It can . The proposed rule notes which DCs may be combined with DC 6847. This article looks at how the proposed changes could impact tens of thousands of veterans and what you can do about it. No fewer than 420,000 veterans who served after 9/11 have service-connected sleep apnea. San Jose, CA: 2880 Zanker Road, Ste. A C&P exam and a sleep apnea diagnosis are crucial to qualifying for the upper tiers of compensation. A C&P exam for Sleep Apnea might involve a physical examination and review of your medical history and severity of symptoms over time. The technical storage or access that is used exclusively for anonymous statistical purposes. Doctors also recommend changes in your diet, exercise, and stress reduction. High Blood Pressure Secondary to Obstructive Sleep Apnea: What Veterans Should Know Are you suffering from obstructive sleep apnea syndrome and hypertension? However, they will do this through the use of a 0% rating. The VA is looking to overhaul the entire VASRD by January 2016, not just sleep apnea. However, that means it is also expensive from a VA stand point. Veterans with PTSD are at very high risk for sleep apnea. Under the current rating schedule, VA issues ratings at 0, 30, 50, 100 percent for sleep apnea even if treatments are somewhat effective in dealing with the condition. While we still have our home base in Florida, However, the VA rates sleep apnea needing a CPAP at a minimum of 50%. Modernizing the evaluative rating criteria for sleep apnea, using developments in medical knowledge to evaluate it based on its . And if you are getting treated for a condition and the treatment is totally effective, then your earnings arent harmed by that disability. VA would assign a 10 percent evaluation when treatment yields "incomplete . The rating schedule explains how disabilities will be rated for purposes of receiving VA disability compensation. The VA buried the truth inside the proposal. CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK Successfully Argues for a Precedential Decision About Protected Work Environment, A Day in the Life of a Paralegal (Claims Advocate) at CCK. VA would assign a 100 percent evaluation only if there is also end-organ damage. All of a veterans service-connected disabilities are then combined to determine their overall percentage rating. Some conditions that can be secondary to sleep apnea may include but are not limited to: If you have a service-connected condition that you believe is causing your sleep apnea, it may be a good idea to start to talk to your doctors about it. My questions are: 1) is there any way of knowing when it will be implemented if it goes through? First, it requires Veterans who apply for an increased rating to undergo unnecessary sleep studies. Bringing someone with you to the appointment may also be useful. Typically, sleep apnea symptoms are at their worst during REM Sleep due to the bodys naturally-occurring reduced muscle tone in the bodys airway. The public has 60 days (until April 18, 2022) to provide feedback on the proposals before any final deadlines can be set. Public comments are due by April 18 and can be submitted online (https://www.regulations.gov/document/VA-2022-VBA-0009-0001). You might also like the following Blog posts about Sleep Apnea: #2. 1155 that the VASRD ratings reflect average losses in earning capacity. Camp Lejeune Lawsuit. To schedule a free consultation, give us a call at 1-888-573-7838, or fill out a quick form to get started. Daytime fatigue (hypersomnolence) and irritability. REM (Rapid Eye Movement) sleep is also sometimes known as deep sleep. Is it difficult to stay awake performing tasks like driving, reading or watching TV? Ratings would then increase based upon how symptomatic the condition remains after treatment, Veterans would receive ratings of 10 percent or higher only when treatment is either ineffective or the veteran is unable to use the prescribed treatment due to comorbid conditions.. PDF 8474 Federal Register /Vol. 87, No. 31/Tuesday, February 15, 2022 However, theres a little catch to the proposed ratings changes. My sleep study results just came in and I have moderate sleep apnea and require a CPAP. However, sometimes a VA C&P examiner (such as a Nurse Practitioner) will call you on the telephone and conduct an Acceptable Clinical Evidence (ACE) exam review of your Sleep Apnea claim. Here at the Rep for Vets, weve helped thousands of veterans in your shoes navigate the claims process and get the benefits they earned. Treatment for individuals diagnosed with sleep apnea depends on the severity of the condition and can include positive airway pressure therapy, weight loss, or surgery. Currently, 9 out of 10 veterans with service-connected sleep apnea are rated at 50% and are prescribed CPAP therapy. The VA wants to modernize the current rating for sleep apnea. Posted on Jul 26, 2022 PHOTO BY AIRMAN 1ST CLASS CHRISTOPHER MORALES/U.S. 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. The VA is not considering the real-world implications of these changes. Phoenix, AZ: One Renaissance Tower, Two North Central Avenue, 18th & 19th Floor, Phoenix, AZ 85004 A soon-to-retire service member described his sleep apnea this way: I was diagnosed with sleep apnea about 2 years ago and I have to say that I love my CPAP, it is awesome to embrace the feeling of your skull being crushed while you attempt to sleep for four hours if Im lucky!. If your obstructive sleep apnea VA claim, or other sleep apnea claim, was originally denied, you may be able to appeal the rating and receive VA disability compensation. Learn how we will teach you how to, The Importance of Secondary Service Connection Claims, How To File A VA Disability Claim And Get It Right the First Time. Here is what your rating code sheet will look like. More than 1.5 million veterans are currently receiving disability benefits for tinnitus, which is a high-pitched ringing caused by damage to the ears. So if this proposed change for sleep apnea ratings goes through, its possible that veterans may start getting lowballed ratings. Copyright 2022 Veterans Help Group All Right Reserved. This is a dramatic reduction in benefit levels for veterans. PDF Opportunities Missed to Contain Spending on Sleep Apnea Devices and Bi-level Positive Airway Pressure (BiPAP), Medical Nexus Letter, aka, Independent Medical Opinion (IMO). 