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Does Sleep Apnea Disqualify You Military Service

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Tumors And Malignant Diseases

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The following conditions may disqualify you for military service:

a. Benign tumors that interfere with function, prevent wearing the uniform or protective equipment, would require frequent specialized attention or have a high malignant potential.

b. Malignant tumors , exception for basal cell carcinoma, removed with no residual. In addition, the following cases should be qualified if on careful review they meet the following criteria: individuals who have a history of childhood cancer who have not received any surgical or medical cancer therapy for five years and are free of cancer individuals with a history of Wilms tumor and germ cell tumors of the testis treated surgically and/or with chemotherapy after a two-year, disease-free interval off all treatment individuals with a history of Hodgkin’s disease treated with radiation therapy and/or chemotherapy and disease free off treatment for five years individuals with a history of large cell lymphoma after a two-year, disease-free interval off all therapy.

Treatment Of Sleep Apnea

Most people dont consider snoring as a warning sign of a potentially serious condition, and not all people who have sleep apnea snore. Untreated sleep apnea may increase the risk of accidents or illness and disease, including:

  • Diabetes, heart attack, obesity, stroke, arrhythmias, and high blood pressure.
  • New or worsening heart failure.
  • Driving accidents or work accidents.

Sleep apnea requires continuing management. Many people are successfully treated with breathing devices, surgery, mouthpieces, or lifestyle changes, either combined or on their own.

Completing The Disability Claim

Step 5: Submit a personal statement along with the disability claim. The personal statement outlines when you believe the condition started and how your time in the military made sleep apnea worse. Include as many medical records and evidence as possible.

Step 6: Patients that need a CPAP or another type of breathing device while sleeping should get written acknowledgment from a doctor that the machine is necessary because of sleep apnea. This simple step should guarantee a 50% rating or higher.

Step 7: Some patients opt to include buddy letters from family, friends, and military associates that are familiar with the condition and how it has negatively affected your life.

Step 8: Review the disability claim for errors and submit. Patience is necessary with VA disability claims, particularly those associated with sleep apnea since the government does not have a stellar track record of approving these types of claims.

Recommended Reading: Sleep Apnea Ratings

Va Ratings For Sleep Apnea In Veterans

If a veteran requires a continuous positive airway pressure device, the VA disability rating for sleep apnea is at 50 percent or above. With increased claims, the rating schedule for sleep apnea is expected to be included in the VAs overhaul of the rating schedule , though no recent changes.

The most current disability rating and severity of symptoms can be found in the Code of Federal Regulations 38 CFR 4.97 Schedule of ratingsrespiratory system:

100% chronic respiratory failure with carbon dioxide retention, the need for a tracheostomy, or cor pulmonale. Cor pulmonale is the enlargement or failure of the right side of the heart due to lung disease.

50% if a veteran requires the use of a breathing assistance device, such as a CPAP machine

30% the Veteran is experiencing persistent daytime hypersomnolence

0% if the Veterans status is asymptomatic but has a documented sleep disorder

If your VA Disability claim for Sleep Apnea has been denied, do not give up the fight! We have helped thousands of Veterans get what they deserve, including winning sleep apnea claims! When youre ready, this is the fastest way to get started.

Secondary Basis Medical Conditions

Did you know that for some Service Members, Insomnia May Not Be Part Of ...

Fortunately, there are several medical conditions that service members may cite on a secondary basis like:

  • Asthma
  • Post Traumatic Stress Disorder
  • Traumatic Brain Injury
  • Tinnitus

It is recommended that you meet with a medical professional if you have symptoms of sleep apnea.

The medical condition is serious and you may be entitled to VA disability benefits as a result.

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Army Regulation On Sleep Apnea

The decision to kill the sleep apnea regulation is the latest step in President Donald Trumps campaign to drastically slash federal regulations. The Trump administration has withdrawn or delayed hundreds of proposed regulations.

Some employers may prohibit sleeping, even during unpaid break time, for various reasons, such as the unprofessional appearance of a sleeping employee , the need for an employee to be available during an emergency, or legal regulations. Employees who may endanger others by sleeping on the job may face more.

