1155 that the VASRD ratings reflect average losses in earning capacity. The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. (You wont hear a peep from us otherwise. This has a significant impact on claims. Phoenix, AZ: One Renaissance Tower, Two North Central Avenue, 18th & 19th Floor, Phoenix, AZ 85004 If you are currently rated at 50% for sleep apnea- you need to expect to be reduced to 0% if you open a new claim or apply for an increase. On the surface, this seems kind of fair (even though it sucks) because VA ratings are supposed to represent a Veterans loss of earning potential due to service-connected disability. We'll assess your situation and determine how we can help you get you the VA benefits you deserve. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 Since sleep apnea can correlate with conditions like heart disease and obesity, its important to seek treatment options. The public has 60 days (until April 18, 2022) to provide feedback on the proposals before any final deadlines can be set. Similarly, veterans diagnosed with tinnitus would need to meet a higher standard in order to receive higher levels of disability compensation. It may not surprise you to learn that some veterans are receiving over $1,000 a month in VA disability compensation for the condition. The sleep study, as we touched on above, measures nighttime symptoms, such as irregular breathing and elevated heart rate. Feel free to skip ahead to the changes if you already know this stuff. In this blog post, we will discuss the proposed changes and what they could mean for veterans. The third part can be satisfied with aMedical Nexus Letter, aka, Independent Medical Opinion (IMO)from a qualified medical professional. Is the new claim worth at least 50%? And if you are getting treated for a condition and the treatment is totally effective, then your earnings arent harmed by that disability. We are sorry that this post was not as useful for you! Legal Help for Veterans is a law firm helping veterans get the benefits they deserve. We use cookies to optimize our website and our service. Vets' disability benefits for tinnitus, mental health issues may change These cookies dont collect information that identifies you. These cookies do not store any personal information. Can I Appeal The Effective Date? Sleep Apena - HadIt.com Veterans Filing Claims for Secondary Conditions - Hill & Ponton, P.A. These cookies may be set through our website by our advertising partners. Why Hire CCK for Your VA Disability Appeal? Are you one of the 25,000 veterans awarded service connection for obstructive sleep apnea just last year? New VA proposal would almost eliminate all Sleep Apnea ratings - Reddit Please call for an appointment before visiting: Mail Processing Center: P.O. Sleep apnea is a potentially serious sleep disorder in which a person intermittently stops breathing throughout the night. The most trusted name in education-based resources for Veterans. No fewer than 420,000 veterans who served after 9/11 have service-connected sleep apnea. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. If you have sleep apnea that you think is connected to your military service and you have not yet filed a disability claim, do so now. However, the VA rates sleep apnea needing a CPAP at a minimum of 50%. By using our website, you agree to the use of certain cookies. The VA apportions higher ratings to veterans when their treatment provider prescribes more intensive therapies without considering whether the patient first tried conservative therapies. As many as 60,000 of these veterans are Iraq and Afghanistan war veterans. Modernizing the evaluative rating criteria for sleep apnea, using developments in medical knowledge to evaluate it based on its . This can range from CPAP therapy, lifestyle changes such as diet, exercise, and others. If successful, the VA will have successfully eliminated a large portion of many veterans disability claims. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Lawyers 6940 O St, Suite 400 Lincoln, NE 68510. Pricing, Press Release Editorial Guidelines First, we take a deep dive into what sleep apnea is, who tends to be affected by it, and how the VA currently rates it. A 0% rating is the bare minimum level of service from the VA. How to Service Connect Sleep Apnea secondary to PTSD. Right now, service-connected sleep apnea is assigned a 50 percent rating if you are prescribed a CPAP machine. If made VA policy, a veteran who is prescribed a CPAP machine would not automatically receive a 50% rating. Use our combined rating calculator to figure out your combined rating. You would get a 50% rating only if CPAP treatment was ineffective based on the results of a sleep study or you cant adhere to the treatment due to another condition. The VA hid this truth inside a separate VA document. Service connection on a secondary basis requires a showing of causation. VA to offer new procedure to help Veterans with central sleep apnea However, it also unintentionally exposes why the VA is proposing these changes. These cookies collect information about how you use our website. A veterans final VA disability rating for Sleep Apnea depends upon the frequency, severity, and duration of symptoms, meaning, the more severe your symptoms, the higher the VA rating for Sleep Apnea. This storage is often necessary for basic functionality of the web site or the storage may be used for the purposes of marketing, analytics, and personalization of the web site such as storing your preferences. The Department of Veterans Affairs is proposing changes to the VA Schedule for Rating Disabilities specifically pertaining to the respiratory, auditory and mental disorders body systems. 