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What Percentage Of Disability Is Sleep Apnea

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When Can Veterans Claim Service

Good Changes in VA Sleep Apnea

There are a number of scenarios that veterans who have Sleep Apnea find themselves in: they may have been denied after being diagnosed in service, they may have been denied after being diagnosed years after their service ended, or they may have been denied because of a lack of diagnosis and may even have in-service medical records that documented sleeping problems.; With the right evidence and effort, veterans with similar situations to these may be granted service connection for Sleep Apnea.

In order to be awarded disability compensation, sleep apnea must be connected to a veterans military service. There are two paths one can take to service connection: Direct or Secondary.; In this article, we will discuss Direct Service Connection.

How To Prove Sleep Apnea Is Service Connected

The Veterans Affairs Resource Center states that there are 4 common ways that a service connection can be made:

  • Medical records can show the development of sleep apnea during service
  • Determination of aggravation of a before-service disability that are beyond the natural progression of the condition
  • Taking into consideration the hardships of your service
  • Presumption by the VA that a disability or condition is service-connected
  • Manyvariables are taken into consideration when making service connections to your disabilities. These include documented records, your type of service, your pre-existing conditions, and the VAs overall ruling.

    Normally, a sleep study is conducted to diagnose sleep apnea. A nexus letter can then be written by a doctor. A Nexus letter helps in linking service-connected conditions with your sleep apnea, and is a requirement to receive VA disability.

    Service Connection And Va Ratings For Sleep Apnea

    To establish service connection for sleep apnea on a direct basis, veterans must show evidence of the following:

    • A current diagnosis of sleep apnea, as confirmed by a sleep study;
    • An in-service event, injury, or illness; and
    • A medical nexus between their sleep apnea and the in-service event, injury, or illness

    Once service connection is awarded, sleep apnea is then rated under 38 CFR § 4.97, Diagnostic Code 6847 Sleep Apnea Syndromes .; Veterans are assigned a 0, 30, 50, or 100 percent rating depending on the severity of their condition.; The rating criteria are as follows:

    • 100% chronic respiratory failure with carbon dioxide retention, the need for a tracheostomy, or cor pulmonale
    • 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 condition is asymptomatic but has a documented sleep disorder

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    How Va Rates Hypertension

    VA rates hypertension the same whether service connection is established directly, presumptively, or secondarily due to sleep apnea.; Specifically, VA uses 38 CFR § 4.104 Schedule of Ratings, Cardiovascular System, Diagnostic Code 7101.; The rating criteria are as follows:

    • 60% ;diastolic pressure predominantly 130 or more
    • 40% diastolic pressure predominantly 120 or more
    • 20% diastolic pressure predominantly 110 or more, or; systolic pressure predominantly 200 or more
    • 10% diastolic pressure predominantly 100 or more, or; systolic pressure predominantly 160 or more, or; minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control

    How Does The Va Rate Sleep Apnea

    â How Much Percent Is Sleep Apnea Va Disability

    The;VA disability ratings for sleep apnea;are based on the severity of the veterans Obstructive Sleep Apnea. Sleep apnea is rated under 38 CFR § 4.97, Diagnostic Code 6847. This diagnostic code falls under the Sleep Apnea Syndromes. The VA assigns the following ratings for veterans based on the severity of their sleep apnea:

    • 100 percent: chronic respiratory failure with carbon dioxide retention, the need for a tracheostomy or the enlargement or failure of the right side of the heart due to lung disease. This is the most severe and the highest rating available.
    • 50 percent: the veteran requires the use of a breathing device, such as a CPAP machine.
    • 30 percent: the veteran is experiencing hypersomnolence, or excessive daytime sleepiness, that does not improve with sufficient sleep or even with naps during the day.
    • 0 percent: the veterans condition does not produce any symptoms but has a documented sleep disorder. This rating is a non-compensable rating, however, a veteran may be entitled to other benefits, such as VA;health care.Common issues associated with Sleep Apnea include increased risk of stroke, high blood pressure, memory problems, and more.

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    Va Rating For Sleep Apnea

    VA Rating for Sleep Apnea

    Pursuant to Diagnostic Code 6847, VA disability ratings for Sleep Apnea are as follows:

    • The0 percent VA rating for Sleep Apnea is warranted if youre asymptomatic , but with documented sleep disorder breathing.
    • A 30 percent VA disability rating for Sleep Apnea is warranted if you have persistent daytime hypersomnolence, but do not require the use of a breathing device.
    • The 50% VA rating for Sleep Apnea is warranted if you require the use of breathing assistance device such as a Continuous Positive Airway Pressure or Bi-level Positive Airway Pressure
    • A 100 percent VA rating for Sleep Apnea is warranted for chronic respiratory failure with carbon dioxide retention or cor pulmonale or requires tracheostomy.