The committee, chaired by retired Army Lt. Gen. James Terry Scott, recommended that VA: Have compensation exams for sleep apnea given exclusively by VA doctors to.

Army Medical Standards 40-501, Army Medical Standards for Enlistment, Appointment, and Induction. sleep apnea syndrome . h. Paralysis,

Your VA Sleep Apnea Claim.!. I reached the rank of Captain in the U.S. Army. Ive been frustrated by the VAs obtuse rules and regulations,

The U.S. Army Reserve plays an important role in the war-fighting capabilities of the U.S. military. There have. of medical conditions that are defined in Army Regulation . 40-501 could disqualify soldiers with. soldier health care.9 Also noted were several cases of sleep apnea, a disorder characterized by daytime.

A. Uniformed Service Members will be evaluated for fitness according to service regulations and policies, 10. Obstructive sleep apnea .

Abdominal Organs And Gastrointestinal System

The following conditions may disqualify you from military service:

a. Esophagus. Ulceration, varices, fistula, achalasia, or other dysmotility disorders chronic or recurrent esophagitis if confirmed by appropriate X-ray or endoscopic examination.

b. Stomach and duodenum.

Gastritis. Chronic hypertrophic or severe.

Active ulcer of the stomach or duodenum confirmed by X-ray or endoscopy.

Congenital abnormalities of the stomach or duodenum causing symptoms or requiring surgical treatment, except a history of surgical correction of hypertrophic pyloric stenosis of infancy.

c. Small and large intestine.

Inflammatory bowel disease. Regional enteritis, ulcerative colitis, ulcerative proctitis.

Duodenal diverticula with symptoms or sequelae .

Intestinal malabsorption syndromes, including postsurgical and idiopathic.

Congenital. Condition, to include Meckel’s diverticulum or functional abnormalities, persisting or symptomatic within the past two years.

d. Gastrointestinal bleeding. History of, unless the cause has been corrected, and is not otherwise disqualifying.

e. Hepato-pancreatic-biliary tract.

Cirrhosis, hepatic cysts and abscess, and sequelae of chronic liver disease.

Cholecystitis, acute or chronic, with or without cholelithiasis, and other disorders of the gallbladder including post-cholecystectomy syndrome, and biliary system.

Note. Cholecystectomy is not disqualifying 60 days postsurgery , providing there are no disqualifying residuals from treatment.

f. Anorectal.

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What Are The Va Disability Rates For Sleep Apnea

The VA rating you receive for sleep apnea determines how much you will receive in monthly compensation for disability.

The VA sleep apnea rating system is under federal code 38 CFR 4.97 Code 6847.

There are 4 distinct VA disability ratings for sleep apnea .

0% Rating

The VA disability rating is non-compensable.

Regardless, you may be entitled to other military benefits such as VA healthcare.

30% Rating

The VA disability rating may receive partial disability coverage.

However, the majority of sleep apnea claims currently get denied by the U.S. military which is why compensation is not guaranteed at the 30% rating.

In most instances, the military deems this rating an inconvenience to your sleep/lifestyle habits yet not detrimental enough to warrant compensation.

50% Rating

The 50% VA disability rating drastically improves your chances of receiving compensation.

The military grants this liability rating when the patient requires a breathing device to assist with sleeping and getting rest.

The 50% rating can have a noticeable impact on your overall combined rating and compensation received.

100% Rating

The highest rating recognizes chronic respiratory problems and failure.

Thus, patients with this rating are entitled to full benefits as long as they can prove the condition is service-connected.

Higher/more Severe Va Ratings

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50% Rating

The VA rates sleep apnea at a 50% rating if you need a breathing device to assist with your sleeping habits.

Military personnel or veterans that rely on a CPAP machine for breathing assistance fall under this distinction.

Under this rating, you have a 50/50 chance of receiving approval for disability benefits.

You should do your research when submitting the claim to make sure you submit any evidence of sleep apnea .