1155 that the VASRD ratings reflect average losses in earning capacity. This, in turn, would allow for more accurate compensation for service-connected disabilities. Permanent and Total VA Disability Ratings for PTSD, Most Frequently Asked Questions about VA Sleep Apnea Claims. As we unfortunately know with the VA though, anything can happen. The most common rating for service-connected sleep apnea is 50 percent based on needing a CPAP. We invite you to contact us and welcome your calls, letters and electronic mail. Do you take naps? Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 For more information, contact a veterans disability advocate from Veterans Help Group. How do I prove VA disability for sleep apnea? Comorbidities refer to qualifying conditions that impede or prevent the use of sleep-apnea treatments in the opinion of a qualified medical provider. Public comments are due by April 18 and can be submitted online (https://www.regulations.gov/document/VA-2022-VBA-0009-0001). That includes things like how many apneas you had per hour, how much you moved around, your breathing rate, and your blood oxygen levels. Potential changes to How the VA rates mental disorders, sleep apnea 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). They may also be used to keep track of what [products, video, links, etc.] we represent clients nationwide. In response to these severe conditions, the VA ratings will be evaluated based on the effectiveness of treatment and the conditions impact on a veterans earnings. You may also be asked to fill out what is called a Disability Benefits Questionnaire or a DBQ. It would assign a 50% rating when "treatment is either ineffective or a veteran is unable to use the prescribed treatment due to comorbid conditions.". All of a veterans service-connected disabilities are then combined to determine their overall percentage rating. VA announced on February 14 that it intends to change the way it rates sleep apnea for veterans. It ensures the veteran can receive health care for the disability, but the VA does not compensate the veteran. A change in the standards for VA sleep apnea rating, however, is setting out to change that. Studies have shown that war veterans exhibiting these symptoms tend to have increased frequency and length of apneic events that can be proven by a medical professional. See Richard B. Berry, Fundamentals of Sleep Medicine 238 (2012). 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. Heres a quick litmus test: If you snore during sleep, are tired during the day (maybe you take frequent naps), and stop/start breathing while sleeping (gasping for air), chances are you might have Sleep Apnea. You earned it, and now you need to prove it. Sleep apnea can either be a primary condition or a secondary condition. These proposed changes for sleep apnea comply with 38 U.S.C. A person must have a polysomnogram, either in a sleep lab or at home, in order to be diagnosed with sleep apnea. Depression is one of the most common By submitting this form I give express consent that this serves as my electronic signature to being called, text or emailed regarding a free consultation to determine if Veterans Help Group can help me with a Social Security and/or Veteran's Disability claim. I was awarded 30% service connected for sleep apnea when I left the military in 2008. Updated: January 26, 2023 What is Sleep Apnea? If thats the case for you, its OK to let the examining physician know. She has also spent several years working with the Department of Veterans Affairs audiology programs in Salt Lake City, UT and Pocatello, ID. Picking up on that last point, 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. To find out more, view our Privacy Policy. Contacting us does not create an attorney-client relationship. Under the current rating schedule, VA issues ratings at 0, 30, 50, 100 percent for sleep apnea even if treatments are effective at dealing with the condition. Sleep Apnea is a potentially serious sleep disorder in which a persons breathing is repeatedly interrupted, or ceases, during the course of a nights sleep. Standard cellular rates will apply and the caller may utilize an automated dialing system. PDF 8474 Federal Register /Vol. 87, No. 31/Tuesday, February 15, 2022 Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 The VA has technically met the duty to assist, but the veteran receives little to no actual assistance. Do you feel tired or sleepy during the day? If treatment for sleep apnea provides only limited alleviation, you will only receive ten percent of your maximum compensation, even if a CPAP machine is required. A showing of causation requires that the secondary disability be shown to be proximately due to, or the result of, a service-connected disability. The complications from sleep apnea can be quite severe. The VA refers to mixed sleep apnea as a combination of the obstructive and central forms of the condition. Appeals to the Board of Veterans Appeals, Appeal to the Court of Appeals for Veterans Claims, Increase Veterans Affairs Disability Rating, Total Disability Based on Individual Unemployability (TDIU), VA Mental Health: Legal Help for Veterans, Veterans Affairs Compensation for Sleep Apnea, VA Rating for Traumatic Brain Injury (TBI), Camp Lejeune Water Contamination Symptoms, 2023 Veterans Affairs Disability Rate Increase, VA assigns a disability percentage, or rating,. Its also important to document whether you have a breathing machine, such as a CPAP or BiPAP, as this is the most common difference between the 30% and 50% VA rating for Sleep Apnea. Importantly, for veterans currently receiving disability benefits for one of these conditions, the changes will not take away any existing benefits or lower their disability rating. