Related Case: Cpap Recall
On June 14, 2021, Philips announced a recall notification for some of their CPAP and other machines. Philips is one of, if not the, largest manufacturers of CPAP/Auto CPAP/BiPAP devices and therefore many people who use these devices will likely be affected by the recall.
Philips has determined from testing that the polyester-based polyurethane sound abatement foam used to reduce the noise of the machine may be harmful to those who use it.
If you use a Philips brand machine and have had adverse side effects, you may be eligible for compensation due to this recall.
What Are The Va Compensation Rates For Sleep Apnea
Are you a member of the armed forces and need information about the VA Compensation Rates for Sleep Apnea in 2019? Sleep apnea is a serious sleep disorder that can have life altering side effects and the most common respiratory disability among veterans.
Veterans filing for compensation in 2019 will need to provide indisputable medical evidence that they are experience problems from Sleep Apnea and need their CPAP machine on a nightly basis. A VA Rating of 50% means that a CPAP machine is required for night time sleep.
Many veterans believe they must have participated in a sleep study during their service in order to qualify for VA benefits. This is not true and recent expansions make more people eligible for sleep claims than ever!
How To Get Rid Of Sleep Apnea
If youve been diagnosed with sleep apnea or even suspect you may have it, you probably know that its important to have it treated before it leads to other, more serious health conditions. The good news is that most cases of sleep apnea can be easily treated. The even better news is that many cases of obstructive sleep apnea can be completely cured. If you arent sure how to get rid of sleep apnea, dont stress because we have provided information on how to cure sleep apnea, as well as sleep apnea treatments without CPAP equipment.
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Do You Have Questions About How To Service Connect Sleep Apnea Claims
Youre arent alone. Winning a VA claim to service connect sleep apnea is hard. Winning a VA Sleep Apnea is much harder. In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup.
Its almost as much work and it can often take as much dedication.
* Can I service connect sleep apnea without a sleep study in service?
* What if it wasnt diagnosed until years after service can I service connect it then?
* How do I appeal the VAs denial of my Sleep Apnea?
I got so many questions that I began to do a lot of research into how to service connect Sleep Apnea claims and what is happening with Sleep Apnea in the Veterans community.
Heres 4 lessons I learned that I want to pass on to you if you can really learn and understand these lessons, you will have the power to really improve and service connect sleep apnea claims and appeals.
Secondary Basis Proof For Va Disability Claims
Additionally, service members may attempt to prove their sleep apnea is service-connected through a secondary basis.
The VA accepts disability claims that connect sleep apnea with another medical condition that developed or worsened during service.
For example, medical experts already have found links between asthma, mental health disorders, TBI, and PTSD with sleep apnea.
Therefore, you may be able to prove sleep apnea is service-connected through a secondary condition/basis.
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Get Help With Your Va Sleep Apnea Rating
Think you need help with your sleep apnea disability claim? Havent applied and want assistance? Were you denied a VA sleep apnea rating and want to appeal? Just not sure what to do next? Give Woods & Woods a call.
Since 1985, we have successfully represented thousands of veterans and their families. We offer free legal consultations and free help filing your application. Our lawyers only charge if you hire us for an appeal and we win. Our law firm is here to answer any questions you have and make a recommendation for your claim. If you need help, reach out to us about your VA disability sleep apnea rating.
Secondary Basis Medical Conditions
Fortunately, there are several medical conditions that service members may cite on a secondary basis like:
- Traumatic Brain Injury
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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How To Get Va Compensation For Sleep Apnea
It can be difficult to acquire disability assistance for sleep apnea complications if you dont know where to start.
For you to be eligible for VA disability for your sleep apnea, you must prove that your service is directly connected to your current condition. A VA disability claimant must show:
- That they have a current medical diagnosis of sleep apnea
- That during their service there was an event, including an illness or an injury, that occurred and formed a medical nexus or link to the sleep apnea
In other words, the claimant must show that something during their service directly contributed to or caused the sleep apnea, and they must be currently suffering from sleep apnea on a regular basis.
Note that veterans can use a secondary basis to establish a service connection to their sleep apnea. Put another way, if a veteran has another service-connected disability already, they may be able to prove that the first disability is now contributing to or causing the second sleep apnea disability. Various conditions that qualify under VA codes for disability can also qualify as a secondary basis, including:
- Mental health conditions such as PTSD
- Heart conditions
- And more
Above all else, its important to talk to your doctor if you believe that your sleep apnea was caused by a service-connected condition. They will be able to examine your conditions symptoms and determine whether there is evidence of a medical nexus somewhere in your service record.
