sleep apnea va claim denied

Having a doctor connect your sleep apnea to your secondary service-connected disability will greatly improve your chances of winning a sleep apnea VA rating. Your final VA Disability Rating for Insomnia depends upon the Top 5 Reasons for Obstructive Sleep Apnea Claim Denials (Plus OSA Service Connection Tips), Steps and Strategies: How to Prove Service Connection for Sleep Apnea, Step #1: Get a NEW Sleep Study (within the past 12 months), Step #2: Obtain a medical diagnosis of sleep apnea from a sleep specialist, Step #3: Get a nexus letter for sleep apnea from a credible independent medical professional, Lack of Medical Evidence is the #1 Reason VA Claims are Denied, Step #4: Consider secondary service connection instead of direct service connection, Secondary Service Connection Requirements. Do I need a nexus letter for sleep apnea? Required fields are marked *. caused or made worse by your active duty military service OR. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 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. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 This is especially relevant for veterans diagnosed with sleep apnea long after leaving the military. may be at higher risk for sleep apnea than the general population. Want More Help with Your Sleep Apnea VA Claim? VA claim for sleep apnea denied? Sleep apnea and secondary service connection. a medical nexus or link that shows the veterans sleep apnea is related to their in-service event, injury/illness. All of these can contribute to sleep apnea. 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. The second part can be satisfied with your existing service-connected disability rated at 0 percent or higher. Obstructive Sleep Apnea: aka,OSA, is a type of sleep apnea that occurs when your airway is blocked or obstructed. 401-331-6300. 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! A nexus letter is often the missing link in a VA claim. In December 2007, he filed a claim to service connect Sleep Apnea, as secondary to service-connected PTSD. A sleep apnea VA rating can be reduced by the VA. Save my name, email, and website in this browser for the next time I comment. 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. 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. OSA is a common denial veterans receive when pursuing a VA claim, but it doesnt have to beif you understand the condition and what your claim must include in order to be successful. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, no evidence of service connection for her Sleep Apnea. 24% of those Veterans Sleep Apnea appeals were Granted. The symptoms have disappeared or are not severe enough to cause any issues. In our experience, OSA denials are almost always due to one or more of these five gaps: #1. However, VA has not identified literature to support inclusion of sleep apnea as a presumption at this time. This is called a split-night sleep study. 5 Star Evidence is KEY to a VA sleep apnea disability claim. Check out the VA Sleep Apnea Field Manual. Get service-connected, get compensated and get the care you need! The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. Obstructive sleep apnea (OSA) is the most common type of sleep apnea. This will confirm a medical diagnosis and current symptoms, especially if theyve become more severe over time. Obesity greatly increases the risk of obstructive sleep apnea, due to excessive weight constricting the airway. In this case, there must be a medical nexus to link the sleep apnea to their already service-connected disability. 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. 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. As a fellow disabled Veteran this is shameful and Im on a mission to change it. 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. Posted May 20, 2022 (edited) 1. The most trusted name in education-based resources for Veterans. 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 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. As a veteran, youre four times more likely than other Americans to develop sleep apnea. claim of entitlement to service connection for sleep apnea. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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. New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. Veterans NEED Information and Education to Improve their VA Sleep Apnea Appeals. Do you feel tired or sleepy during the day? I hope this post can give you some insight into how to improve your VA sleep apnea claims. You wouldnt necessarily focus on proving the same in-service events if you were diagnosed with central sleep apnea, though. Complex Sleep Apnea: In September 2006, researchers at the Mayo Clinic identified a new type of Sleep Apnea whichthey are calling complex sleep apnea. A provided a NEXUS statement that stated the apnea was more than 52% likely to be the cause. There isnt a single rating for sleep apnea, but a range of ratings depending on the severity of your condition (as is true for other disability ratings). Because the medical research is slim to Why do so many veterans have sleep apnea? The Secretary of Veterans Affairs ("Secretary") filed a brief in this case on December 19, 2019 ("Sec. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Before or in addition to CPAP therapy, lifestyle changes such as diet, exercise, and stress reduction may be recommended. 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. How to Get a 100 Percent VA Rating (if deserved)! 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. 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. * Any damage to your nose, face, mouth, throat, neck, chest, or diaphragm can cause the airway to be obstructed, or the airflow to be limited. Anxiety and depression can interfere with sleep patterns. That means that 3 out of every 4 Veterans are spending years in the VA Hamster Wheel trying to prove their Sleep Apnea service connection claims and appeals! Im not going to talk about it much here because Im not seeing it in VA claims and appeals just yet. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Weve supported more than 15,000 veterans to win their claims. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. 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! 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 Follow the steps below to remedy the above-listed typical reasons for denial, and youll be much closer to a winning claim! 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. By the way, these examples come directly from 2 actual BVA decisions. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Br."). Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. This may be even easier for you now because of a new VA new rule as of August 2, 2021. In our experience, OSA denials are almost always due to one or more of these five gaps: Fortunately, there are simple strategies you can employ to address these factorseven if the VA has already denied your VA claim for sleep apnea. If it has, there might be a rating reduction. Why do so many veterans have sleep apnea? How to Hire an Attorney For Your VA Claim or Appeal. 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. There are risk factors that overlap in both disorders affecting sleep apnea and symptoms of PTSD, oftentimes aggravating the conditions. 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. OSA largely results from a disruption inthe normal breathing process. 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. To learn more about how this works, check out my book: Put it to Rest: Your VA Sleep Apnea Claim.

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