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. These VA disability changes would affect veterans in several ways, and it is important that all veterans are aware of them. That includes things like how many apneas you had per hour, how much you moved around, your breathing rate, and your blood oxygen levels. How VA Rates Disabilities 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. What happens during a C&P exam for sleep apnea? yet assertive representation for our clients. Join our premier education-based membership program, VA Claims Insider Elite, connect with an expert-level Veteran Coach (VC) within minutes, and finally get the rating you deserve. This data may be used to help optimize our websites and make them easier for you to navigate. Sleep Apnea VA Rating Changes Are Coming. Learn How You Can Protect Most Frequently Asked Questions about VA Sleep Apnea Claims Donnel Beckles, Managing VA Advocate, Veterans Help What is Higher Level Review? If you continue to use this site we will assume that you are happy with it. Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. For veterans who have already been diagnosed with sleep apnea without a sleep study by the VA, the veteran may have to undergo a sleep study done by the VA in order to confirm the diagnosis for benefit purposes. Has anyone in your family been diagnosed with sleep apnea? Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Inspire is an upper airway stimulation device that is implanted surgically and controlled by the patient with a remote. The rate of CPAP adherence among veterans without PTSD is 70%. If made VA policy, a veteran who is prescribed a CPAP machine would not automatically receive a 50% rating. Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter. If your claim is currently pending or your condition is progressing towards the need for a CPAP, you likewise may not be at risk as these types of changes take time to implement and hopefully your claim gets adjudicated in the meantime. Sleep apnea is a chronic condition that typically gets worse over time, not better. The VA can not reduce a rating that has been held for 20 continuous years. We are sorry that this post was not as useful for you! If you have a CPAP and you also have chronic respiratory failure or similar conditions, you can get a 100 percent rating. VA uses C&P exams to determine the severity of a Veteran's sleep apnea. 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. This means that a veteran has an already service-connected disability that caused the veteran to have sleep apnea. But a sleep study doesnt actually explain how your sleep apnea affects you during the day when you might be trying to work. The VA hid this truth inside a separate VA document. We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you. Sleep Apnea - Veteran Training - Veterans Affairs She has also spent several years working with the Department of Veterans Affairs audiology programs in Salt Lake City, UT and Pocatello, ID. VA proposes updates to rating schedule for respiratory, auditory and Whether treatment grants incomplete relief or is ineffective, would depend on the results of a sleep study. Until recently, VA was prone to ignore two little words in the rating criteria. Any situation where you stop breathing for any period of time can be potentially dangerous. Call Us for a Free Evaluation (888) 573-7838. 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. A showing of causation requires that the secondary disability be shown to be proximately due to, or the result of, a service-connected disability. All Rights Reserved. This means you, as the veteran, need to weigh the cost and benefit of opening new claims regarding this piece of information. in no event shall such a readjustment in the rating schedule cause a veteran's disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veteran's disability is shown to have occurred. He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM. If you dont need a CPAP but experience chronic, excessive daytime sleepiness you get 30 percent. These conditions include symptoms of loud snoring, episodes of halted breathing, gasping for air during sleep, awakening with a dry mouth, morning headaches, and irritability. In this post, we will be exploring how to get a VA Rating for Sleep Apnea. New VA proposal would almost eliminate all Sleep Apnea ratings - Reddit If the proposed changes were to take effect, this would no longer be the case. VA to offer new procedure to help Veterans with central sleep apnea You earned it, and now you need to prove it. 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. 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. These cookies collect information about how you use our website. Look for the seal behind the text. VA studies have estimated that as many as one in every eight veterans may suffer from PTSD or related mental health issues, but outside experts have said the requirements for proving impairment under the current system remain difficult. Currently, if a veteran has service-connected tinnitus, they will receive a 10 percent rating. Can the VA Take Away Your Rating for Sleep Apnea? Register for our Texas Veterans Benefits Virtual Town Hall! It was found and the VA agreed that I needed to start using the CPAP. Newsrooms for Law Firms For instance, which pages you go to most. These sleep disturbances can occur from tens to hundreds of times per night. I understand my consent does not require me to purchase anything and my number will not be stored or called for any other purpose. How do I prove VA disability for sleep apnea? Obstructive sleep apnea (OSA) is one of the more common types of sleep apnea, which occurs when the upper airway repeatedly becomes blocked throughout the night. 