Recovering VA Disability Benefits for Sleep Apnea
July 07, 2022
According to the VA Office of Inspector General (“OIG”), sleep apnea is the most common service-connected disability of all the respiratory conditions for which veterans secure benefits. Reports by the OIG indicate that approximately 1.3 million veterans enrolled in the Veterans Health Administration (“VHA”) have a sleep apnea diagnosis. Sleep apnea is a potentially serious condition, and Michigan veterans should consult an attorney to discuss their rights and entitlement to service-connected benefits.
Sleep apnea is a sleeping disorder characterized by pauses in breathing or period of shallow breathing. This condition may cause individuals to experience fatigue and excessive sleepiness during the day. Various common risk factors are associated with this condition, including age, excess weight, and neck size. Those who do not receive treatment for sleep apnea are at a greater risk for depression, stroke, diabetes, and high blood pressure. Treatment for sleep apnea typically includes weight loss, surgery, and positive airway pressure therapy.
Many veterans experience sleep disorders ranging from post-traumatic stress disorder, traumatic brain injury, chronic stress, and sleep apnea. While sleep disorders can stem from a combination of stressors and medical conditions, some experts believe that sleep apnea is common among veterans who have experienced exposure to dust and fumes.
In light of the recent rating changes for sleep apnea, many veterans are reevaluating whether they have a claim for this condition or if their situation warrants an increased rating. The VA rating for sleep apnea largely depends on a veteran’s unique experience and condition. Like any other VA compensation claim, to secure benefits, the agency requires claimants to establish that they are qualifying veterans who suffer from an illness or injury that was obtained from their service.
Veterans must present evidence of their current condition and a causal link to their service. Evidence in sleep apnea cases typically requires the results of a sleep study. The VA will assign a rating to the veteran depending on the sleep study results. Under the proposed changes, the VA will evaluate these claims based on the condition’s impact on the claimant’s earning income instead of the prescribed treatment.
The VA rates a claimant’s sleep apnea based on four different levels of disability:
- 100%: For chronic respiratory failure, which may require a tracheotomy.
- 50%: For those who require assistance to breathe safely during the night, either through an airway pressure device, CPAP machine, or other appliances designed to keep airways open.
- 30%: This applies to those who experience excessive daytime sleepiness, which does not improve even when the individual gets the recommended amount of sleep.
- 0%: For those with documented yet asymptomatic sleep apnea.
Even with documentation, sleep apnea claims can be a challenging process. An attorney can assist claimants in meeting the VA’s strict procedural, regulatory, and statutory requirements. Further, an attorney can help veterans determine if an increased rating claim is appropriate under their circumstances.
Are You Looking for Assistance with a PTSD Stressor Statement?
If you are a service member experiencing sleep apnea, contact Legal Help for Veterans, PLLC, to discuss your benefit eligibility. In addition to assisting with sleep apnea, our veterans’ attorneys assist families in all veteran benefit cases. Our firm handles disability claims involving aid and attendance or housebound status, hearing loss, mental health disability, orthopedic disabilities, sexual assault, traumatic brain injury, and VA unemployability. In addition to new claims, our office handles reconsiderations, increases, and appeals. Contact our office at 1-800-693-4800 to schedule an initial consultation with an attorney on our team.