sleep apnea va claim denied

Its this simple. Top 5 Reasons for Obstructive Sleep Apnea Claim Denials - VA Claims Insider Symptoms of obstructive sleep apnea include: If you experience many of these symptoms, we recommend seeing a doctor as soon as possible and seeking a diagnosis. VA Disability for Sleep Apnea: A Guide to Legal Aid - Berry Law The symptoms have disappeared or are not severe enough to cause any issues. 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. 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. 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. Research has shown that combat veterans with post-traumatic stress disorder, also known asPTSD, may be at higher risk for sleep apnea than the general population. In our experience, an upper respiratory disability is one of the easiest choices for claiming OSA secondary to another service-connected disability. You will need medical evidence that shows what type of sleep apnea you have (obstructive, central or mixed), how severe it is and if you can show how it was caused by your service in . The hard copy, if you would like to get that, is also the second editionyou can get the hard copy by clicking here. They are putting the cart before the horse. Want More Help with Your Sleep Apnea VA Claim? While we still have our home base in Florida, 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 has been moving a lot of claims through this process. Its free to join and we dont win unless you win.). Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. When youre granted a sleep apnea VA rating, you may also be assigned a re-evaluation period (unless the condition is classified as static). If you have symptoms of OSA, consider obtaining a sleep study, also known as polysomnography. Your email address will not be published. This includes having a sleep study done, a buddy letter from your spouse, and medical records from your doctor about your symptoms. It was what the lay evidence DID that made all the difference in these two VA sleep apnea claims. Also see our post What is a Service-Connected Disability? Do you take naps? According to the VA, 1 in 5 veterans has obstructive sleep apnea. Record Before the Agency ("R.") at 4-12. Physicians will treat sleep apnea depending on the type and severity of the condition. Youd focus on the things that caused nerve damage that led to the central sleep apnea, brain trauma, or brain chemistry, for example. Including a nexus letter for sleep apnea can be an important part of your claim to strengthen your case for a sleep apnea VA rating. 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. Unfortunately, VA does not always apply the law correctly. I then applied for VA disability and received a 90% rating. 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. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! The VA Regional Office denied his claim. See our article Burn Pit Presumptive Conditions. NOW ITS YOUR TURN. 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). As an aside, there is a fourth type of sleep apnea that has popped up lately in the medical world: idiopathic sleep apnea. * The 5Reasons that 76% of VA Sleep Apnea claims are denied and how to fix the problem in YOUR case. Even if youve been denied before, its not too late! Since 2009, veterans' claims for sleep apnea have increased 150%, more than 94% of these coming from veterans of Gulf War I or the Iraq and Afghanistan wars. We answer your questions about VA claims for sleep apnea compensation. 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. Since sleep apnea can correlate with conditions like heart disease and obesity, its important to seek treatment options. 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 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. Its likely your doctor will need to order a sleep study to determine if you have sleep apnea. 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. PTSDand the side effects of medications taken to address PTSDcan lead to the development of sleep apnea in a few different ways. Example: How a Sleep Apnea Diagnosis Drives the VA Sleep Apnea claim. Your sleep apnea rating will compensate you based on your conditions severity. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. 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. 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. 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. A sleep apnea VA rating can be reduced by the VA. As of December 1st, 2022 the VA disability rate benefit amounts are as follows: 0 percent disability rating: $0.00 per month. 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. Some of the most common symptoms of sleep apnea include: People who suffer from sleep apnea are often unaware of the breathing disturbances, finding out about them from a bed partner or roommate. 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. 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. Making the Sausage: Heres what you need to know about new VA Claims regulations. A private physician note indicates that prior to deployment to Iraq, the Veteran had no symptoms of, or treatment for, sleep apnea. Diagnosing Sleep Apnea This book is a must-read: I wrote it after talking to several doctors, hundreds of veterans who were denied sleep apnea in their VA disability claim, and after reading hundreds if not thousands of BVA and Court Decisions about Sleep Apnea. The BVA is saying that there was no lay evidence (or medical evidence for that matter) from service to diagnosis of the veterans sleep apnea. Excessive daytime sleepiness is the most noticeable signal for those who live alone. He was diagnosed with sleep apnea in 2007, after his military service. Broadly, its defined as the occurrence of five or more breathing-related events per hour, measured by polysomnography (sleep study). To show your disability began during service, you will need to: Have a current diagnosis of sleep apnea with a sleep study; Provide VA with competent and credible lay evidence of symptoms of sleep apnea that occurred during your time in service (and which continued thereafter . 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. All of these can contribute to sleep apnea. The most common reason for denial of secondary claims is not establishing a strong enough connection between the service-connected disability and the sleep apnea. 0%: Indicates that the claimant is largely asymptomatic but does show documented sleep apnea. She has also spent several years working with the Department of Veterans Affairs audiology programs in Salt Lake City, UT and Pocatello, ID. 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. 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. Required fields are marked *. Aug 11, 2021 #1 I was recently denied my claim for sleep apnea. Some doctors may have you fill out a questionnaire about your sleep habits. If your Obstructive Sleep Apnea was caused by damage to your throat focus on the in-service events that caused that damage. 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.

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