sleep apnea va claim denied

There are also many service-connected conditions that can result in sleep apnea. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 How VA Diagnoses Sleep Apnea in Veterans. VA Sleep Apnea Claim #1: This Veteran served in Iraq and Kuwait in 2003 to 2004. 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). Sleep apnea is classified by the VA as sleep apnea syndromes (diagnostic code 6847). yet assertive representation for our clients. At that time, the VA may schedule a re-examination to verify if your sleep apnea symptoms still exist, and if theyve changed. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Did the VA Benefit of the Doubt Rule just disappear? 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. 40 percent disability rating: $731.86 per month. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. Central Sleep Apnea:aka,CSA, is essentially a type of sleep apnea where the brain and the lungs are not communicating properly. Get service-connected, get compensated and get the care you need! Discuss your sleep issues with your primary care VA doctor and ask for a referral to a sleep specialist at the VA. All Rights Reserved. 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 signs and symptoms of these three types of sleep apnea tend to overlap, sometimes making it difficult to determine which type a person has. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. If youre claiming sleep apnea as a secondary condition, make sure you already have a medical diagnosis before you make your claim. Lesson learned:Lay Evidence is the Bullet, and Medical Evidence is the rifle. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. 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! Thats the original copyright date, Marcus; the ebook version in the bookstore is the 2nd edition, updated in 2016. This is especially relevant for veterans diagnosed with sleep apnea long after leaving the military. How to File a Claim on VA.gov (step-by-step)! This is so simple that most folks dont believe it. * Damage to the lungs themselves can lead to OSA. The same goes for depression and anxietyor any of the 33 mental health conditions rated by the VAwhich can be highly disruptive to sleep. In April 2004, he wastreated after his military service ended for fatigue and insomnia. 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 The VA Regional Office denied his claim. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices She has also spent several years working with the Department of Veterans Affairs audiology programs in Salt Lake City, UT and Pocatello, ID. These would include situations in which: According to 38 CFR 3.105(e), a rating reduction (for any condition) may only take place in cases where: The VA is also required to issue a veteran notice of a proposed reduction and give you 60 days to submit evidence and 30 days to request a hearing (unless the reduction would not change your compensation). The Secretary of Veterans Affairs ("Secretary") filed a brief in this case on December 19, 2019 ("Sec. 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. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! Why do so many veterans have sleep apnea? * 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. Not surprisingly, the VA Regional Office denied the claim in June 2008. 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. Lets take a look at 2 VA Sleep ApneaClaims. Bringing someone with you to the appointment may also be useful. 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. When he got to the BVA the following evidence was in his C-File: a medical nexus or link that shows the veterans sleep apnea is related to their in-service event, injury/illness. Im not going to talk about it much here because Im not seeing it in VA claims and appeals just yet. 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. 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. 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. Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. #1: Air is pulled in through the nasal passages. These include: As youre gathering medical evidence to file your VA claim for sleep apnea, remember that just having a CPAP alone doesnt meet the VAs requirements for service connection. Sleep apnea also ranks #2 on our List of the Top 5 Secondary Conditions to PTSD. 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. Your email address will not be published. At its core, Complex, or mixed, Sleep Apnea is a type of sleep apnea with mixed causes. 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). A person must have a polysomnogram, either in a sleep lab or at home, in order to be diagnosed with sleep apnea. 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. Was your obstructive sleep apnea (OSA) VA claim denied? "Among veterans with PTSD, sleep disturbances are nearly universal. Sleep apnea can be service-connected in two ways: either direct service connection or secondary service connection. 