100% Rating

The VA rates sleep apnea at a 100% rating when chronic respiratory failure is evident through carbon dioxide retention.

Furthermore, the 100% rating for sleep apnea includes the need for a tracheostomy.

Additionally, veterans can file a claim if the right side of the heart is enlarged or experienced failure as a result of lung disease.

Under this rating, military personnel has the strongest likelihood of gaining acceptance for VA disability benefits.

The VA generally approves claims at this rating because it is considered the most severe form of sleep apnea.

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What Is A Sleep Apnea Va Disability Benefits Claim Worth

Many Veterans who receive Veterans Disability Benefits are receiving $3,332.06 monthly from the Veterans Administration. Many Veterans who win their VA disability appeal have missing backpay as well. Sleep Apnea is a very common medical issue and lots of Veterans are receiving VA disability benefits for sleep apnea. Learn more for free at 232-5777 or fill out the free VA claim evaluation form.

Department Of Disqualified: Fixing The Broken Military Medical Accessions Process

If discontent is the first necessity of progress, then the military medical accessions process by which recruits are medically evaluated for military service is ready for improvement. With 59 percent of Americans medically ineligible to join and tens of thousands of applicants medically rejected every year, there is plenty of discontent. I would know. I was one such disgruntled applicant.

I started applying to Army Officer Candidate School in October 2015 as a senior at the Massachusetts Institute of Technology. After seven months of navigating the medical accessions process, I was medically rejected from the Army on account of congenital scoliosis and a medical history of spinal fusion surgeries. Neither my career as a Division III Varsity soccer player nor a letter from my surgeon a retired Army doctor and chief of orthopedic surgery noting that I had no limitations whatsoever had any impact on my medical evaluation. After switching my application to the Navy the following spring, I was medically rejected again. Finally, after one last medical rejection from the Army National Guard in the summer of 2016, I gave up on my dream of serving my country in uniform.

A Troubling Pattern

The Way Forward

Todays highly qualified applicants, who are already asking what they can do for their country, deserve to know that there is something their country is willing to do for them. Such is the discontent that we can prevent, and the progress we need.

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Surprising Medical Conditions That Could Bar You From Service

Its no surprise that service members must be in good physical shape to serve in the military. However, there are some medical conditions that you might not know can bar you from service.

The military lays out certain physical requirements that those wishing to serve must meet, and recruits must undergo a medical exam. When joining, they must also disclose significant medical conditions.

Sometimes waivers from medical professionals are an option for certain medical conditions, particularly ones that relate to eyesight and weight. However, others like depression and Crohns disease are likely to disqualify you from service, especially if they have affected your education or employment in the past.

It is important to note that many conditions are not always permanently disqualifying and should not dissuade potential applicants. Recruiters and military doctors will determine if they will affect your duties.

Here are eight surprising medical conditions that might prevent you from serving in the U.S. Armed Forces:

1. Food Allergies

If you have a history of food allergies, you might be disqualified from joining the military. This is because service members can serve in locations that do not have a wide variety of food options or that do not have easily accessible medical care in the case of reactions. Recruits who are merely sensitive to certain foods will not be disqualified.

2. Celiac Disease

3. Contact dermatitis

4. Asthma

5. Braces or dental ailments

6. Motion sickness

Sleep Apnea Rating Schedule For 2020

How the VA Rates Sleep Apnea

Sleep apnea is becoming a bigger problem in the United States Armed Forces.

According to the Veterans Benefits Administration , the three types of sleep apnea lead the way in terms of service-connected respiratory disabilities.

Sleep apnea VA disability claims account for nearly 1 in 4 respiratory claims.

According to the VBA, there were over 282,300 service-connected sleep apnea claims that were awarded in 2017.

The number of VA disability ratings that are awarded for sleep apnea is on the rise, however, it still fails to address the entire issue.

The U.S. Armed Forces utilize VA disability ratings to determine the severity of sleep apnea and these types of claims are notoriously hard to receive approval.

