Sleep Apnea Claims at the VA
ฝัง
- เผยแพร่เมื่อ 24 ก.ค. 2024
- 0:00 Introduction
0:16 What is sleep apnea? (obstructive vs. central vs. complex sleep apnea)
2:24 Symptoms of sleep apnea
3:40 Direct service connection of sleep apnea (Potential causes of sleep apnea)
5:16 Secondary service connection of sleep apnea
6:49 Secondary service connection by aggravation of sleep apnea
8:03 Obesity as an intermediate step to sleep apnea service connection
9:27 Sleep apnea C&P Exams (VA sleep study, VA sleep apnea test)
10:23 VA reexaminations for sleep apnea
11:22 Tips for sleep apnea VA exams
15:50 VA disability ratings for sleep apnea
17:54 VA unemployability (TDIU) for sleep apnea
19:38 Common VA errors on sleep apnea claims
21:56 Viewer Question: Conditions secondary to sleep apnea
25:22 Things to remember for your VA sleep apnea claim and exam
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I ❤ CCK briefings, energetic very young and intelligent attorneys! I got my OSA, secondary to rhinitis and sinusitis in 2012. I could not get a nexus letter prior my C&P exam, but the examiner gave me the nexus. It is good I took a copy of my sleep study to the exam. God is good!
Thank you very much for your time and posting.
Thanks information God bless you all's veterans
I took the sleep test several years ago and do use the cpap machine. When I took the test the person at the veterans hospital in San Francisco told me that I stop breathing 36 times a minute and that I had a sever case of sleep apnea, this was I believe was three years ago.
Robert McDougall Usmc 1976 to 1982
And.......
You guys are awesome!! Thanks for what you guys do..
I've watched a few of these and the one common denominator in ALL CLAIMS is, the VA isnt going to give to Any percentage without documentation. They are not going to ask probing questions that will help your claim with your promoting. I dont have this SA issue, because my PTSD doesnt let me sleep.
Linda, you will be issued a CPAP machine by the VA ...that was my experience after being diagnosed w SA
OMG. This information is PRICELESS. Where can we get help filing the claim for this? And no one has yet connected my high heart rate (had to stop my heart to get it under control in the emergency room) and my SA. Should there not be a connection there? Its impacting my heart?
@Lance USN Veteran We're glad you found the video helpful! Veterans Service Organizations (VSOs), such as our colleagues at the Disabled American Veterans (DAV), offer veterans free claims help and can be reached at (859) 441-7300
When will VA pay for a sleep app cleaning machine.
Active Duty 2000 - 2011 (OSA was NOT diagnosed while Active duty)
Notified my VA clinic I started snoring recently.
I have OSA w/CPAP Required by VA Sleep Study 10/21
Filed OSA Secondary to Back pain - Denied 2/2022
Filed supplemental OSA Secondary to Depression w/Nexus - Denied 8/22
Filed supplemental OSA Secondary to Depression w/Rebuttal Nexus - in Preparation for Decision phase.
Fingers crossed.
I was diagnosed with T2D and OSA two years after I retired....I have a DBQ and nexus Letter, but still denied, and HLR denied due to lack of evidence....because they lost my paper med.rec.s... what can I do?
@18:30 TDIU: you cannot get IU just on the 50% rating, it has to be one disability that is 60% or higher or one that is 40% with a combined rating of 70% to qualify.
I had a sleep study done and submitted it to VA. I was diagnosed with OSA. I was in the military over 20 years ago sleep apnea was not diagnosed in those days. My claim claim was denied, I appealed that was denied. I submitted it as a supplemental to migraines and mitral valve prolapse and the appeal was remanded and then denied. My husband submitted a statement of concern that was included and offer to testify. I am not overweight. I am so disgusted with VA. I submitted this information to another veteran law firm and never heard back, I guess business is good.
what's the status
Darci, I would encourage you to re apply, not appeal. Appeals take to long, and re applications can be done for life... just re apply for the disability rating. you may reach out to this law firm to get their guidance on this. I would enourage you to contact a Veteran Service Organization (VSO) to help you re apply... I used the DAV (Disabled American Veterans) organization VSO...this is their focus and they did my claim for my disability claim
Keep fighting ...dont give up
Appeal ....to BVA and use your husband Lay Statement as evidence of your OSA while enlisted usually a Federal Judge will give you the benefit of the doubt.
When filing a claim, would it be smart to attach some of the studies or documentation of how sleep apnea is linked to ptsd or allergic rhinitis? Or just a nexus letter from a medical doctor would be enough?