Get Your Va Disability Rating For Sleep Disturbances
Sleep disturbances can have a serious impact on every area of your life, from your relationships to your career. Getting the right VA disability rating for sleep disabilities can help get you the compensation you deserve. Talk to your doctor about getting a diagnosis and start the process of applying for VA disability.
If youd like help submitting or appealing a VA disability claim, get in touch with us at Woods and Woods, The Veterans Firm. We fight for veterans every day, and you dont pay unless we win. Contact us today to start getting the compensation you deserve.
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Va Disability Benefits For Sleep Apnea
Winning a VA disability claim for sleep apnea is an uphill battle, but it isnt impossible. With the information presented here, you can work with your VA disability attorney to evaluate the strength of your sleep apnea disability claim and decide whether applying for VA disability compensation is the best path for you.
Veterans Claims For Sleep Apnea Soar
WASHINGTON Veteransâ claims for sleep apnea a common, treatable ailment often associated with obesity and aging have spiked nearly 150% since 2009, driving compensation for the disorder likely over $1 billion per year, according to government data and interviews.
Nearly nine of 10 veterans receiving compensation are considered 50% disabled by the condition, in which breathing ceases during sleep. For a single veteran without dependents, the monthly payment is $822.15 for a disability rating of 50%.
About half of Americans who suffer from it are overweight, according to the National Institutes of Health. Aging is also a contributing factor. Untreated, sleep apnea can lead to serious health problems, including heart disease.
Veterans Affairs officials attribute the surge in claims more than 94% of them from veterans of Gulf War I or the Afghanistan and Iraq wars to greater awareness of the condition. With that awareness comes treatment and appropriate care, they say.
âSleep apnea has become more and more known as a disease,â said Bradley Flohr, senior adviser for compensation service at the Veterans Benefits Administration. âIt can be quite severe. You can die from it.â
USA TODAY first reported on rising sleep apnea claims in June 2010, when only 63,118 veterans were receiving benefits for the condition.
The rating system for all disabilities, including sleep apnea, is under review new rules could be in place within two years, Murphy said.
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Filing For Va Disability Benefits We Can Help
Sleep apnea can affect every aspect of your life, from your ability to work to your overall health. Even if your sleep apnea was not directly caused by your military service, you may still be able to receive benefits for this condition if it is linked to a service-related disability. Working with a New Jersey veterans disability benefits attorney can increase the chances of being approved for a combined rating based on your primary condition and sleep apnea.
At Bross & Frankel, we are proud to help the men and women who have served our country. We offer a range of legal services for veterans, including assistance with filing for VA disability benefits. Contact us today at , or online to schedule a free initial consultation.
Speak with an experienced disability lawyer about your claim today.
- Social Security Disability / SSI Claims
- Veterans Disability Compensation & Pension
- Long Term Disability Claims / ERISA Benefits
- Workers Compensation Claims
Type Ii Diabetes & Sleep Apnea
Sleep apnea is often linked to diabetes because of obesity. Not getting enough sleep can throw off the bodies insulin production and therefore might be linked to diabetes. Sleep apnea also can make people tired and they get less exercise, which leads to obesity. Veterans can receive both sleep apnea and diabetes veterans disability benefits at the same time.
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Sleep Disorders Are Skyrocketing Among Us Military Personnel Study Finds
A new study has found that serious sleep disorders are on the rise in the U.S. military — conditions that can affect readiness and cause short- and long-term physical and mental health problems for troops and veterans.
According to research from the University of Texas Health Science Center at San Antonio, insomnia diagnoses increased 45-fold, and obstructive sleep apnea rose 30-fold, among U.S. service members from 2005 to 2019.
The increases should concern military leaders and doctors as well as the Department of Veterans Affairs, which provides medical treatment for veterans with service-related conditions, said retired Army Col. Vincent Mysliwiec, a sleep expert and one of the study’s authors.
“A large percentage of military veterans have insomnia and sleep apnea. We’re trying to develop a better understanding of the factors that go into sleep disturbances that can develop into sleep disorders in the military,” he said.
