sleep apnea va claim denied

Your email address will not be published. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1952 to March 1954. In fact, in VA sleep apnea claim #1, the Board made this statement: The Board finds that [the]absence of complaints, findings, or treatment during service or post-service until sleep apnea was diagnosed in August 2007 is highly probative, contemporaneous evidence, along with other factors, showing that sleep apnea did not manifest in service.. 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. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. 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. 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. If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Estimate your 2023 VA Rating & Compensation for FREE! What kind of CPAP machine does the VA use? 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. Need a C&P exam for sleep apnea secondary to PTSD? Check out our post on sleep apnea secondary connection with PTSD here! Making the Sausage: Heres what you need to know about new VA Claims regulations. Its sleep apnea that appears by itself, with no apparent causation. You're not alone. If you are among the former military service members living with sleep apnea, you may be eligible for veterans disability compensation through the Department of Veterans Affairs. 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. These machines create airway pressure to help the individual breathe throughout the night. OSA largely results from a disruption inthe normal breathing process. I filed the claim as as secondary to GERD a pre-existing already disability. Did the VA Benefit of the Doubt Rule just disappear? The Veteran inVA sleep apnea claim #2 did it right by using lay, and medical evidence, together. What makes these 2 VA sleep apnea claims different? NOW ITS YOUR TURN. NOW ITS YOUR TURN. 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. Her husband told her she would snore loudly and wake up in the night often stopping breathing. Aug 11, 2021 #1 I was recently denied my claim for sleep apnea. Bottom Line: Understanding YOUR VA Sleep Apnea diagnosis Drives YOUR Claim. No current medical diagnosis (within the last 12 months), or improper diagnosis, #3. In order to help you with your secondary claim, we have put together this Insiders Guide! Sleep apnea is a common condition that affects about22 million people nationwide. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. 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. 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. The sleep apnea VA rating criteria are as follows: If you feel groggy during the day, you may be rated at 30 percent. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Because sleep apnea affects how your body takes in oxygen, it can be linked to strokes. 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. As a fellow disabled Veteran this is shameful and Im on a mission to change it. I hope this post can give you some insight into how to improve your VA sleep apnea claims. 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. The VA rates all cases individually, but usually follow a guide of qualifying conditions. 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. These temporary breathing disruptions or lapses can occur from dozens to hundreds of times per night. or particulate exposure in burn pits, for example), blocks the air path at the point where the lungs move oxygen into the blood stream. 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. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. Build Your Sleep Apnea Claim RightField Manual Package. Why? Sleep apnea often is thought of as a mild annoyance, but it is a significant condition that can lead to health issues ranging from hypertension, stroke and heart attack to depression, anxiety and headaches. The 2 veterans had very different results at the BVA. 11:30 Why this obstructive sleep apnea claim was denied Sleep disordered breathing, as well as the myriad of symptoms linked with it (such as sleepiness and fatigue), can all exacerbate the relationship between sleep apnea and PTSD. I was however granted 10% for Asthma, as they said I would have gotten 30% if I had meds, which I did, and did submit that as evidence. 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. It is essential that you document symptoms and evidence to submit. No current sleep study within the last 12 months #2. This is the most common route of veterans' claims for sleep apnea. If youre claiming sleep apnea as a secondary condition, make sure you already have a medical diagnosis before you make your claim. 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. 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. EXCELLENT INFO SIR AND I WILL USE IT IN MY CLAIM!!!!! Camp Lejeune Lawsuit. Note: Millions of Philips CPAP Machines have been recalled due to toxic chemical seeping into mask and unknowingly being inhaled by sleep apnea patients. This is because the fact is that many veterans suffer from PTSDand sleep problems are a common symptom of PTSD. The Secretary of Veterans Affairs ("Secretary") filed a brief in this case on December 19, 2019 ("Sec. In December 2007, he filed a claim to service connect Sleep Apnea, as secondary to service-connected PTSD. Was it inhaling the air around the Burn Pits? See our article Burn Pit Presumptive Conditions. List of the Top 5 Secondary Conditions to PTSD. This can occur from ten times to hundreds of times per night. Has anyone in your family been diagnosed with sleep apnea? REM (Rapid Eye Movement) sleep is also sometimes known as deep sleep. 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. 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. There are also many service-connected conditions that can result in sleep apnea. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. 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. Want More Help with Your Sleep Apnea VA Claim? The disability rating youre given for sleep apnea is combined with any other disability ratings you have, if any, to give you an overall rating based on VA math. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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. Studies have shown that war veterans exhibiting these symptoms tend to have increased frequency and length of apneic events that can be proven by a medical professional. Since sleep apnea can correlate with conditions like heart disease and obesity, its important to seek treatment options. Also see our post on receiving a VA rating for sleep apnea secondary to PTSD. 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. 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. Hierher been adenine few people who can write layup statements for your claim. How to Get a VA Rating for Sleep Apnea Secondary to Anxiety (The Insiders Guide), Can I Get a VA Rating for Sleep Apnea Secondary to Depression? 24% of those Veterans Sleep Apnea appeals were Granted. (The VA had already conceded the rape occurred as part of another part of this Veterans claim). 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.

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