I just completed my C&P exam and I am reading my DBQ questionnaire. I was prescribed a CPAP and use it frequently. However the doctor, indicated that I don’t “require” the use of a CPAP even though I was prescribed one and use it every night. How can I get that changed to reflect to the VA before they complete my rating?
This was really good! I am currently at 80 % I'm going to be filing soon again.
70 ptsd
10 tinnitus
80
70 ptsd and 10 tinnitus doesn’t add up to 80% it’s actually 73% which still consider 70% disability unless is 75% then you can round up to 80%
No. You are currently at 70 %
Prior to getting out of service requested a sleep apnea study but didn't received. Years after received study and diagnosis with sleep apnea is that service connected?
I've had several sleep studies over the years and had a CPAP Machine but now use a oral appliance (mouthpiece) as I can not tolerate the machine. Will VA accept the oral appliance. Also can sleep apnea be secondary to Tinnitus?
My sleep apnea claim was denied despite having a diagnosis of sleep apnea, a sleep study and a prescription for CPAP because it was post service. I showed that I presented chronic fatigue in service and received a rating for depression and anxiety, which I contended that sleep apnea was aggravated by these conditions. The C&P examiner seemed smug and barely spent any time. He told me I didn’t have sleep apnea because he wasn’t reading the documents right. I provided additional proof from the hospital that confirmed everything with the claim. After the denial I got another medical opinion who stated the symptoms were present and that my other service connection disabilities could indeed aggravate the condition. He also stated that it would have been easy for the military to miss due to multiple factors. I was prescribed several medications for disturbed sleep, which I didn’t take due to negative side effects and just lived with the condition. My supplemental claim was also denied. Not sure where to go now. From everything said in this video there shouldn’t be any reason for the denial.
@Ryan K, we're sorry to hear you are having a difficult time with VA. If you are interested in a free consultation to determine if we are able to help you, please reach out to our office at (844) 567-1185
did you file it as a secondary?
I would just let a rep take over and be done with it, sometimes the VA can be difficult doing it by yourself.
Yo tengo ALS y tengo PTSD y tengo aphonia Las tres son cien por ciento puedo yo reclamar por seis condiciones mas. Tengo sleep apnea respiratory condition asthma nerve system chronic anxiety cronic fatigue hyperthyroidism allergic rhinitis. Puedo yo reclamar todas las condiciones junta sin que me perjudique
can agent orange cause sleep apnea? i have a cpac machine from the va. I do not use it all the time due to my sinus issues and side effects from the bladder cancer. I am at 90% from 2 cancers and loss of hearing. can a secondarily claim be made from the above issues?
If I am rated 100% p&t for another condition and 50% for sleep apnea, can they reexamine my sleep apnea. Thanks
Im not military but I have sleep apnea and when I was tested my results was obstructive. But they say I was qualified for benefits. I have a cpa machine but it burns my noise.i have further questions.
I have OSA I was given a CPAP. I believe I should get 50% but is it true if I am service connected to asthma they take away the 30% and add to 50%?
The VA out patient care Hospital in Amarillo in 2012 give a sleep test put a band on my wrist wore it for 5 days at home ! The following week I was diagnosed with a severe case of sleep apnea than I was tested for PTSD in 2017 which my claim was awarded ! But my point is I was denied my sleep apnea clam but was put on a CPAC which helped some ! Va said we didn’t give you sleep apnea so we denied your clam ! All I said I had sleep apnea while in the service we had no sleep test than or didn’t offered it ! But was told by a VA doctor that sleep apnea to be linked to other illnesses such as I had congestive heart failure in 2012 ask him what could have caused this some doctors think sleep apnea could set off several medical issues high blood pressure, diabetes, congestive heart failure ! Have all of this than some issues as COPD !
I have a 30% disability for Bronchiectasis with chronic obstructive pulmonary disease from VA, if I get a nexus letter from my Respitory Doctor can I make a case for sleep apnea as a secondary?
In your experience, how common is it for VA to award a 30% rating for sleep apnea instead of a 50% rating because the treating doctor did not assert somewhere in the record that the breathing assistive device is medically necessary or medically required?