    Sleep Apnea is rated under diagnostic code 6847, Sleep Apnea Syndromes :

    6847, Sleep Apnea Syndromes :

    Sleep Apnea VA Rating

    VA Rating Scale for Sleep Apnea

    C&p Exam For Sleep Apnea

    A C&P exam for Sleep Apnea might involve a physical examination and review of your medical history and severity of symptoms over time.

    However, sometimes a VA C&P examiner will call you on the telephone and conduct an Acceptable Clinical Evidence exam review of your Sleep Apnea claim.

    Youll want to explain to the C&P examiner HOW your Sleep Apnea condition is limiting or affecting your work, life, and social functioning.

    For example, maybe your Sleep Apnea so severe, that you have difficulty working and lose productivity throughout the day due to frequent napping.

    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 .

    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.

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    Lower/less Severe Va Ratings

    0% Rating

    The VA rates sleep apnea at a 0% rating if your condition is asymptomatic, but you have a documented history of sleep disorder breathing.

    Under this rating, its nearly impossible to gain any benefits from the VA as a disability.

    30% Rating

    The VA rates sleep apnea at a 30% rating if you experience hypersomnolence or excessive daytime sleepiness.

    The 30% designation recognizes that the patient is not seeing improvement with a sufficient amount of sleep, or naps during the day.

    Under this rating, you have a higher likelihood of receiving approval yet still are against the odds since the military often does not grant VA disability benefits for this type of condition.

    Symptoms Of Sleep Apnea

    How The VA Rates Sleep Apnea for VA Disability

    How do you know if you have a potential problem in this area? There are multiple symptoms to pay attention to. Remember that not all symptoms are automatically an indication of a medical problem, but they are worth paying attention to for future reference if you have some of the more benign types.

    Dont forget the power of a spouse, partner, roommate, or other housemates to give you information that could help your decision making about addressing this issueif someone else tells you that youve been snoring or experiencing other sleep disturbances, take such reports seriously and consider having those observations committed to writing for your future claims sake.

    Symptoms of sleep apnea include:

    • Snoring
    • Insomnia or difficulty remaining asleep
    • Excessive daytime sleepiness, AKA hypersomnia
    • Difficulty paying attention due to sleep deprivation
    • Irritability due to insomnia or lost sleep

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    What Percentage Of Disability Is Sleep Apnea

    or other breathing assistive machine or device, 30%, Sleep apnea is rated under 38 CFR § 4.97, Central, The key in getting a VA disability rating for sleep apnea involves establishing that military service caused the problem.Disability compensation claims for veterans suffering from sleep apnea increased by 150 percent from 2009 to 2014,000 received benefits in

    The Winning Method For Disability Benefits Claims

    Whether applying for disability benefits under the CPP or through an insurance plan, you will be doing the bare minimum method. This entails going through the whole application process as prescribed by the benefits providers. You submit a complete application with all the requirements and do as you are told. Everyone does this, and they are usually denied. In contrast, you should make your application stand out by going beyond doing the bare minimum to increase your chances of getting your claim approved. We call this the winning method.For CPP disability benefits claims, the Blueprint Strategy by Resolute Legal identifies the six key elements that your application must contain. You can read more about this in our free guide. Essentially, you must be able to tell a comprehensive and persuasive story of your disability and its effect on your life. You can also use the strategy for appeals to both Service Canada and the Social Security TribunalFor disability insurance benefits, Resolute Legal also has a free guide;that even beginners can follow. It contains proven techniques for preparing a winning claim. The book also explains why insurance companies deny those who are legitimately disabled and how you can counteract their practices.

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    Did Va Deny Your Disability Benefits Claim

    If VA denied your disability claim, there are still options for appealing the decision.

    The team of veterans disability attorneys at Chisholm Chisholm & Kilpatrick LTD may be able to help secure benefits for your condition. ;We have years of experience handling veterans disability appeals for sleep apnea.

    Call us today at; to get started.

    What We Can Learn From Carrie Fishers Death

    Economic burden of undiagnosed sleep apnea in U.S. is ...
    I know my Mom, shed want her death to encourage people to be open about their struggles.Carrie Fishers daughter, Billie Lourd

    Carrie Fishers death may be said to be the result of a perfect storm of factors orbiting the central problem of undiagnosed and/or untreated sleep apnea. The ASAA is grateful to the Los Angeles County coroners office for stating the chief cause of death as sleep apnea. This effort gets to the heart of an ongoing need to discuss this dangerous, potentially lethal medical condition publicly.

