What Are Vas Eligibility Criteria For Sleep Apnea Disability
To be eligible, VA needs documentation and proof of the following three things:
These are the basic requirements.
If you have an in-service diagnosis of sleep apnea in your military records, that is good news. You should meet with little or no resistance from VA in pursuing your claim and gaining your deserved benefits.
But most veterans were not diagnosed with SA during their active military service. Accordingly, VA does not require an in-service diagnosis. If this is your situation, you need to have a sleep study done to provide VA with a current diagnosis that you have the condition.
You also have the burden to provide the service-connection link, as follows.
Sleep Apnea And Disability Claims
Some estimates claim that 22 million Americans suffer from sleep apnea. And whats more, up to 80 percent of the cases of moderate and severe obstructive sleep apnea go undiagnosed. Further, when left untreated OSA can lead to high blood pressure, chronic heart failure, stroke, and other cardiovascular problems. Folks with type 2 diabetes and depression often experience OSA. It may also be a factor in many traffic accidents and accidents involving heavy machinery because of the persistent drowsiness individuals experience. But, what about sleep apnea and disability claims? Could you qualify for Social Security disability benefits?
Two Types of Sleep Apnea:
Obstructive Sleep Apnea
The most common type is obstructive sleep apnea . This occurs when the tissue in the back of the throat slackens and obstructs your airway. It is often associated with obesity and loud snoring.
Central Sleep Apnea
A much less common type of sleep apnea. Central sleep apnea occurs when the brain stops sending the correct messages to the muscles that involve breathing. It may be related to heart failure and brain damage.
Complications of Sleep Apnea
Interestingly enough, many people are completely unaware of their sleep apnea. However, they may suffer from a severe case in which they are being regularly awakened throughout the night, and get very little sleep. This results in being very sleepy and tired throughout the day. They may also experience irritability, headaches, and even depression.
How To Obtain Va Disability Compensation For A Sleep Disorder
The first step in obtaining VA disability benefits is to show the VA that your disability is related to or began during your military service. To accomplish this, a veterans claim and the evidence that the VA develops must show three things: that the veteran has a current disability, an in-service injury or illness, and a connection between the current disability and the in-service injury or illness.
In the case of sleep disorders, many veterans may have started experiencing symptoms during their time in service. Many veterans, for example, develop severe snoring during service, or are told by roommates or significant others that they stop breathing in their sleep. These can be symptoms of obstructive sleep apnea that continues to progress after a veterans service.
Many times, the veteran did not seek treatment for sleep issues during service because at the time they didnt realize that they had a sleep disorder. In these cases, it can be difficult to gather the evidence a veteran needs to be service-connected for their sleep disorder.The experienced attorneys at Berry Law Firm understand the requirements of VA law and regulations and know what kinds of evidence the VA looks for in deciding claims for VA disability benefits for sleep disorders. If the VA has denied your claim for benefits for a sleep disorder, contact us today and let us review your file.
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What Cpap Machine Does The Va Use For 50% Rating
Importantly, the 50% rating requires a breathing assistance device. There are various devices that VA allows in order for a veteran to get a 50% rating.
First, it is helpful to know the history behind the 50% rating.
In the past, all an eligible veteran needed for a 50% rating was to submit medical proof of a diagnosis of sleep apnea.
Things changed on April 18, 2016, when VA issued a new rule that a breathing assistance device is medically required to earn the 50% rating. This supports the severity of the disability for rating purposes, and supporting documentation should be submitted by a qualified physician. As you will see, the physicians opinion stating that the breathing device is medically required is very important.
The exact wording for the 50% rating is Requires use of breathing assistance device such as continuous airway pressure machine.
Clearly, a CPAP apparatus is just one of several acceptable breathing assistance devices for a veterans rating and subsequent treatment of sleep apnea. Each claim and individual is unique. But initially, VA raters were inclined to favor CPAP machines and not give much weight to other breathing assistance devices as viable options for the disabled veteran.
VA has now updated its adjudicators manualthe M21-1 Adjudication Procedures Manualwith more specifics for the raters to mutually adhere to. These updates include details about
- Sleep Studies
Of great importance to your sleep apnea VA claim is the following requirement:
What Are The Va Compensation Rates For Sleep Apnea
Are you a member of the armed forces and need information about the VA Compensation Rates for Sleep Apnea in 2019? Sleep apnea is a serious sleep disorder that can have life altering side effects and the most common respiratory disability among veterans.
Veterans filing for compensation in 2019 will need to provide indisputable medical evidence that they are experience problems from Sleep Apnea and need their CPAP machine on a nightly basis. A VA Rating of 50% means that a CPAP machine is required for night time sleep.
Many veterans believe they must have participated in a sleep study during their service in order to qualify for VA benefits. This is not true and recent expansions make more people eligible for sleep claims than ever!