@BodiedUp, if VA denies a higher rating than 30% for sleep apnea, you have the right to appeal and submit additional evidence, such as lay testimony, demonstrating that you require a breathing assistive device. To learn more, check out our blog: cck-law.com/news/news-va-rate-sleep-apnea/
I have been on medications (pain medications) prior to and after back surgery while on active duty. One of the side effects for certain pain meds is respiratory depression. I would wake up at night gasping for breath and actually would wake myself up from snoring. That being said, I never sought medical treatment for sleep apnea. After retiring from service, the sleep apnea became worse to the point I sought treatment thru the VA. Since then I have had at least 6 sleep studies. I went from a CPAP and now on a BIPAP due to obstructive apnea and Central apnea. I am currently at 80% but get paid at the 100% due to TDIU. Would it be to my advantage to put in for a sleep apnea rating? Thank you
100% yes
My redeployment from Iraq was in February 2010. I requested sleep studies from the Panama City Beach VA for over 4 years before I finally had to request a referral to see a civilian test center. Naturally I was rated at severe and given a BiPAP machine requiring a higher psi of air be forced through (18 psi to stop snoring alone). Why would the VA give me a nearly $3,000 machine, but not service connect the condition or acknowledge the length of time it tool to receive help? I've recently received one of several "buddy letters" showing that I experienced the obstructed airway and severe snoring while deployed in Iraq. Hopefully this 10+ year struggle will amount to something
What if you use your cpap religiously and still have day time fatigue
If a veteran is 70% connected to ptsd, and a few other small percentages for tinnitus, TMJ, knee and shoulder problems are added to a total of 90%, will getting sleep apnea granted at 50% as a secondary condition to ptsd get me to 100%? Thank you.
Dude really?
Do the different types of Sleep Apnea determine which condition it can be linked to Secondary speaking?
For example, Obstructive Sleep Apnea linked to obesity to PTSD.
But, Central Sleep Apnea linked directly to PTSD? Since it's a brain issue?
Ok this is Orrin Savage and I totally understand what you are talking about cuz I use a c pap machine and have had a sleep study and it's been turned over to the VA and they furnish all my supplies. But I was denied any compensation for it I would like to know if it can b connected to my tintinnus some how
Yes as a secondary condition. Get with DAV to do your claim (Disabled American Veterans)
Would getting hit in the Nose playing Baseball with Officers and Chiefs against Enlisted be considered as service connected for a Sleep Apnea Clain.
Question, what if you filed a claim for sleep apnea and was denied. But two years later you was rated for PTSD could u use sleep apnea secondary to my PTSD. Although I tried to get an increase on my PTSD an I was denied, would it be wise to try a secondary condition to my PTSD..??
PTSD was formally recognized as a disability in 1980, long after the Vietnam War was over! Prior to that time, what were Veterans diagnosed with that would later be called PTSD? I left Guam in a medivac plane in 1972 after becoming progressively sicker, unable to sleep or eat for over two months! Have suffered ever since and now have Sleep Apnea at 70 years old 154lbs, non smoker/minimal drinker/no drugs! I'm at 10% since 1975, 2013 the VA determined me "UNEMPLOYABLE", 2022 VA sleep study recommends CPAP! Waiting on appointments for review test results! Should I refile now that the PACT act is in effect?
But how can I connect the disability to military service?
what if you were overweight in service and gain more and more weight after service?
I had a previous rating decision dated May 21, 2010 which was denial. So I re open the claim march 2019 and now it is before the board. If I am awarded the claim, how far will VA go back for back pay?
Hello Mr. Allen, usually the new effective date would be the day you filed the new claim if your old claim was passed the deadline to appeal. Hope this helps! cck-law.com/blog/cck-live-effective-dates/
I’ve had sleep apnea since having broken my nose during active duty. I’ve applied for and been denied apnea conncetion numerous times since exiting service. 19yrs later, the VA conducted a sleep study and granted me apnea and a cpap unit. It seems I should rate a 50% rating now, but would I also be alíviele for 19yrs of retroactive pay for apnea?
From what I seen, you would not get 19yrs of retropay. Only from the time you filed.
I suffered blunt force trauma to my jaw as well and have gone all the way to appeals where they remanded it. Are you getting anywhere?
How about if I have a dental appliance instead of CPAP, will that be consider at 50 percent rating?
Yes.
Can a Gulf War 1990 to 1991 veteran have COPD and sleep arena? I was exposed to the oil well fires. I served in the Navy.
Wow it's sad to hear that sleep apnea is a disability that's not what they told my husband
Can you do this ppgram or information in spanish language
What about hypertension I read that HBP cause s sleep apnea.
What about hypertension does it cause sleep apnea? Are secondary to hypertension?
