Va Sleep Apnea Claim Denied

Sleep apnea is one of the most common conditions veterans want to file a VA disability claim for.

Va sleep apnea claim denied. After talking with my psychologist I got a sleep study ordered. VA Rating for Sleep Apnea. It was denied after no CP. A VA CP exam concluding that sleep apnea was less likely than not related to military service.

As many as 38 of all claims are denied in error due in part to a weak initial application that lacks medical evidence or doesnt clearly demonstrate service connection. Today my appeals was denied ao 3272013. 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 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.

In an August 2008 decision the Board denied a claim stylized as entitlement to service connection for Lyme disease and dismissed without prejudice a claim for service connection for sleep apnea. 11101131 5107 38 CF. Sleep Apnea MUST be Service-Connected One main reason why veterans repeatedly get denied by the VA is that they submit their sleep apnea claim with no clear evidence of service-connection. Entitlement to service connection for sleep apnea is denied.

The VA is scrutinizing Obstructive Sleep Apnea OSA claims very carefully these days. Many veterans apply because of the relatively high 50 rating. 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. Unfortunately it is not simple to prove that sleep apnea is related to your military service and the VA denies many sleep apnea claims for service-connected disability compensation.

The VA repeatedly denies these claims without fully considering the medical significance of sleep apnea and its physical effects on the body. 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. CONCLUSION OF LAW 38 USC. What does that mean.

As the phrase implies Service-connected means that the disability aggravated while in service. Top 3 Reasons Why VA Claims for Sleep Apnea Get Denied. 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. 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.

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. They deny most claims. This is the most common form. 3102 3303 3304.

My name is Jay. I was sent va form 9 and a form called optional appeal hearing. I thought that anything within 1 year of separation was considered service connection. I recently received my decision from the VA on my claim for Sleep Apnea.

The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims CAVC or the Court. Here is my question now that I have been denied my claim. The Veteran served from September 1972 to March 1981. I did the sleep research but.

VA Sleep Apnea Claim 2 This Veteran served in Iraq. Sleep Apnea is a very complex medical issue that impacts many military veterans. A Veterans Case for Sleep Apnea Disability Benefits. He was denied service connectio n for sleep apnea by the BVA despite extensive evidence of treatment for sleep apnea from 2007 2014 at VA medical facilities.

To begin we must get inside the VA claim process to understand WHY the VA keeps denying your claim for Sleep Apnea. Between 2013 and 2014 over 75 of Sleep Apnea appeals to the BVA were denied. Obstructive sleep apnea OSA throat muscles relax during sleep causing partial or complete blockage of the airways. I submitted lay statements from my ex-boss and wife along with my sleep study from my doctor.

I put a claim in for sleep apnea back on 3152012 was denied on 7102012 letter of disagreement was received by ro on 7162012. 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 our experience it comes down to 3 factors. No Sleep Study 2.

Many of them have been diagnosed with the condition many years after leaving active duty service. I suppose the reason is obvious. To properly comment on your situation Id have to know the date monthyear you were discharged. Im new to this site.

Any veteran pursuit a sleep apnea VA disability claim should be ready for the long-game when trying to prove to the VA that their sleep apena is service-connected. The VA denied sleep apnea in my claimthey said it was because I had no sleep study in service the veteran says. No current medical diagnosis of Sleep Apnea 3. Yes Sleep Apnea is a VA disability and its rated under diagnostic code 6847 Sleep Apnea Syndromes Obstructive Central Mixed.