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. Contacting us does not create an attorney-client relationship. Veterans would receive ratings of 10 percent or more for sleep apnea "only when treatment is either ineffective or the veteran is unable to use the prescribed treatment due to comorbid. Effective Dates for Secondary Service Connection | PTSD Lawyers - Berry Law The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. Researchers are only starting to link long-term exposure to toxic smoke and chemicals including burn pits and Agent Orange exposure to sleep apnea. Camp Lejeune Lawsuit. You know what I love about being prior service? The technical storage or access that is used exclusively for statistical purposes. This link could explain the high levels of sleep apnea among veterans of the wars in Iraq, Afghanistan, and Vietnam. Questions About VA Ratings for Sleep Apnea | Cuddigan Law Sleep apnea is a common condition that affects about22 million people nationwide. Press Release Distribution Another trauma-related condition, including PTSD caused by, Sleep apnea secondary to Gulf War Syndrome. I figure these take a while. Sleep Apnea VA Rating Changes Are Coming. All Rights Reserved. VA Rating for Sleep Apnea Explained - The Experts Guide Doctors also recommend changes in your diet, exercise, and stress reduction. If so, how often and how long are your naps? If you are one of the veterans that answered yes at the outset, you do not have to worry about any proposed changes. CaseWire Announcements If you do not allow these cookies, you will experience less targeted advertising. 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. Newsrooms for Law Firms How to File a Claim on VA.gov (step-by-step)! These machines create airway pressure to help the individual breathe throughout the night. If you are a veteran suffering from sleep apnea due to your military service, and your symptoms make it difficult to work, or you were denied benefits for this condition, call Cuddigan Law at 402-933-5405 or email us for a free evaluation. We also see cases where other factors are at play. VA may deny a sleep apnea claim based on different aspects, whether theres not enough medical evidence of sleep apnea or perhaps no logical connection between your military service and your current sleep apnea. A 50% rating would be given if treatment was ineffective or you were unable to use therapies due to another condition. The major overhaul will affect disability rating criteria for sleep apnea. Created Date: 6/4/2023 7:10:06 PM . These cookies are necessary for the website to function and cannot be switched off in our systems. Any situation where you stop breathing for any period of time can be potentially dangerous. Sleep apnea secondary to PTSD is the most common way to service-connect secondary sleep apnea. You're not alone. Whether treatment grants incomplete relief or is ineffective, would depend on the results of a sleep study. With hundreds of thousands of veterans requiring the use of a CPAP machine, it doesnt take a mathematical genius to deduce that VAs proposed rule change is motivated by cost-cutting. If the proposed changes were to take effect, this would no longer be the case. Estimate your 2023 VA Rating & Compensation for FREE! As a result, the VA will reevaluate veterans with a current sleep apnea rating under the new regulations anytime they file for an increase or additional claim. Bringing someone with you to the appointment may also be useful. It was found and the VA agreed that I needed to start using the CPAP. By law, there are three elements that must be satisfied for Sleep Apnea Secondary VA Claims: The first part can be satisfied with any existing medical evidence in service treatment records, VA medical records, or any private medical records. Loved ones like family or close friends could also be a good help in sharing how your sleep has changed. By advocate the VA is prohibited from reducing your rating based on a change in the rating schedule. contact a veterans disability advocate from Veterans Help Group. Sleep apnea may be defined as complaints of unintentional sleep episodes and/or awakenings and/or snoring associated with an apnea-hypopnea index (AHI) equal to or greater than 5 per hour or, alternatively, an asymptomatic patient with an AHI greater than 15 per hour. Legal Help for Veterans, PLLC, is a Michigan-based veteran benefit law firm that concentrates only on service-connected disability claims. The information you obtain on this website is not, nor is it intended to be, legal advice. The second part can be satisfied with a veterans existing service-connected disability rated at 0 percent or higher. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Look for the seal behind the text. AIR FORCE The Department of Veterans Affairs has proposed changes to the VA Schedule for Rating Disabilities that pertain to the respiratory and auditory systems. Do you currently smoke, or have you smoked in the past? Veterans with severe sleep apnea may experience the following complications: Cor Pulmonale, one of the severe complications, is a type of heart failure where the right side of the heart has to pump harder than the left side due to the high blood pressure that one develops from sleep apnea over time. A nexus letter is a letter that simply states that your sleep apnea is as likely as not to have been caused by your service-connected PTSD, or another service-connected condition. VA would assign a 10 percent evaluation when treatment yields "incomplete . Currently, 9 out of 10 veterans with service-connected sleep apnea are rated at 50% and are prescribed CPAP therapy. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Central sleep apnea occurs when the brain doesn't send the proper signals to the muscle that controls . More details on where to submit comments and who to contact can be found here. How Will These Changes Impact Veterans Monthly Compensation? Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. In February 2022, VA dropped an alarming blog post proposing updates to ratings schedules for a number of disabilities, including sleep apnea. However, the Veteran can always reopen their claim with new and relevant evidence. As a result, this is a high value VA claim. If you are rated at 50 percent, you likely are well aware that simply your use of a CPAP machine is the sole reason for that rating. Recently, it has been widely accepted by the, According to theNational Sleep Foundation, insomnia is a chronic sleep disorder, characterized by complaints of unsatisfactory sleep, despite having ample opportunity to sleep. Copyright 2022 Veterans Help Group All Right Reserved. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. Sleep apnea is a chronic condition that typically gets worse over time, not better. Making matters worse, in June of 2021, Philips recalled millions of their CPAP machines because the sound reduction foam has been linked to respiratory illnesses and cancer. Ratings above 10 percent are appropriate only when treatment is ineffective because of the severity of the condition or complications because of the veterans comorbidities. When you visit web sites, they may store or retrieve data in your web browser. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Hypersomnolence (i.e., excessive daytime sleepiness), Mental anxiety and/or depression related to combat, Use of alcohol, sedatives, certain medications or tranquilizers. The VA seeks to set a 10 percent rating when treatment yields incomplete relief. She was a former US Airforce civilian employee, who worked at Hill Air Force Base, in Layton, UT as a flight testing administrator. . The proposed rule notes which DCs may be combined with DC 6847. VA Proposes to Change How it Rates Sleep Apnea Veterans Benefits for Social Anxiety Social anxiety may not sound like a condition that would VA Hearings Explained - Donnel Beckles, Managing VA Advocate, Veterans Help Group Donnel Beckles Top 10 Reasons Your VA Claim Gets Denied Donnel Beckles, Managing VA Advocate, Veterans Help Jun 27, 2023 | Conditions, Veterans Disability Blog. Proposed updates to VA disability rating schedule sleep apnea secondary connection with PTSD, Denied for Benefits? Do I want to keep my claim as is? Northville, MI (Law Firm Newswire) June 29, 2022 The VA plans to change its disability rating criteria for several conditions to ensure that veterans compensation benefits match their medical conditions. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. A CPAP machine is basically a mask connected to a machine that you wear at night. VA does not propose any change to current paragraph (b), which discusses veterans who received, or were entitled to receive, compensation for tuberculosis as of August 19, 1968. I can tell people exactly what I think of their short-sighted attempt to rob veterans of their benefits. Many veterans are diagnosed with obstructive sleep apnea, and thereforewith an effective claim that includes the right evidenceshould be eligible for a sleep apnea VA rating. How VA Rates Disabilities 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. Reveals 100+ SECRET Federal & State Veteran Benefits! These VA disability changes are a way to save a few bucks. For example, there are separate categories for the digestive system, respiratory system, and the musculoskeletal system. However, if the proposed changes are finalized, veterans should consult with an attorney to determine whether applying for increased compensation is advisable. There are risk factors that overlap in both disorders affecting sleep apnea and symptoms of PTSD, oftentimes aggravating the conditions. I know there is a possible VA update to how it is rated though. Videos about what Sleep Apnea is and Veterans sharing their Sleep Apnea experiences. Getting benefits for sleep apnea is a three-step process. His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. Vietnam veterans also have sleep apnea in high numbers. Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. A 50% VA sleep apnea rating "Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine.". Do You Qualify for Long Term Disability Benefits? The VA has before recognized that sleep apnea can be aggravated by PTSD (Post-traumatic stress disorder), but a letter may still be required by a professional making the connection in order to receive VA disability benefits. So, if you have a 50% sleep apnea rating that has been in effect since 2002, the VA can not reduce your rating, even if they finalize their proposed changes. In fact, did you know U.S. military veterans are nearly four times (4x) as likely to have or develop sleep apnea when compared to those who didnt serve in the military? Contact us now. Having PTSD or another psychiatric condition, such as anxiety/depression. The VA hides this under the veil of modernization. It is nothing more than a way for the VA to refuse to pay veterans benefits. However, they will do this through the use of a 0% rating. You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or requires tracheostomy, Requires use of breathing assistance device such as a CPAP machine, Asymptomatic but with documented sleep disorder breathing, Episodes in which you stop breathing during sleep (usually observed by your spouse or partner), Difficulty falling or staying asleep (insomnia), Excessive daytime tiredness (hypersomnia). Many veterans rely on sleep apnea to help them achieve an overall 100% rating. 30 Percent: You are experiencing persistent daytime hypersomnolence (daytime sleepiness that does not improve even with sufficient sleep) 50 Percent: You require the use of a breathing assistance device, such as a CPAP machine Since this Recognizing and Addressing An Underrated Veteran Disability Military Sexual Trauma (MST) is sexual harassment and or sexual assault experienced by a military service member. According to the Mayo Clinic, Sleep Apnea is a potentially serious sleep disorder in which breathing repeatedly stops and starts..
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