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? . Contacting us does not create an attorney-client relationship. Standard cellular rates will apply and the caller may utilize an automated dialing system. That could be changing. VA officials noted that these changes would likely reduce the number of veterans qualifying for disability ratings of 10 percent or more. However, that is not completely accurate. Compensation and Pension (C&P) Exams for Sleep Apnea In February 2022, VA dropped an alarming blog post proposing updates to ratings schedules for a number of disabilities, including sleep apnea. The VA reports that considering lost wages and productivity is necessary to ensure that the department compensates veterans appropriately. Press Release Distribution In order to determine whether you should be referred for a sleep study, a doctor will first perform a physical exam, ask about symptoms, and collect your personal and family history. A Guide to VA Ratings for Sleep Apnea - Hill & Ponton, P.A. VA announced on February 14 that it intends to change the way it rates sleep apnea for veterans. You may need to undergo a Sleep Study to determine if you have Sleep Apnea. Sleep apnea is a common condition that affects about22 million people nationwide. 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. These VA disability changes are a way to save a few bucks. The sleep study, as we touched on above, measures nighttime symptoms, such as irregular breathing and elevated heart rate. In some cases, veterans might even see their ratings increased based on the changes, if the new rules end up more advantageous to their health situation. Maybe youve gained a significant amount of weight due to your other service connected disabilities, which has limited your ability to walk, run, or workout, and this is the interim link to secondary service connection due to weight gain (obesity). Philips recalled millions of their CPAP machines, How to Claim Sleep Apnea Secondary to PTSD, How to Spot Predatory Claims Agents and Protect Your Disability Benefits. However, it also unintentionally exposes why the VA is proposing these changes. VA Proposes Major Changes to Sleep Apnea Compensation Criteria Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 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. The VA proposed updates include the following: The VA Schedule for Rating Disabilities (VASRD) contains the disabilities for which veterans can be rated, divided into 15 different categories depending on the bodily system to which the disability pertains. Therefore, based on how the VASRD is supposed to work, people are starting to ask what could possibly be the functional impairment of using a CPAP machine that warrants a 50 percent rating. If successful, the VA will have successfully eliminated a large portion of many veterans disability claims. Comorbidities refer to qualifying conditions that impede or prevent the use of sleep-apnea treatments in the opinion of a qualified medical provider. VA determines the appropriate rating based on a rating schedule that applies to each individual disability. DOCX Respiratory Conditions (U.S. Department of Veterans Affairs) And a 100 percent rating would apply where treatment is ineffective (or impossible because of other conditions) and you have organ damage as a result. Veterans Help Group is an advocacy group and not a law firm. 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. If a clinical evaluation shows that your sleep apnea is bad enough to warrant a CPAP machine, you automatically get a 50% rating. Service connection on a secondary basis requires a showing of causation. The most common symptoms include: There are a multitude of potential causes of sleep apnea in adults, but in veterans specifically, the causes could include: To confirm a diagnosis of sleep apnea, a sleep study must be given to show that you are experiencing breathing problems, and other sleep disorders and health problems have been ruled out. If you have sleep apnea that you think began in or is related to your military service, file your claim for service connection NOW if you havent already. A change in the standards for VA sleep apnea rating, however, is setting out to change that. You can find the official comment page here. You know what I love about being prior service? In light of the change, the VA will focus on the result of the treatment rather than the type. The VA claims they would occasionally assign a 10% or higher claim. VA has a complicated formula represented in a table to determine what a combined rating is. Have you been affected by Camp Lejeune water contamination? Physicians will treat sleep apnea depending on the type and severity of the condition. Sleep apnea secondary to PTSD is the most common way to service-connect secondary sleep apnea. AI Press Release Generator Get a Free Case Evaluation, The Link between Sleep Apnea and Hypertension. Youll want to explain to the C&P examiner HOW your Sleep Apnea condition is limiting or affecting your work, life, and social functioning. Check out our post on sleep apnea secondary connection with PTSD here! Although all of these symptoms contribute to the interaction betweensleep apnea and PTSD, the main culprits seem to be sleep deprivation and chronic stress. Can I Appeal The Effective Date? Sleep Apena - HadIt.com Veterans Typically, normal breathing then starts again, sometimes with a loud snort or choking sound. Learn how to connect your PTSD and sleep apnea to get the benefits you earned. Being honest and thorough is important so everything can be properly documented. Disclaimer If it has, there might be a rating reduction. 