have disappeared or are not severe enough to cause any issues. Central sleep apnea occurs when the brain either does not send signals to the muscles that control breathing or those signals are interrupted. She enjoys working with the Veteran population and keeping them up to date with information they need the most. I submitted my claim and tried to Link my Sleep Apnea to my PTSD. At VA Claims Insider, we can help you win your claim and get the highest VA rating for sleep apnea. For this reason, a secondary service connection for sleep apnea is much more common. 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. At its core, Complex, or mixed, Sleep Apnea is a type of sleep apnea with mixed causes. VA regional office denied the claims and she appealed. PTSD, may be at higher risk for sleep apnea than the general population. Sleep apnea is a sleep disorder in which breathing is repeatedly interrupted during the course of sleep. 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. 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. There are risk factors that overlap in both disorders affecting sleep apnea and symptoms of PTSD, oftentimes aggravating the conditions. 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. The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both. No current medical diagnosis (within the last 12 months), or improper diagnosis #3. Its this simple. The same goes for depression and anxietyor any of the 33 mental health conditions rated by the VAwhich can be highly disruptive to sleep. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. 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. In order to determine whether you should be referred for a sleep study, a doctor will first perform a physical exam, ask about symptoms, and collect your personal and family history. If your VA disability claim has been denied, contact our office today for a free consultation at (401) 753-6359. 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. Weve supported more than 15,000 veterans to win their claims and increase their ratings. 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. (The Insiders Guide). While appellate litigation proceeded, the veteran underwent a VA sleep study, which diagnosed mild obstructive sleep apnea. With over 50 conditions that can be medically linked to sleep apnea, its important to understand the three elements required by law that must be satisfied in order for sleep apnea to be service-connected secondary to another service-connected disability. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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. You can submit a rebuttal Statement In Support of Claim but this will probable result in continued denial. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. Sleep apnea can be aggravated by PTSD (secondary to PTSD), also an extremely common disorder for veterans. 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. Its free to join and we dont win unless you win.). 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. Has anyone in your family been diagnosed with sleep apnea? Obstructive sleep apnea (OSA) is the most common type of sleep apnea. 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. There are many different symptoms that go, Sleep apnea is a common medical condition that can be caused by many different factors, including conditions like Posttraumatic Stress Disorder (PTSD). aggravated beyond its natural progression by another service-connected condition (for secondary service connection). 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. 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. Example: How a Sleep Apnea Diagnosis Drives the VA Sleep Apnea claim. Your email address will not be published. A doctors diagnosis will be one of the keys to getting a sleep apnea VA rating. When youre granted a sleep apnea VA rating, you may also be assigned a re-evaluation period (unless the condition is classified as static). 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. * 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. This is especially relevant for veterans diagnosed with sleep apnea long after leaving the military. 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! If it has, there might be a rating reduction. 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. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. If youre experiencing any of the symptoms listed above, and suspect your sleep apnea arose from your time on active duty (or was or aggravated by a currently service-connected disability), you should consider seeking a diagnosis and pursuing compensation for this disability. In this article, well help you understand the top 5 reasons OSA claims are deniedand even better, what to do about it if youve received a denial for your OSA claim. 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. 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. Why? Conditions like COPD (due to asbestos or particulate exposure in burn pits, for example), blocks the air path at the point where the lungs move oxygen into the blood stream. The VA will usually order a sleep study to be performed in order to confirm a current diagnosis of sleep apnea. 30 percent disability rating: $508.05 per month. Id like to tell you about their VA sleep apnea claims and show you why they had such different results. 