Many of them have been diagnosed with the condition many years after leaving active duty service . I was recently denied my claim for sleep apnea. Submission of claim was made prior to being clinically diagnosed with SA . captamericao9. . I was recently denied (2018) VA disability for sleep apnea. . be scrutinizing VA disability claims for Sleep Apnea more closely than they did in the past. Many disabled veterans are denied sleep apnea VA disability benefits on their initial application and must file an appeal. 855-855-8992. No proof of service connection (missing a nexus letter) A VA claim for sleep apnea can be denied for many reasons. I had a sleep study completed and the study indicated that I had obstructed sleep apnea and required a CPAP. Check out the VA Sleep Apnea Field Manual. They deny most claims. Many veterans attempt to service-connect sleep apnea as a primary disability condition and can't seem to figure our "why" the VA keeps denying your sleep apnea claim. And there are still a lot of OSA claims submitted on a direct basis with zero evidence of any sleep issues in service. What is a sleep apnea VA disability benefits claim worth? 6) Poorly fitting upper teeth, which may collapse the airway when you sleep. Qualifying for VA disability benefits for sleep apnea Found medical records after 17 years all claims were denied in 2018 re-filed in 2021 partial claim just confirmed via VA phone call and on VA app 20% for my ankles and I've got mental health C&P next week don't give up there's always hope! . #2. A Gulf War veteran's sleep apnea claim is denied if his or her condition is not associated with military service. The obvious answer is the wrong answer. Without a CPAP machine, the VA assigns a 30% rating. According to the VBA , there were over 282,300 service-connected sleep apnea claims that were awarded in 2017. The VA rates all cases individually, but usually follow a guide of qualifying conditions. I had a claim in for Sleep Apnea, as I have been diagnosed and prescribed a CPAP. If your claim for sleep apnea secondary to sinusitis has been denied, the veterans' advocates at Chisholm Chisholm & Kilpatrick may be able to help. Share with: Link: Copy link. 24:23 Understanding why your sleep apnea claim was denied Veterans with Sleep Apnea will be subject to their Sleep Study results; if Veterans claim they have Sleep Apnea and do not see a Sleep Specialist and get tested for Sleep Apnea, it is unlikely they will win a sleep apnea VA disability rating. hello, biggest reason sleep apnea gets denied is it was not diagnosed in service, symptoms are related to another disability, or no current actual sleep apnea diagnosis. I submitted lay statements from my ex-boss and wife along with my sleep study from my doctor. 24% of those Veterans Sleep Apnea appeals were Granted. If you were denied sleep apnea VA disability benefits within the last year, you should consider talking to a VA disability appeal lawyer. They should take part in a sleep study. C:\USCAVC_Docs\SINGLE.CVA\EdwardsPD_20-5533.pdf EdwardsPD_20-5533.pdf I filed the claim as as secondary to GERD a pre-existing already disability. A provided a NEXUS statement that stated the apnea was more than 52% likely to be the cause. Gulf War veterans are eligible for disability benefits through the VA, but they must prove that their symptoms are caused by their military service. . So, many veterans wonder why they do not . VA Claims and Appeals Process; Has Your Claim Been Denied? It's was denied. I thought that anything within 1 year of separation was considered service connection. Hello All, Found medical records after 17 years all claims were denied in 2018 re-filed in 2021 partial claim just confirmed via VA phone call and on VA app 20% for my ankles and I've got mental health C&P next week don't give up there's always hope! No current medical diagnosis (within the last 12 months), or improper diagnosis. FREE Guide Books. No current sleep study within the last 12 months #2. My research program, Sleep & Health Applied Research Program (SHARP), aims to understand sleep and the impact that poor sleep can have on the brain and body. Veterans, in this post I list more than 40+ possible sleep apnea secondary conditions so veterans can win, service-connect, and rate your sleep apnea VA claim in less time.. 13 posts Supplemental Claim Denied - Sleep Apnea Supplemental Claim Denied - Sleep Apnea. * The 5 Reasons that 76% of VA Sleep Apnea claims are denied - and how to fix the problem in YOUR case. 24% of those Veterans Sleep Apnea appeals were Granted. A provided a NEXUS statement that stated the apnea was more than 52% likely to be the . 4) Narrow air passages in the nose and throat. I study how sleep is affected by common conditions among Veterans, including traumatic brain injury (TBI), posttraumatic stress disorder (PTSD), Parkinson's disease and Alzheimer's . The VA erred in finding a lack of a medical nexus between the PTSD and sleep apnea, despite the fact that sleep apnea was one of the rated conditions. #1: Veterans Don't Often Know How to File a VA Sleep Apnea Claim. 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! Been where your at, and was awarded sleep apnea secondary to tinnitus. 