This is glorious, I have been researching "what is the best way to sleep with sleep apnea?" for a while now, and I think this has helped. Ever heard of - letochy fast apnea plan - (should be on google have a look ) ? It is an awesome one of a kind product for discovering how to get rid of sleep apnea minus the headache. Ive heard some super things about it and my mate got excellent results with it.
The VA fights SA claims more than ANY other claim. I am a DAV officer and I see it hands down.
yes
Fibber
I have been watching your video's for long time. Any way I hope you guys are are safe and happy. My question is about sleep apnea. I got out of the army in May 2016 and I have VA 90% rating. I have been seeing the va doctor for GAD, Hypertension, Low back and headaches. I am trying to apply for sleep apnea. I got this problem during the army time. The army and va marked my sleep issues as sleep disturbance and it falls under mental health which I already 70% sc. Now I found my bunk made who I stayed with in the army and he said that he heard me snoring and I have video of me snoring from Feb 2017. How can I get service connected? Any help will be great.
888-604-0234 (Disabled American Veterans) DAV call ASAP
Hello I have been diagnosed with PTSD I'm at 70%. I did a sleep study with the VA and they gave me a CPAP machine. I applied for sleep apnea disability but was denied. I had 20 episodes an hour starting It's been up and down since. Can you help me?
Thank you for reaching out, please reach out to our office at (844)567-1185 to determine if we are able to help you.
My Marine passed on July 2018 with an open VA disability claim which was transferred to me after he passed. He was seeking additional disability for sleep apnea, as well as other ailments. The claim was denied & closed in Nov 2019. Can I appeal the decision? He was diagnosed with sleep apnea after retirement through a VA hospital. It was not in his service record. He was hospitalized when his C&P exam was scheduled, and passed one week later in the hospital. What can I do?
So sorry for your loss.😢
@@antonioreyes2692 thank you!!
Can depression and anxiety cause sleep Apnea? I believe that I have 50% claim because I use a cpap machine with 3 liters of oxygen. I had a sleep test done through the VA and was diagnosed with severe sleep apnea. I put in a claim and I was denied. What should I do next?
Research shows that veterans with PTSD have a higher risk of developing sleep apnea. Sleep deprivation, insomnia, hyperarousal, and daytime sleepiness all affect both PTSD and sleep apnea and may apply similarly to other mental health conditions. cck-law.com/blog/sleep-apnea-secondary-ptsd-va-disability-benefits
@Phoenix DJ's If your claim has been denied, we may be able to help. If interested, contact our office for a free consultation at (844) 567-1185. Thank you!
I'm service-connected for injuring my knees in jump school. I started gaining weight while in the army and ended up being denied re-enlistment due to my weight. The VA diagnosed me as obese and did a sleep study and issued me a CPAP machine. Would it be worth my time to put in for OSA secondary to my knees and weight gain?
Yes. Apply based on secondary service connection to knees with obesity as "intermediate step" to OSA.
Is there medical evidence that congestive heart failure and cardiomyopathy also claimed as asteriosclerotic heart disease and cardiomyopathy can cause sleep apnea. If your firm were to represent me, who would be responsible for getting the Nexus letter?
@Larry Bowser, Establishing a secondary service connection involves proving that your sleep apnea is a secondary or residual effect of another condition. Our company gets involved in the appeals stage of a claim, meaning we help once VA denies a claim.
I went to the hospital at 4am for acid reflux that woke me up and it's documented in my service record. Could my OSA be service connected based on that incident since acid reflux is a symptom of OSA? Or does it have to be an actually injury that causes it to be service connected?
Baron If you incurred it during your time while active duty, that is all that is needed.
I have sleep apnea but my lower back starting hurt for sleeping on my back while wearing the cpac
I did that route and denied. Trying to get a hold of my C&P examiners notes for reason as to why “less likely”...
does VA do "CPAP compliance"
good point i feel like darth varder every nite when i go to bed like count dracula straight on your back
I have been diagnosed by the VA with Sleep Apnea and have been issued a CPAP devise by the VA for it. Right now the VA has listed my Sleep Apnea disability rating as DEFERRED since 06/18/2018. How long do you think that it will be before they make a determination? And is there anything that I can do about it?
Have you seen sleep apnea secondary connected to asthma ??
@Mike King, Check this out to learn more. cck-law.com/blog/news-board-erred-denying-sleep-apnea-secondary-asthma/
my discharge from Air Force was 20% for my back injury, I was not able to exercise like I did prior to my injury. The obesity could help me do a secondary for sleep apnea???