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. Though the CPAP machine is far from a silver bullet, it is central to the way sleep apnea VA ratings currently work. 203, San Jose, CA 95134 Ten percent would be awarded if treatment for sleep apnea gives only incomplete relief. The Department of Veterans Affairs will change its disability ratings criteria for mental health conditions, sleep apnea and tinnitus, part of a major overhaul of the review process to ensure. 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. By using this information, you understand that there is no attorney-client relationship created by you reading or using the information contained on this website or in this newsletter, article, or blog. LFN News on Twitter Do You Qualify for Long Term Disability Benefits? 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. LFN News on Facebook See Richard B. Berry, Fundamentals of Sleep Medicine 238 (2012). On February 15, 2022, VA announced some proposed changes to the way it rates some disabilities, such as some respiratory, auditory, and metal health conditions. 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. "Obstructive sleep apnea indicates that there is an obstruction in the back of the throat or neck which can be from an anatomical defect or excess fat around the neck. The attorneys at Berry Law Firm are dedicated to helping injured Veterans. Do you currently smoke, or have you smoked in the past? Disclaimer: This information is not legal advice. Pursuant to Diagnostic Code 6847, VA disability ratings for Sleep Apnea are as follows: Sleep Apnea is rated under diagnostic code 6847, Sleep Apnea Syndromes (Obstructive, Central, Mixed): 6847, Sleep Apnea Syndromes (Obstructive, Central, Mixed): Many veterans with Sleep Apnea, especially those who were diagnosed long after leaving the military, might still be eligible if medical evidence shows your Sleep Apnea is proximately due to or aggravated by another service-connected disability such as musculoskeletal conditions and/or mental health conditions. 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. If untreated, sleep apnea can increase an individual's risk of high blood pressure, heart disease, Type 2 diabetes, stroke, and depression. A 0% rating is the bare minimum level of service from the VA. Effective dates are important in determining the amount of backpay a Veteran will receive if their claim is granted. If so, how often and how long are your naps? For more information, contact a veterans disability advocate from Veterans Help Group. FULL STORY Legal Help for Veterans is a law firm helping veterans get the benefits they deserve. Feel free to skip ahead to the changes if you already know this stuff. AI Chatbot Policy, News Releases Sleep apnea is a potentially serious sleep disorder in which a person's breathing is repeatedly interrupted during the course of the night. A polysomnogram at a sleep center might be preferred if you have heart or lung disease, risk factors for central sleep apnea or a history of other sleep disorders. Post-traumatic stress disorder (PTSD) is a mental health condition that develops in some people who have experienced a shocking, scary, or dangerous event. Contacting us does not create an attorney-client relationship. The VA has technically met the duty to assist, but the veteran receives little to no actual assistance. Hello, . Vietnam veterans also have sleep apnea in high numbers. Subscribe to our newsletter and join 16,959 other subscribers. CPAP stands for Continuous Positive Airway Pressure. Combat Craig and I are both interpreting that tiny sentence as a gotcha hidden inside the proposal. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Sleep apnea is a condition that creates disturbances in ones breathing while sleeping, causing the person to shift between deep sleep and light sleep. Will the proposed changes affect me? Learn How You Can Protect Your Benefits. It may not surprise you to learn that some veterans are receiving over $1,000 a month in VA disability compensation for the condition. Why would a VA claim be denied Sleep Apnea? There are many different symptoms that go, Sleep apnea is a common medical condition that can be caused by many different factors, including conditions like Posttraumatic Stress Disorder (PTSD). Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Do you take naps? How to WIN Your Sleep Apnea VA Disability Claim, VA Disability Benefits for Secondary Conditions to Depression, Changes to the evaluative rating criteria for, Changes to the way mental health conditions are evaluated by. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Believe it or not, buddy statements can be helpful in proving sleep apnea claims if you can find vets who you served with and heard you snoring, or can talk about the issues that led to the sleep apnea. Under this proposed change, its very possible that Veterans who would have gotten 50 percent under the current ratings will instead get 0 or 10 percent. Obstructive sleep apnea This is the most common form. While some individuals with breathing disorders may show improvement from lifestyle changes, breathing assistance devices such as CPAP machines (Continuous Positive Airway Pressure), BiPap machines, etc. Why Hire CCK for Your VA Disability Appeal? #1 Hey everyone, Currently in the C&P exam phase of my MEB. The rule would also get rid of a dated part of VASRD that prevents a veteran from getting a 100 percent rating for a mental health condition if they are able to work. A person must have a polysomnogram, either in a sleep lab or at home, in order to be diagnosed with sleep apnea. The firm can be reached through its website at https://www.legalhelpforveterans.com/.

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