3) Abnormal facial features, such as a recessed lower jaw (called an advanced velopharyngeal insufficiency). Share with: Link: Copy link. In some. captamericao9. I suppose the reason is obvious; many veterans apply because of the relatively high 50% rating. VA Secondary Service Connection and Sleep Apnea FAQs; Contact Us; Blog; CALL US TO GET STARTED. 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. Yes, but there are many things to consider when filing a VA claim. 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. While more veterans are filing VA Sleep Apnea claims, more are being denied: between 2013 and 2014, over 75% of Sleep Apnea appeals to the BVA were denied. The VA can not deny the 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. I study how sleep is affected by common conditions among Veterans, including traumatic brain injury (TBI), posttraumatic stress disorder (PTSD), Parkinson's disease and Alzheimer's . Is Sleep Apnea a disability? But, VA does not assign a rating. VA claim for sleep apnea denied? The VA reports that nearly 1 in 4 respiratory claims for VA disability benefits is linked to sleep apnea. Aug 11, 2021 #1. These can be performed at a sleep clinic or sometimes in your own home. I recently received word back from the VA that my sleep apnea claim was denied. The diagnostic criteria for a VA sleep apnea claim, found in the Code of Federal Regulations, have not changed. Hello All, Post Aug 15, 2019 #1 2019-08-15T22:01. Upon speaking with my benefits coordinator, he suggested that I obtain . It pays for itself with first back pay check. My research program, Sleep & Health Applied Research Program (SHARP), aims to understand sleep and the impact that poor sleep can have on the brain and body. 4 2. captamericao9. Here's what the 38CFR lists for sleep apnea: 6847 Sleep Apnea Syndromes (Obstructive, Central, Mixed): 76% were Denied or Remanded for more evidence. 76% were Denied or Remanded for more evidence. Though there are some conditions that can be granted service connection if they are diagnosed to a compensable degree within one year of leaving active duty, sleep apnea is not one of them. #3. September 18, 2018, Washington, DC - Bergmann & Moore attorneys prevailed on behalf of a peacetime Veteran who originally sought disability compensation benefits for his sleep apnea from the U.S. Department of Veterans Affairs (VA) more than six years ago. Share. 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. My name is Jay. The purpose of this article is to give tips on how to win your Sleep Apnea VA disability benefits claim, aka Sleep Apnea VA claim, so you can get the rating and compensation you deserve. 3) Abnormal facial features, such as a recessed lower jaw (called an advanced velopharyngeal insufficiency). * The 5 Reasons that 76% of VA Sleep Apnea claims are denied - and how to fix the problem in YOUR case. 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. Post Aug 15, 2019 #1 2019-08-15T22:01. In order to establish direct service connection for sleep apnea, a claimant must show that they have a current, diagnosis of sleep apnea, an in-service event or illness/injury, and a medical nexus or link that shows the veteran's sleep apnea is related to their in-service event, injury/illness. To confirm a sleep apnea diagnosis for VA disability compensation purposes, . 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. Here are a few reasons that Veterans find VA Sleep Apnea appeals or claims difficult. 4 2. 5) A large tongue that can block the airway when you sleep. The VA seems to . In July 2012, the Veteran filed his claim for a sleep disorder. 11:30 Why this obstructive sleep apnea claim was denied. The military utilizes VA disability ratings to determine the severity of the Obstructive, Central, or Mixed Sleep Apnea. These claims can be wrongly denied, especially if VA does not consider all the evidence. A VA claim for sleep apnea can be denied for many reasons. 2) Chronic lung diseases, such as asthma or emphysema. 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. No current sleep study within the last 12 months. VA claim for sleep apnea denied? They deny most claims. The most documented VA percentages for sleep apnea are as follows: 0% Sleep apnea with documented sleep disorder breathing that is currently asymptomatic. I recently received my decision from the VA on my claim for Sleep Apnea. 11:30 Why this obstructive sleep apnea claim was denied. That means that 3 out of every 4 Veterans are spending years in the VA Hamster Wheel trying to . The major causes appear to be sleep deprivation and chronic stress. 4 2. captamericao9. VA Sleep Apnea claim denied. To properly comment on your situation I'd have to know the date (month/year) you were discharged. 