@ Robert Bamman, generally speaking, obesity could link a service-connected condition to a non-service connected condition Our blog may be able to provide some answers for you. cck-law.com/blog/how-does-va-rate-sleep-apnea/
Robert Bamman yep yep
I have hearing loss, Tinnitus and depression ratting . I been diagnose by VA with sleep apnea with cpap machine . Can any one be a secondary with apnea ?
That’s the similar spot I’m in and still was denied.
I have been diagnosed with severe sleep apnea and doctor at va said it was because of my weight but I am still not able to use the cpap machine because of my deviated septum. This was due to a broken nose in the service and I am at 0 percent for that. The va will probably still deny this.
How do I get in touch with you about my sleep apnea?
Mr. Hall, please visit our website to see if we can assist you: cck-law.com/contact-us/
What about back problems
Got denied OSA secondary aggravation to my back. It can be done, but difficult...
I was diagnosed with Sleep Apnea by the VA. I had to stay overnight to study my breathing in a contract facility. And the VA issued me a CPAP machine. While in the Air Force, I had surgery for a deviated septum by an Army doctor in Germany. Can I put in a claim for sleep apnea with the VA?
@GregoryFortner, Thanks for reaching out. If you developed sleep apnea during your military service, you could be eligible to receive disability benefits. When filing a cliam we recommend working with a Veterans Service Organization (VSO), such as our colleagues at the Disabled American Veterans (DAV). They can be reached at (859) 441-7300
yes you can and it is usually 50%
yes let the experts handle it and just pay the fee.
Did he say "hypersomnia" at 3:25 of this video?
@Floyd Holt We refer to Hypersomnolence, which is a condition where a person experiences significant episodes of sleepiness, even after having 7 hours or more of quality sleep.
@@CCK_Law if I have sleep apnea connected to PTSD. Could I still connect this to sleep apnea?
The VA is notorious for not volunteering any info on benefits.. But if you find out and ask about it, the usual response oh yeah you are entitled to that. Didn't we tell you? Perfect example being a clothing allowance.
Is it possible to file and win a claim after being discharged for 30 years?
Hello @Johnny Findley! There is no time frame that veterans must meet to file a claim for benefits. If you believe that your condition is caused by military service, we encourage you to file a claim. If you would like free claims help, we recommend working with a Veterans Service Organization (VSO), such as our colleagues at the Disabled American Veterans (DAV) who can be reached at (859) 441-7300. Thank you!
Thank you so much for your reply, I will be contacting them.
most definitely...as a vet you can apply for disability for life as conditions can get worse over time. if the condition worsens there is a good chance you will get an increase in rating
I am currently represented by CC&K. I also have sleep apnea. The VA has given me a CPAP machine after the examination. I have nerve damage from my service connected disability, which I take pain medication for. This causes me to be somewhat inactive for much of the time , which causes me to be overweight. This contributed to my sleep apnea as well as my service connected disability requires me to lie in bed in such a way that makes my apnea worse. Even with the machine, I stay tired most of the day. I was still denied recently. What can we do? I also have developed type 2 diabetes due to nerve damage which causes pain which causes me to be inactive and depressed causing me to gain weight.
@Jeramy Felton, thanks for watching! We are honored to be representing you in your VA disability claim. If you have a question regarding your case and how it is being handled, we encourage you to reach out to our office and speak with a member of your team. In the meantime, if you would like to learn more about secondary service connection, please visit: cck-law.com/news/secondary-service-connected-disability/
@@CCK_Law I will do, thanks! You all have been amazing!
That sounds a lot like me.
If you have filed a claim for sleep apnea. Please pay attention to how the VA scheduled and conduct your C&P exam. Mine was scheduled through the Acceptable Clinical Evidence process. The nurse Practitioner only reviewed my VA treatment records and did not review my military treatment records at all. I was not present nor called to be informed that a C&p exam was conducted in my case. She use my post service obesity as a basis to deny me. If she would have reviewed my military treatment records she would have seen my obesity was an in issue halfway in my military career which was cause by my primary sc condition.
I was not allowed the opportunity provide my side of the story/claim!!!!
Hello Marcus! We just posted a video teaching veterans how to challenge C&P exams that they do not agree with. Check it out if you are interested! Best of luck with your claim! th-cam.com/video/_cLSfIH4qjQ/w-d-xo.html
Ok tekup
What about insomnia?
8:25
Regardless of the disability you have, if its not in your service medical records there's no disability for you why do these videos
Christian, Christian, Christian