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Is Sleep Apnea A Disability
Sleep apnea is a condition that deprives a person of a good nights sleep over a period of time.
The ailment involves a breathing disorder that causes a person to skip breaths while theyre sleeping, resulting in low oxygen levels in the body & brain. Without a good nights rest, its difficult for the body to perform at its full potential the next day. Over a stretch of sleepless nights, the emotional drain becomes significant, spiraling in deteriorating physical health.
Breathing issues associated with sleep apnea have been linked to obstruction in the breathing passage, infections, or the result an awkward sleeping posture. Symptoms of sleep apnea, besides the lack of sleep, include loud snoring, restlessness while sleeping, and fatigue or drowsiness during the day.
Sleep apnea can have a significant impact on a persons heart too. Without the proper treatment or rest, the condition can lead to congestive heart failure. Furthermore, numerous research studies show that sleep apnea increases the risk of other body problems like high blood pressure, strokes, and diabetes.
Contact Us To See If You Can Increase Your Sleep Apnea Compensation
Veteran sleep apnea and other sleep disorders are becoming more and more common. If you are suffering from any of the sleep disorders mentioned above and have been denied a disability claim by the VA, please call 682-0786 or contact us online today for a free consultation. We proudly represent veterans in all 50 states.
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Positive Airway Pressure Therapy For Sleep Apnea Treatment
Since sleep apnea can correlate with conditions like heart disease and obesity, its important to seek treatment options. Physicians will treat sleep apnea depending on the type and severity of the condition. This can range from CPAP therapy, lifestyle changes such as diet, exercise, and others. While some individuals with breathing disorders may show improvement from lifestyle changes, breathing assistance devices such as CPAP machines , BiPap machines, etc. are still among the most common treatments. These machines creates airway pressure to help the individual breathe throughout the night.
How Much Does A Sleep Apnea Va Disability Benefits Lawyer Cost
Your Woods and Woods sleep apnea VA disability benefits lawyer will never charge a penny unless we win your claim. Our fee is 20% of back pay and case expenses. Your sleep apnea VA disability benefits lawyer will never ask for money upfront. If you lose your veterans disability benefits claim, you dont owe us a penny. We even help with the application process for sleep apnea claims for free. The advice is free and so is the call.
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Treatment Approaches Depend On The Severity Of Your Osa
When sleep apnea is moderate or severe, continuous positive airway pressure is considered the first-line treatment, and is the recommended treatment by the American Academy of Sleep Medicine . CPAP, by eliminating snoring, breathing disturbances, and drops in oxygen saturation, can essentially normalize breathing during sleep. However, to be most beneficial, CPAP should be worn consistently throughout sleep. Unfortunately, many studies of OSA set a relatively low bar for treatment adherence , and do not necessarily take into account treatment efficacy .
Is Sleep Apnea A Disability A Guide For Veterans
Is Sleep Apnea a disability? What are the new VA rules regarding disability claims? How have the rules changed? This article has helpful information about new VA regulations regarding Sleep Apnea as a disability, and also includes a section with information about how PTSD can impact Sleep Apnea. The article also covers how the Social Security Administration views Sleep Apnea disability claims.
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What Is Sleep Apnea
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. These sleep disturbances can occur from tens to hundreds of times per night. Typically, sleep apnea symptoms are at their worst during REM Sleep due to the bodys naturally-occurring reduced muscle tone in the bodys airway. REM sleep is also sometimes known as deep sleep. The causes of these disturbances may vary depending on which form of the condition you have: obstructive, central, or a mixed form of both. This sleep-disordered breathing leads to poor sleep quality and is a risk factor for poor quality of life.
Obstructive sleep apnea is one of the more common types of sleep apnea, which occurs when the upper airway repeatedly becomes blocked throughout the night. This blockage is caused when the back throat muscles relax, impairing the airflow. Central sleep apnea occurs when the brain either does not send signals to the muscles that control breathing or those signals are interrupted. The VA refers to mixed sleep apnea as a combination of the obstructive and central forms of the condition.
Faq: Your Va Sleep Apnea Rating
What is sleep apnea?
Obstructive sleep apnea is a condition that occurs when the upper airway becomes blocked repeatedly during sleep. Sometimes the airflow is completely stopped or just reduced. Central sleep apnea occurs when the brain does not send the body signals to breathe.
Should I have a sleep apnea study done?
If you suspect that you suffer from sleep apnea, we highly suggest you get a sleep study. First we recommend a sleep study for your own health. Secondly, you are going to need evidence of your condition to obtain a VA sleep apnea rating. A sleep study can diagnose you with sleep apnea and is the a great way to figure out what medical precautions you need to take.
Can sleep apnea be service-connected?
