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Sleep apnea is a potentially serious sleep disorder characterized by frequent episodes of a person’s breathing stopping and starting again while they sleep. Often sufferers don’t realize they have sleep apnea despite the sleep disturbances it causes them. However, they may not wake feeling refreshed and experience excessive daytime sleepiness.
Sleep apnea is not a very common sleep disorder. About 5 percent to 10 percent of the general population suffers from the condition. But it’s far more common among Veterans. Studies show that veterans are four times more likely than the general population to develop sleep apnea. If left untreated, sleep apnea may lead to sleep deprivation and serious health problems, including type 2 diabetes, high blood pressure, strokes, heart attacks, and a shortened life span.
Veterans may be eligible to receive VA disability compensation for sleep apnea if their symptoms interfere with their ability to work. An experienced and knowledgeable VA benefits lawyer from Berry Law can help you with your sleep apnea claim. Contact us today for a free consultation.
Why Choose Us?
At Berry Law, our experienced VA benefits attorneys represent veterans throughout the United States. We are committed to providing quality and effective legal representation to the men and women who have served our country and sacrificed their safety in the line of duty. At the very least, our veterans are entitled to the benefits and compensation they deserve.
There are three types of sleep apnea—obstructive sleep apnea, central sleep apnea, and mixed sleep apnea.
Often referred to as OSA, obstructive sleep apnea occurs when the muscles in the throat that support the soft palate relax and block your airway. When the brain senses that you cannot breathe, it briefly wakes you so you can reopen your airway. During these awakenings (which you may not be aware of), you may snort, gasp, or choke. These episodes can occur up to 30 times an hour, interfering with your sleep cycle and hampering restful sleep.
This type of sleep apnea is less common. It occurs when the brain fails to signal the muscles in your chest that control breathing. The most common type of central sleep apnea is known as Cheyne-Stokes. It’s characterized by breathing alternating between periods of not breathing and periods of hyper breathing.
Sometimes referred to as complex sleep apnea syndrome, mixed sleep apnea is when someone experiences both central and obstructive sleep apnea.
The most common symptoms of central and obstructive sleep apnea include:
Sleep apnea can be associated with excessive weight, the use of alcohol or sedatives, smoking, nasal congestion, or a medical condition. Sufferers of central sleep apnea tend to be older individuals, men, those with heart disorders, and stroke survivors. Interestingly, both post-traumatic stress disorder (PTSD) and traumatic brain injuries (TBIs) have been found to increase the chances of a veteran developing sleep apnea or another type of sleep disorder. Therefore, it’s important for veterans with sleep apnea—or another sleep disorder—to file a claim with the VA and receive the benefits they deserve.
When filing a sleep apnea claim for VA disability, you should provide the following:
Documentation of Symptoms and Treatments: Document your sleep apnea symptoms, such as excessive daytime sleepiness; if you had a sleep apnea diagnosis from a doctor; and any prescribed treatments, such as medications or devices, including continuous positive airway pressure (CPAP) therapy.
Sleep Study: Most doctors require a sleep study to accurately and definitively give a sleep apnea diagnosis and prescribe treatments, such as a CPAP or other breathing assistance device.
How Sleep Apnea Affects Your Work: In order to obtain VA disability for sleep apnea, you will need to show how the sleep disorder is impacting your ability to work. For example, if your job requires you to operate heavy machinery, your ability to do your job may be hindered by sleep apnea-induced excessive daytime sleepiness.
Show Service Connection: An essential element to getting VA benefits for sleep apnea is showing that your sleep apnea is a service-connected disability. You can either show that you developed sleep apnea while in the service or were diagnosed with sleep apnea due to another service-connected condition.
The first step in obtaining VA disability benefits is to show the VA that your disability is related to or began during your military service. To accomplish this, a veteran’s claim and the evidence that the VA develops must show three things:
In the case of sleep apnea, many veterans may have started experiencing symptoms during their time in service. Many veterans, for example, develop severe snoring during service or are told by roommates or significant others that they stop breathing in their sleep. These can be symptoms of obstructive sleep apnea that continue to progress after a veteran’s service.
Many times, the veteran did not seek treatment for sleep issues during service because, at the time, they didn’t realize that they had a sleep disorder. In these cases, it can be difficult to gather the evidence a veteran needs to be service-connected for their sleep disorder.
In some cases, sleep apnea may be related to another service-connected disability, such as post-traumatic stress disorder.
The experienced attorneys at Berry Law understand the requirements of VA law and regulations and know what kind of evidence the VA looks for in deciding claims for VA disability for sleep apnea. If the VA has denied your sleep apnea claim, contact us today and let us review your file.
Once a veteran proves that their sleep disorder is related to military service, the VA will determine the veteran’s monthly compensation amount based on a complex series of rating criteria set forth in VA regulations.
The VA disability ratings for sleep apnea are assigned at 0, 30, 50, or 100 percent. If sleep apnea causes documented sleep disorder breathing but is otherwise considered asymptomatic sleep apnea, the veteran will be assigned a 0 percent rating, meaning the veteran will not receive any monthly payment amount for sleep apnea.
If the veteran experiences severe sleep apnea with persistent excessive sleepiness during the day, they will receive a 30 percent VA disability rating.
Using a CPAP machine will entitle a veteran to an automatic 50 percent rating.
And finally, if the veteran’s sleep apnea causes chronic respiratory failure with carbon dioxide retention or cor pulmonale, or if their sleep apnea requires tracheostomy, then a 100 percent rating will be awarded.
Click here to learn more about how to increase your VA disability rating.
The 2023 VA disability benefits rates went into effect on Dec. 1, 2022. For a single Veteran with an obstructive sleep apnea claim above 0 percent disability rating, the compensation is as follows:
If a veteran has a spouse or dependents, such as children or parents, the monthly benefits for sleep apnea are increased. Additional VA disability claims could also increase your VA compensation.
Veteran sleep apnea and other sleep disorders are becoming more and more common. If you are suffering from sleep apnea or any sleep disorder and have been denied a disability claim by the VA, please call (888) 682-0786 or contact us online today for a free consultation. We proudly represent veterans in all 50 states.
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