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. At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law. The VA assigns the following ratings for veterans based on the severity of their sleep apnea: PTSD, Hypertension, Asthma, Cardiovascular Conditions, Type II Diabetes, Mental Health Conditions, Respiratory Conditions, Alzheimers disease. Sleep apnea is classified by the VA as sleep apnea syndromes (diagnostic code 6847). They are putting the cart before the horse. Most denials of sleep breathing requirements are due to. Many veterans receive wrongful denials when they apply for service connection for sleep apnea. Lets take an actual veterans sleep apnea claim (Ive disguised this veterans identity because this is a true story). People with sleep apnea are four times more likely to have depression than people without a sleeping disorder. The VA awards disability ratings for sleep apnea at the 0 percent, 30 percent, 50 percent, and 100 percent levels. I hope this post can give you some insight into how to improve your VA sleep apnea claims. 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. Obesity greatly increases the risk of obstructive sleep apnea, due to excessive weight constricting the airway. 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. This opens doors for many veterans who were unable to service-connect these respiratory conditions previously. Sleep apnea is proven to significantly reduce a persons quality of life (in one study, the reduction in quality of life was equivalent to that observed with diabetes or hypertension). How to Get a 100 Percent VA Rating (if deserved)! If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Keeping a list of your symptoms and treatments can be beneficial evidence to submit. The nature of the diagnosis of sleep apnea narrows the in-service events that we focus on for nexus purposes. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 In VA sleep apnea claims, medical opinion evidence is the rifle, and lay evidence is the bullet. The VA will call you from the following phone number: 1-800-827-1000. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 No current sleep study within the last 12 months, #2. Was your obstructive sleep apnea (OSA) VA claim denied? The Veteran inVA sleep apnea claim #2 included the statement of the veterans wife describing the symptoms of sleep apnea from service discharge to diagnosis. * The 5 Reasons that 76% of VA Sleep Apnea claims are denied - and how to fix the problem in YOUR case. When the jaw was reset, it was done in such a way that caused the genioglossus muscle to weaken substantially although it happened over time. 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. 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! 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). It was denied. You can also check out our 2022 Facebook live video on the Top 5 Causes for OSA Denials and How to Fix Them! PTSD - A study involving Iraq and Afghanistan veterans who visited a VA outpatient PTSD clinic found that 69% percent of them had a high risk for sleep apnea, and this risk increased with PTSD symptom severity. Typically the re-evaluation period is anywhere from two to five years after your initial examination. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Check out the VA Sleep Apnea Field Manual. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. An obstruction or a problem anywhere along that path of air, can cause Obstructive 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. It is, at its core, an interruption of the communication network between the brain and the breathing muscles. Phone. a medical nexus or link that shows the veterans sleep apnea is related to their in-service event, injury/illness. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. You may also be asked to fill out what is called a Disability Benefits Questionnaire or a DBQ. Though the path from your nose to your lungs is a short one, there are a lot of parts of your body that air has to pass through. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. This is so simple that most folks dont believe it. Save my name, email, and website in this browser for the next time I comment. This can range from CPAP therapy, lifestyle changes such as diet, exercise, and others. As a fellow disabled Veteran this is shameful and Im on a mission to change it. sleep apnea secondary connection with PTSD, Denied for Benefits? The Office of the Inspector General found that 1.3 million veterans enrolled in VA Healthcare have a sleep apnea diagnosis. Since you have already received a denial then you would have to submit a supplemental claim with new evidence and new ARGUMENTS. How VA Diagnoses Sleep Apnea in Veterans. How to File a Claim on VA.gov (step-by-step)! According to the VA, 1 in 5 veterans has obstructive sleep apnea. Our team of skilled attorneys has experience handling veterans' disability claims for Sleep Apnea, Insomnia, and more. It occurs when airflow is impaired repeatedly during sleep due to blockage in the upper airway. The most trusted name in education-based resources for Veterans. How hard is it to get VA disability for sleep apnea? NOW ITS YOUR TURN. Hierher been adenine few people who can write layup statements for your claim. A C&P exam and a sleep apnea diagnosis are crucial to qualifying for the upper tiers of compensation. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. In fact, even if the Veteran inVA sleep apnea claim #2 had not had a private medical opinion, that lay evidence would have completely undercut the VA C&P examin that claimbecause that VA C&P opinion did NOT consider the lay statements of the ongoing and chronic symptoms of sleep apnea from discharge to diagnosis. Veterans that obtain a VA sleep apnea rating can regularly also service-connect strokes. The team at Hill & Ponton may be able to assist you with a denial of benefits for sleep apnea. * Damage to the lungs themselves can lead to OSA. It was this evidence the lay observation of symptoms and limitations of sleep apnea from time of service to diagnosis which made the veterans private medical opinion so powerful inVA sleep apnea claim #2. Check out our post on sleep apnea secondary connection with PTSD here! It is essential that you document symptoms and evidence to submit. 