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. The symptoms have disappeared or are not severe enough to cause any issues. Free Case Evaluation. In our experience, OSA denials are almost always due to one or more of these five gaps: #1. Beware This Pitfall in VA Sleep Apnea Claims One of the two changes makes it a little easier for the Regional Office to deny your VA sleep apnea claim at the 50% disability rating level. Your odds of getting SC are a whole lot better. If you have a service connected sleep apnea disability, then a CPAP would usually entitle you to a 50% rating. Veterans can submit a claim for service connection on VA From 21-526EZ. Generally, to establish service connection, the veteran needs to submit three things to VA: A current diagnosis of sleep apnea, as confirmed by a sleep study; An in-service event, injury, or illness; and. Jim's Reply: The VA is scrutinizing Obstructive Sleep Apnea (OSA) claims very carefully these days. If you use a CPAP machine, then this should warrant a 50% rating. A doctor at a VA medical center recommends a sleep study for a veteran. Sleep apnea is one of the most common conditions veterans want to file a VA disability claim for. 22% of veterans suffer from Sleep Apnea, however, not all of them will get disability benefits. VA Claims Forums > Appeals > Supplemental Claim Denied - Sleep Apnea. Why would a VA claim for sleep apnea be denied? . 4 2. Veterans can submit a claim for service . To properly comment on your situation I'd have to know the date (month/year) you were discharged. I filed the claim as as secondary to GERD a pre-existing already disability. Aug 11, 2021 #1 I was recently denied my claim for sleep apnea. You submit a supplemental claim with a good IMO/NEXUS letter from a qualified physician. After the sleep study, the doctor prescribes a CPAP. In fact, the va has put together a list of conditions associated with sleep apnea as follows: 1) Heartburn or acid reflux disease. I had a claim in for Sleep Apnea, as I have been diagnosed and prescribed a CPAP. Check out the VA Sleep Apnea Field Manual. The symptoms have disappeared or are not severe enough to cause any issues. Many Veterans are denied VA benefits for Sleep Apnea due to a lack of medical evidence with no in-service diagnosis of Sleep Apnea, and no sleep study. Even if you have a medical diagnosis during active-duty service, without a sleep study this is . No body wants to pay out a little $$ for a good IMO/NEXUS letter. Even if you have a medical diagnosis during active-duty service, without a sleep study this is difficult to claim successfully. . Jim's Reply: The VA is scrutinizing Obstructive Sleep Apnea (OSA) claims very carefully these days. This is always a denial. If you are submitting a secondary OSA claim, consult with a VA accredited agent or attorney. (866) 232-5777 or fill . In our experience, OSA denials are almost always due to one or more of these five gaps: #1. The most documented VA percentages for sleep apnea are as follows: 0% Sleep apnea with documented sleep disorder breathing that is currently asymptomatic. Three Elements of a Successful VA Sleep Apnea Rating Claim. After first reading these examples, the obvious answer is that the private examiner's opinion in VA sleep apnea claim #2 was what made the difference. The VA uses two options for rating most sleep apnea claims. Sleep apnea VA disability claims account for nearly 1 in 4 respiratory claims. Sleep apnea has become the most prevalent service-connected respiratory disability for military personnel. The major causes appear to be sleep deprivation and chronic stress. I had a sleep study completed and the study indicated that I had obstructed sleep apnea and required a CPAP. The nexus letter i review on a daily basis lack painting the picture of the veteran and focus more on the studies on other individuals. According to Lexis' legal research cite, the BVA issued 1845 decisions in Veterans Sleep Apnea Appeals between April 30, 2013 and April 30, 2014. A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness. 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. Diagnosis of Sleep Apnea Veterans that wish to obtain a VA sleep apnea rating should first get a diagnosis from the appropriate medical professional. Allow us to help you get the compensation you deserve. The VA rates all cases individually, but usually follow a guide of qualifying conditions. I'm new to this site. Here is a fairly common situation. VA Claims Forums > Appeals > Supplemental Claim Denied - Sleep Apnea. No current medical diagnosis (within the last 12 months), or improper diagnosis #3. Share. There are three main types of sleep apnea: Obstructive Sleep Apnea - occurs when the throat muscles relax and block your airway during sleep Central Sleep Apnea - occurs when your brain doesn't send proper signals to the muscles that control breathing Complex (Mixed) Sleep Apnea - a combination of obstructive sleep apnea and central sleep apnea 13 posts Supplemental Claim Denied - Sleep Apnea Supplemental Claim Denied - Sleep Apnea. The appeals board found that the veteran met the criteria for a 70 percent disability rating for depressive disorder, and reopened the claim. 4) Narrow air passages in the nose and throat. A current diagnosis of sleep apnea, as confirmed by a sleep study; An in-service event, injury, or illness; and A medical nexus (i.e., link) between their sleep apnea and the in-service event, injury, or illness. Veterans NEED Information and Education to Improve their VA Sleep Apnea Appeals. 4 2. I suppose the reason is obvious; many veterans apply because of the relatively high 50% rating.
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