Va Denied Sleep Apnea Claim
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The diagnostic criteria for a VA sleep apnea claim found in the Code of Federal Regulations have not changed.
Va denied sleep apnea claim. The VA is scrutinizing Obstructive Sleep Apnea OSA claims very carefully these days. They deny most claims. Obstructive sleep apnea OSA throat muscles relax during sleep causing partial or complete blockage of the airways. To begin we must get inside the VA claim process to understand WHY the VA keeps denying your claim for Sleep Apnea.
While Modern Medicine dispels the myth that only obese people get sleep apnea it is still very hard for Veterans to get their VA claims for sleep apnea approved. I suppose the reason is obvious. Many veterans attempt to service-connect sleep apnea as a primary disability condition and cant seem to figure our why the VA keeps denying your sleep apnea claim. In our experience it comes down to 3 factors.
Evaluation of residuals anterior cruciate ligament repair left knee currently evaluated as 10 percent disabling is denied. I was then diagnosed with Obstructive Sleep Apnea so then in May 2019 I filed a Supplemental Claim to provide new evidence since I was actually diagnosed with OSA. 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. It was denied after no CP.
After talking with my psychologist I got a sleep study ordered. No current medical diagnosis of Sleep Apnea 3. I thought that anything within 1 year of separation was considered service connection. Sleep apnea claims often denied Sandy Britt For The Leaf-Chronicle Sleep apnea is one of the most common conditions veterans want to file a VA disability claim for.
No way to prove service connection under the law. I submitted lay statements from my ex-boss and wife along with my sleep study from my doctor. My name is Jay. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims CAVC or the Court.
If you are a veteran suffering from Sleep Apnea and VA has denied your disability claim you may still eligible for disability compensation. Even with the extensive medical research and statistically significant correlations between sleep apnea and post-traumatic stress disorder PTSD weight gain type 2 diabetes and cardiovascular disease it can be difficult to get VA approval for sleep apnea claims. The VA denied sleep apnea in my claimthey said it was because I had no sleep study in service the veteran says. Im new to this site.
If youve been diagnosed with sleep apnea you may be entitled to veterans disability benefits. Entitlement to service connection for sleep apnea as secondary to depression is granted. VA Rating for Sleep Apnea. The most common VA rating for Sleep Apnea is 50 which requires the use of a breathing assistance device such as Continuous Positive Airway Pressure CPAP machine.
I recently received my decision from the VA on my claim for Sleep Apnea. Over the past decade the VA has seen a spike in claims for sleep apnea and as a result theres a greater awareness of this condition. I did the sleep research but. Top 3 Reasons Why VA Claims for Sleep Apnea Get Denied.
Yes Sleep Apnea is a VA disability and its rated under diagnostic code 6847 Sleep Apnea Syndromes Obstructive Central Mixed. To properly comment on your situation Id have to know the date monthyear you were discharged. VA recognizes the three types of sleep apnea all of which may seriously damage a veterans ability to maintain gainful employment and disrupt normal everyday functions. No Sleep Study 2.
Many veterans apply because of the relatively high 50 rating. While more veterans are filing VA Sleep Apnea claims more are being denied. Between 2013 and 2014 over 75 of Sleep Apnea appeals to the BVA were denied. Call us to speak to one of our experienced Veterans Disability attorneys.
I will never prove my claim You see somewhere out there the general thinking generally wrong thinking has become that you need a sleep study in the military to prove that your current diagnosis of sleep apnea is related to your military service. In 2012 I was having dreadful night-sweats and snoring I experienced awful for my wife and the doctor had me take a rest study. A Veterans Case for Sleep Apnea Disability Benefits. The VA repeatedly denies these claims without fully considering the medical significance of sleep apnea and.
Veterans in this post I list more than 50 possible sleep apnea secondary conditions so veterans can win service-connect and rate your sleep apnea VA claim in less time. This is the most common form.