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. Its an essential piece of evidence. You're not alone. * How to use Medical & Lay Evidence in your Sleep Apnea Claim, * The 39 Conditions KNOWN to cause, aggravate, or be caused by Sleep Apnea, * The 4 Most Common VA Sleep Apnea scenarios and how to prove service connection in each. We can helpreach out so we can show you how. 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 yet assertive representation for our clients. 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. Both sinusitis and rhinitis are linked to sleep apnea. The independent opinion of a private medical professional can also influence the C&P examiners medical opinion, as well as the VA rating officials final disability decision. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 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. In our opinion, the only time a veteran should pursue direct service connection for sleep apnea is if you had a sleep study performed while on active duty, which confirmed the presence of a sleep apnea condition (medically diagnosed) during active-duty service. Claire Szewczyk is a Digital Content Coordinator for Hill & Ponton, PA in Florida. The hard copy, if you would like to get that, is also the second editionyou can get the hard copy by clicking here. Note: Millions of Philips CPAP Machines have been recalled due to toxic chemical seeping into mask and unknowingly being inhaled by sleep apnea patients. How does this help you in YOUR VA Sleep Apnea Claims? VA claim for sleep apnea denied? Research shows a strong correlation between deployments and sleep disorders, and sleep apnea is extremely common among veterans. The denial of disability claims for unconfirmed, undiagnosed sleep apnea is a regular occurrence for the VA. Since sleep apnea can correlate with conditions like heart disease and obesity, its important to seek treatment options. Do you currently smoke, or have you smoked in the past? So she went back to her doctor she knew the diagnosis drives the Sleep Apnea Claim to understand HER diagnosis better. Your sleep apnea rating will compensate you based on your conditions severity. 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. Br."). 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. These sleep disturbances can occur from tens to hundreds of times per night. You DESERVE a HIGHER VA rating.WE CAN HELP. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. Thousands of other Veterans in our Community are here for you. 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 #1: Air is pulled in through the nasal passages. 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. Its likely your doctor will need to order a sleep study to determine if you have sleep apnea. 24% of those Veterans Sleep Apnea appeals were Granted. 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). We share our top tips and a step-by-step guide to a successful claim for obstructive sleep apnea! 6 People Who Can Write a VA Playing Statement. So if this proposed change for sleep apnea ratings goes through, its possible that veterans may start getting lowballed ratings. Since that time, we have provided compassionate 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. Asymptomatic sleep apnea would not be compensated under the tentative regulation. As an aside, there is a fourth type of sleep apnea that has popped up lately in the medical world: idiopathic sleep apnea. 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. Court of Appeals for Veterans Claims (CAVC). All Rights Reserved. 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. 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. Veterans Court reminds the VA: the BVA must adjudicate the logically related informal claim. Camp Lejeune Lawsuit. All Rights Reserved. Its sleep apnea that appears by itself, with no apparent causation. A sleep study is critical to confirming whether you meet the clinical diagnostic criteria for sleep apnea. You may already be able to see how understanding the roots of your Sleep Apnea diagnosis can DRIVE your sleep apnea claim. 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! Need a C&P exam for sleep apnea secondary to PTSD? High Blood Pressure Secondary to Obstructive Sleep Apnea: What Veterans Should Know Are you suffering from obstructive sleep apnea syndrome and hypertension? List of the Top 5 Secondary Conditions to PTSD. Its this simple: without a bullet, a rifle is powerless. The VA Regional Office denied his claim. What happens during a C&P exam for sleep apnea? You must have a medical statement from a doctor detailing how your sleep apnea is service-connected. Bottom Line: Understanding YOUR VA Sleep Apnea diagnosis Drives YOUR Claim. Did the VA Benefit of the Doubt Rule just disappear? By subscribing to the Veterans Law Blog you get a free copy of the eBook version - along with many more training manuals and instructional videos. A 50% rating would be given if treatment was ineffective or you were unable to use therapies due to another condition. Anxiety and depression can interfere with sleep patterns.
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