Yes. Sleep apnea can be service-connected in many different ways. While most veterans dont have a diagnosis while serving, they can use buddy statements to prove their condition existed at the time of service. For example, you can use a statement from someone you served with to show you snored really loudly and that you stopping breathing in your sleep for periods of time. During your active duty service, you slept very close to many other people and they may be able to show your sleep patterns developed or worsened from service.
Can I secondarily service-connect sleep apnea?How does the VA rate sleep apnea?What VA ratings are available for sleep apnea?What does a 0% VA sleep apnea rating mean?Can veterans get a VA sleep apnea rating of 100%?
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How Does The Va Check For Sleep Apnea
The VA Disability board checks for sleep apnea by requiring a diagnosis from a medical doctor and the use of a breathing assistance device. Some VA boards may try to deny your claim if you use a device other than a CPAP machine. If so dont be afraid to fight for your claim!
Think you may have Service Connected Sleep Apnea? Start making your VA claim by:
How Is Sleep Apnea A Service
Once you have your diagnosis, now you need to connect the sleep apnea to your military service. This means filling the gaps from the time of active service until now, with strong medical evidence plus credible lay statements, buddy statements, vocational reports facts that will demonstrate to the VA that your sleep apnea is related to your service.
This is done by one of two paths:
VA needs to find that your current sleep apnea cannot be reasonably separated from your military service.
Please read our in-depth action plan on how to service-connect sleep apnea for VA disability compensation.
How Does The Disability Tax Credit Help
Sleep apnea can lead to a myriad of mental & physical health problems that hinder a persons ability to function normally. Without proper rest, a person wont be able to live up to their potential on a daily basis. Plus, the physical damage, particularly to the heart, can lead to serious health problems that can be fatal.
Because of the potential damage sleep apnea can inflict, sleep apnea disability benefits are available in Canada in the form of the Canadian Disability Tax Credit . This program was designed to reduce the amount of tax you owe and can result in a tax, facilitating relief for unavoidable sleep apnea costs.
Acid Reflux & Sleep Apnea
Medical researchers have found that there is a link between GERD or acid reflux and sleep apnea. Veterans that have trouble sleeping from sleep apnea may aggravate GERD or acid reflux. At the same time, GERD or acid reflux can prevent veterans from sleeping, which can aggravate sleep apnea. Therefore, many veterans receive both a GERD rating and a VA sleep apnea rating at the same time.
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Why Is Sleep Apnea Considered A Disability
Awareness is on the rise, and increasing numbers of people are learning about sleep apnea and how vital it is to be treated and appropriately diagnosed. Since the patient can stop breathing anywhere from a few seconds to a few minutes numerous times per hour during the sleep cycle, many are unable to perform regular work duties where they draw a paycheck.
Avoid Alcohol And Sleeping Pills
If you have trouble sleeping, try a cup of decaffeinated herbal tea or juice instead of unwinding with a glass of wine. Alcohol and certain medications can make throat muscles relax more than normal. As a result, airways can get blocked. Alcohol and medications can also make it harder for your brain to “wake up” and register a lack of oxygen in the body. This can cause longer and more serious pauses in breathing. If you find it hard to fall asleep, try reading a book or taking a warm bath.
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How Can The Nba Help Me
Unclaimed disability tax credits are very common in Canada. The DTC application process requires precise details and accurate paperwork. The T2201 application and other associated disability tax forms tend to dissuade people from claiming their benefits altogether.
The National Benefit Authority was founded to navigate the DTC application for Canadians in need. Rather than stressing over your Disability Tax Credit eligibility or amount, our experts do the specialized research and groundwork for you. Whether youre submitting a claim for the first time, re-applying, or are looking for Disability Tax Credit retroactive funds, weve guided thousands of Canadians in successfully recovering their disabled tax credit.
Well work on your behalf to claim the tax credits youre entitled to, giving back the time you and your family needs to manage the condition.
Contact Our Ohio Disability Benefits Lawyers Today
Diagnosing and treating sleep apnea can be highly expensive. It can also be costly in terms of losing the ability to work and earn a living. For this reason, you should seek help from an experienced disability benefits attorney as early as possible if you suffer from this condition and need help with your claim for SSD benefits.
If you or a loved one has been struggling to obtain SSD benefits while battling sleep apnea, we are here to help at Heller, Maas, Moro & Magill, Co., L.P.A. With five offices conveniently located throughout northeastern Ohio, we can meet with you immediately to discuss your case.
Our goal is to make sure all of our clients receive compassionate and skilled legal representation when they need it the most. We can bring more than 200 years of combined legal experience to your case and a determination to do everything we can to help you, whether it involves assisting with your initial application for SSD benefits or with your appeal of a denied claim.
The last thing we want to do is to add to your stress. That is why our law firm will never charge you costs or legal fees unless we are successful in helping you to obtain benefits. Every case starts with a free consultation. to discuss your case today.
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