Consequently, the VA denies the majority of sleep apnea claims.

Part of the problem is the VA has altered its rules for assigning sleep apnea disability ratings and providing benefits over the years.

Therefore, many service members are subject to misinformation or interpretation when filing a VA disability claim.

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How Veterans Can Receive Va Disability Benefits For Sleep Apnea

Depending on how severe your symptoms are for sleep apnea, you may be eligible for VA disability compensation.There are several ways to qualify for sleep apnea benefits: if your condition began while serving in the military if you were diagnosed with sleep apnea within one year of your discharge or If your sleep apnea causes or aggravates or is caused or aggravated by a service-connected condition. If you need a continuous positive airway pressure machine to sleep, you may be considered 50 percent disabled. However, new rules promulgated by the VA require that you show that your breathing assistive device is medically necessary. This means that you need a prescription from your doctor. Since May 1, 2016 other breathing machines, dental aids and nasal dilators, so long as they are medically necessary, may qualify you for the 50% rating. If your sleep apnea causes persistent daytime hypersomnolence it will rated at 30 percent disabled.

If you think your sleep apnea is related to your service in the military, its important that you file a claim immediately to preserve the effective date you believe the condition first started. However a secondary connection claim can be filed anytime.

If you need to appeal your sleep apnea rating decision, contact us at to discuss your situation. We can help determine if youre eligible for VA disability benefits.

Medical Conditions That Can Keep You From Joining The Military

Below, you will find details from the Army‘s “Standards of Medical Fitness.” These standards generally apply to all other branches as well. Remember that most of these conditions are not necessarily permanently disqualifying, but they are red flags.

If you have had a medical complication at any time in your life that is mentioned here, then you need to tell your recruiter. They will tell you whether your condition can be waived, or if it is permanently disqualifying. Remember that if you do not get an official waiver and your condition later is discovered, you most likely will be dishonorably discharged for fraudulent enlistment. The choice is yours.

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How Do Veterans Qualify For Sleep Apnea Disability Benefits

In 1996, The United States Department of Veterans Affairs recognized sleep apnea as a disability. This condition was included in the Veterans Affairs Schedule for Rating Disabilitiesguidelines for determining the eligibility of veterans claims. For U.S. veterans, sleep apnea can be a real problemone that may be associated with long-term exposure to chemicals and dust or as a secondary condition related to a service-connected condition like Agent Orange exposure.

Sleep apnea happens when a sleeping person stops breathing because he is unable to maintain air flow through his nose and mouth. Each brief period without oxygen can last for 10 to 30 seconds and occur 400 times a night. People who suffer from sleep apnea wake up without the proper needed rest. And if the condition isnt treated, it can lead to severe health risks, including heart disease, high blood pressure, stroke, memory problems, and fatigue. Under certain circumstances, a veteran may be eligible to receive disability benefits for sleep apnea.

Faa Policies And Certification Issues

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The primary concern of the FAA with sleep disorders relates to alertness when on duty in the cockpit or tower cab. Secondary concerns involve the complications and associated symptoms of sleep apnea, such as memory and concentration impairment, heart arrhythmias and other conditions that may cause subtle or sudden incapacitation when flying or controlling. Under current policy as outlined in the FAA Guide for Aviation Medical Examiners, any degree of sleep apnea is disqualifying for all classes of medical certification. The FAA requires AMEs to routinely screen airmen for OSA risk and if necessary refer them to their treating providers to apply Academy of Sleep Medicine clinical practice guidelines to determine if further assessment such as a sleep study is clinically indicated. If an airman is diagnosed with sleep apnea, the AMEs can clear the airman to return to flying once they have documented effective treatment and compliance and their records are submitted to the FAA.

The FAA usually requests an annual physician current status report in individuals requiring treatment as a requirement to maintain Special Issuance medical certification. They also require the attestation form and 12 months of compliance data for CPAP. More details on the FAAs policy along with a Question and Answer guide can be found in the FAAs Guide to Aviation Medical Examiners, or by contacting an AMAS physician.

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