sleep apnea va claim denied

The VA will call you from the following phone number: 1-800-827-1000. 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. A polysomnogram is a sleep study in which medical devices are used to monitor a persons breathing, heart rate, and the electrical activity of their brain waves while they sleep. If youre dealing with sleep apnea as a secondary condition to PTSD, you arent alone! The third part can be satisfied with a nexus Letter from a qualified medical professional, as noted above. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 What kind of CPAP machine does the VA use? This is rare, because most veterans dont realize they have sleep apnea until after theyve left military service. 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. 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! To understand HOW the diagnosis drives a veterans VA Sleep Apnea Claim, we have to first understand the 3 different types of Sleep Apnea, * Damage to the lungs themselves can lead to OSA. 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. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. A study conducted by the VA Healthcare System for San Diego and National Center for PTSD found that between 40 percent and 98 percent (!) Type II Diabetes & Sleep Apnea Is Sleep Apnea Could Be a Service-Connected VA Disability? The blockage is believed to occur when the muscles in the back of the throat become overly relaxed. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 NOW ITS YOUR TURN. The VA has been moving a lot of claims through this process. 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. Making the Sausage: Heres what you need to know about new VA Claims regulations. The Veteran appealed, and had his first Board hearing (a remand for further development) in December 2009. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. The veteran in VA sleep apnea claim #2 had exactly that. Sleep Apnea: VA Disability Ratings and Benefits | CCK Law Has anyone in your family been diagnosed with sleep apnea? Thousands of other Veterans in our Community are here for you. OSA largely results from a disruption inthe normal breathing process. Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim (FDC)so you can increase your rating faster! 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. If your Obstructive Sleep Apnea was caused by damage to your throat focus on the in-service events that caused that damage. There are cases in which your VA rating for sleep apnea would not be re-evaluated. Sleep Apnea VA Rating | Veterans' Disability Benefits At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law. Even if youve had a sleep study before, its important to get one done within the 12 months prior to your VA claim. Therefore, a well-crafted nexus letter for sleep apnea is the single most crucial document a veteran can provide the VA adjudicator to help prove service connection on an at least as likely as not basis. It is, at its core, an interruption of the communication network between the brain and the breathing muscles. Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). PDF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0495 Claim Denied! Why Your SLEEP APNEA CLAIM Was Denied, and What You Can In order to establish direct service connection for sleep apnea, a claimant must show that they have: A veteran can also establish service connection for sleep apnea on asecondarybasis. The VA will usually order a sleep study to be performed in order to confirm a current diagnosis of sleep apnea. Membership gives you your very own veteran coach to walk you through the VA claim process from start to end, and access to proprietary resources. Was your obstructive sleep apnea (OSA) VA claim denied? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. At its core, Complex, or mixed, Sleep Apnea is a type of sleep apnea with mixed causes. When youre granted a sleep apnea VA rating, you may also be assigned a re-evaluation period (unless the condition is classified as static). In our experience, OSA denials are almost always due to one or more of these five gaps: #1. yet assertive representation for our clients. Typically the re-evaluation period is anywhere from two to five years after your initial examination. All of these can contribute to sleep apnea. People with sleep apnea are four times more likely to have depression than people without a sleeping disorder.

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