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. How to Hire an Attorney For Your VA Claim or Appeal. If you prefer a paper copy, you can get it direct from the publisher by clicking here, or buy it on Amazon, by clicking on the link below: If its all too much and youre ready to hire an attorney that is accredited to handle VA Claims, and who focuses a lot of his firmslaw practice on VA SleepApnea claims, check out the Attig Steel law firm and request a consultation about your VA sleep apnea appeal. If your Obstructive Sleep Apnea was caused by damage to your throat focus on the in-service events that caused that damage. Conditions like COPD (due to asbestos. You DESERVE a HIGHER VA rating.WE CAN HELP. So if this proposed change for sleep apnea ratings goes through, its possible that veterans may start getting lowballed ratings. Our firm was founded in 1986 in Orlando, Florida. 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. You're not alone. 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. Learn how your comment data is processed. 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. They are putting the cart before the horse. How does this help you in YOUR VA Sleep Apnea Claims? If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Sleep apnea can be aggravated by PTSD (secondary to PTSD), also an extremely common disorder for veterans. Do you take naps? 24% of those Veterans Sleep Apnea appeals were Granted. The Veteran inVA sleep apnea claim #2 did it right by using lay, and medical evidence, together. Since that time, we have provided compassionate We answer your questions about VA claims for sleep apnea compensation. Also make sure to seek the care you need to get relief from the effect of sleep apnea on your health and life. The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. 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. His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. Hypersomnolence (i.e., excessive daytime sleepiness), Mental anxiety and/or depression related to combat, Use of alcohol, sedatives, certain medications or tranquilizers. A VA C&P exam from February 2012 concluding the veterans sleep apnea was less likely than not related to military service, on multiple legal theories. Columbus, OH: 100 E. Campus View Boulevard, Suite #250, Columbus, OH, 43235 Sleep apnea is one of the most common conditions veterans want to file a VA disability claim for. Estimate your 2023 VA Rating & Compensation for FREE! Know your diagnosis, and you know what in-service events are most important to tie to it for purposes of establishing the element of nexus in a service connection claim. The number of VA disability ratings that are awarded for sleep apnea is on the rise, however, it still fails to address the entire issue. Finally, a 100% rating is available when sleep apnea is so severe that it involves organ damage. 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. Spouse; Family Members; Friends; Colleagues; Other Service . Most denials of sleep breathing requirements are due to. * She filed a claim with the VA, but was told that without a sleep study in the military, there was no evidence of service connection for her Sleep Apnea. How hard is it to get VA disability for sleep apnea? No proof of service connection (missing a nexus letter) It also connects you with vetted medical professionals in our independent referral network for medical examinations and credible medical nexus letters. Central sleep apnea occurs when the brain either does not send signals to the muscles that control breathing or those signals are interrupted. I just recently order the VA SLEEP APNEA FIELD MANUAL, I wonder if it is current its dated 2014. Phone. 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! How to Get a 100 Percent VA Rating (if deserved)! The Office of the Inspector General found that 1.3 million veterans enrolled in VA Healthcare have a sleep apnea diagnosis. 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. The major causes appear to be sleep deprivation and chronic stress. Regardless of whether you are dealing with OSA, its important to pursue all the benefits available to you as a veteran. 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! Think about it this way: if you are diagnosed with severe hearing loss, then to win your hearing loss claim, you arent going to waste your time telling the VA about your knee injuries. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. As a part of the VAs duty to assist veterans in obtaining evidence to help prove their claim, the VA has a duty to assist veterans in scheduling the examination for a sleep study and helping them realize the VA disability claim that they are entitled to. The most common VA rating for sleep apnea is 50 percent. Here are a few examples of how sleep apnea could be impacting your life, which youll want to clearly state and demonstrate in your C&P exam and in your claim: We recommend a nexus letter from a medical professional to connect your condition to your military service (or secondary to a service-connected disability) in order to improve your chances of receiving a rating for sleep apnea as a secondary condition. Check out the VA Sleep Apnea Field Manual. No current sleep study within the last 12 months, #2. PTSDand the side effects of medications taken to address PTSDcan lead to the development of sleep apnea in a few different ways. You may also be asked to fill out what is called a Disability Benefits Questionnaire or a DBQ.
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