Rates for insomnia across the services rose consistently beginning in 2005 and peaking in 2015 before dropping slightly. Sleep apnea diagnoses peaked in 2016, but remained higher than they had been previously, according to the research.
Tip #1 For Preparing For Your C& p Exam For Sleep Apnea As A Secondary Condition To Ptsd: Know Your Medical Records In Detail
It is essential to know your medical records!
Before going into your C& P exam, make sure to revisit your medical records, going through them in detail. The knowledge of your own history and detailed medical condition is one of the greatest tools you can have at your disposal during the VA disability claim process.
While going through your medical records, you will want to specifically look for a number of important facts.
You will want to make sure that you have a medical diagnosis of your sleep apnea already in your records.
Look for subjective symptoms of your disability in your service treatment records.
Identify where the symptoms of sleep apnea began after developing PTSD.
Look for facts in your record that could establish a logical link between sleep apnea and PTSD.
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How Does The Va Diagnose Sleep Apnea
The VA will usually order a sleep study to be performed in order to confirm a current diagnosis of sleep apnea. As a part of the VAs duty to assist veterans in obtaining evidence to help prove their claim, the VA has a duty to assist veterans in scheduling the examination for a sleep study. This study will serve as medical evidence for the veterans case.
For veterans who have already been diagnosed with sleep apnea without a sleep study by the VA, the veteran may have to undergo a sleep study done by the VA in order to confirm the diagnosis for benefit purposes.
What If You Conducted The Study After You Separated Or Retired
Most veterans fall in the category of conducting a sleep study when they got out , and it was evident by the doctor that you had sleep apnea and had a CPAP machine. Acquiring a CPAP machine still does not constitute an automatic claim approval. On the bright side, since the VA provided the CPAP machine, that means its in your medical records.
Your medical records are essential in all of your claims. Especially when it comes to sleep apnea, a complex process where most of the information will depend on how well its been service-connected.
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Direct Service Connection For Sleep Apnea
For direct service connection you must show either of the following:
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.
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Lesson #: More Veterans Should Be Able To Service Connect Sleep Apnea
I spent nearly a year researching Veterans and their Sleep Apnea claims. I talked to several doctors and sleep experts. I read hundreds of cases. I talked to hundreds of Veterans and read their C-Files to see where they went wrong.I learned that to win your Sleep Apnea claim, you are going to have to put your Sleep Apnea Claim together right.
This is where I come in. I can teach you how to do that. I can teach you:* HOW to prove your Sleep Apnea Claim for any of the 3 types of Sleep Apneayou have.* The EASIEST Way to prove Sleep Apnea.* WHAT evidence to use and which path to Service Connection to use.* WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim.* To prove your Sleep Apnea is service connected without a sleep study in the military?* The importance of a medical expert opinion in your Sleep Apnea claim. .* The SPECIFIC EVIDENCE you will need to prove another medical condition caused your sleep apnea* How the VA will rate your sleep apnea condition after granting Service Connection.
How can you learn more about these things? Check out the Sleep Apnea Field Manual. There are 3 ways to get it:
Sleep Apnea In Gulf War Veterans
Sleep Apnea is a serious health condition. It is an important predictor of heart disease. It can cause you to fall asleep while driving, can lead to changes in brain structure, and can affect your ability to convert short-term memories into long-term memories.
According to the Mayo Clinic, there are several types of sleep apnea, but the most common is obstructive sleep apnea. This type of sleep apnea occurs when your throat muscles intermittently relax and block your airway during sleep. A noticeable sign of obstructive sleep apnea is snoring. Risk factors for obstructive sleep apnea include excess weight, narrowed airways, hypertension, smoking, genetic factors, chronic nasal obstruction, neck size, and diabetes. Thinner individuals can also develop obstructive sleep apnea.
Some Veterans speculate that Gulf War service may be linked to obstructive sleep apnea however, researchers have not yet proven this, as the data are limited, and research studies have not controlled for the risk factors listed above. Some data or research findings include:
These studies suggest that there could be a relationship between sleep apnea, Gulf War service, and potentially, Gulf War illness, but more studies are needed to control for other confounding variables or causes.
Currently, sleep apnea is not a presumptive condition, so Veterans must file a claim on an individual basis if they are seeking disability compensation and/or increased health care eligibility.
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