    Its also likely Carrie Fisher herselfsuch an advocate for overcoming the stigma of mental healthwould also advocate to remove the stigma surrounding snoring. Snoring is a major indicator for undiagnosed sleep apnea that should not go unnoticed by loved ones and family practitionersand yet it does.

    Fishers daughter, Billie Lourd, said in the wake of last weeks coroners report release, I know my Mom, shed want her death to encourage people to be open about their struggles.

    If you or a loved one you know snores loudly and frequently, has inexplicable and persistent high blood pressure, experiences gasping or choking at night while asleep, suffers from long-term daytime fatigue, or awakens with a dry mouth, raw throat or headache, please dont discount the possibility you might have sleep apnea. Simple home testing can help rule the condition in and there are multiple approaches for treating this chronic medical problem.

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    What Is The Va Compensation For Sleep Apnea

    Compensation for service-connected sleep apnea varies widely based on your situation, your sleep apnea VA rating, and what other disabilities the rating is combined with.

    Sleep apnea is rarely diagnosed by itself, but if it were, and you were a veteran living alone, you would see a payment of $435.69 per month according to rates effective December 1, 2019.

    In contrast, a rating of 100 while you are supporting a spouse and 1 child would get you$3,406.04 per month.

    These are basic calculations based on the December 1, 2019 rates. They do not take into account any other special circumstances or combination with any other disabilities.

    To get a better idea of what your monthly payments may be, you can visit the 2020 Veterans disability compensation rates page on the VA website.

    You can also calculate your combined disability rating by using charts from the Benefit Rates page of the VA website.

    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:

  • Scheduling an appointment with your regular doctor
  • Receiving a diagnosis and begin using a CPAP machine
  • Make VA Disability Claim
  • Receive a rating of 50% or higher
  • Qualify for Sleep Apnea disability from the VA
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    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.

    Yes You Can Die From Sleep Apnea Carrie Fisher Did

    Proving Sleep Apnea Service Connection to VA
    • Uncategorized
    • Yes, you can die from sleep apnea. Carrie Fisher did.

    News of the official cause of death of iconic Star Wars actress Carrie Fisher has swept the Internet, leaving open many unanswered questions. The headlines suggesting Fishers death at age 60 was caused by obstructive sleep apnea are giving many people reason to pause.

    Can you actually die from sleep apnea?

    Its unclear to the American Sleep Apnea Association whether Fisher had been diagnosed with and/or was actively treating her sleep apnea. We are attempting to learn more so that we may help educate others about diagnosis of and treatments for this very common medical condition.

    While the ASAA is focused on public awareness, education, and advocacy for sleep apnea, we have taken on a new initiativeto help find a cure for sleep apneaso that the deaths of Carrie Fisher and others can be avoided in the future. However, this work does not happen without support Please donate now to the ASAA and join us in finding a cure for sleep apnea!

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    Beware This Pitfall In Va Sleep Apnea Claims

    One of the two changes makes it a little easier for the Regional Office to deny your VA sleep apnea claim at the 50% disability rating level. ;The diagnostic criteria for a VA sleep apnea claim, found in the Code of Federal Regulations, have not changed. ;For a 50% rating, the diagnostic criteria still Requires use of breathing assistance device such as continuous airway pressure machine.

    But, with these changes in the VA playbook, VA is placing a greater emphasis on what is meant by the word required. ;Look at this new language in the m21-1MR:

    • When determining whether the 50-percent criteria are met, the key consideration is whether use of a qualifying breathing assistance device is required by the severity of the sleep apnea.

    A little bit later on, the manual now says,

    • Use absent a medical determination that the device is necessary does not qualify.; The regulation requires that the device be necessary and this is a medical question.

    That last phrase should be a warning and a clue to you.; In the past, if you presented evidence that your doctor prescribed a CPAP machine to help with your sleep apnea that was sufficient evidence in the eyes of VA for a 50% VA sleep apnea rating. VA personnel were like me; they assumed doctors did not prescribe anything that was not medically necessary.

    So, a prescription for a CPAP was proof that it was required for treatment of sleep apnea. ;Now, you need more than that because VA refuses to assume anything.

    What Are Vas Eligibility Criteria For Sleep Apnea Disability

    To be eligible, VA needs documentation and proof of the following three things:

  • A diagnosis of sleep apnea involving a sleep study from a qualified medical professional;
  • The sleep apnea started during or worsened as a result of, active service;
  • A nexus between your current diagnosis and the in-service event.
  • 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.

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