I was medically retired from the Army on 30 January 2017 and was given 60% DoD 70% VA now the VA has diagnosed me with Sleep Apnea and I have the machine is it possible for my VA rating to increase?
Sleep Apnea
- Thread starter rajeev2liz
- Start date
Indeed, it's feasible and dependent upon the severity of your Sleep Apnea medical condition's symptomology as to whether what particular DoVA disability rating is awarded by the DoVA Rating Agency.
As such, please reference the below 38 CFR VASRD criteria:
6847 Sleep Apnea Syndromes (Obstructive, Central, Mixed):
Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy__________ 100%
Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine______________ 50%
Persistent day-time hypersomnolence______________________________________________________________ 30%
Asymptomatic but with documented sleep disorder breathing____________________________________________ 0%
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
Thanks Warrior since I got the machine I see i would fall under the 50% but would the VA still give it to me since am out now? my main disability is PTSD and unspecified insomnia
You are welcome!
Indeed, you are a military disabled veteran now so you will need to submit a new DoVA disability claim for the Sleep Apnea with CPAP medical condition via eBenefits for quicker DoVA processing times. Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
Hey Warrior should I put it as a new condition or secondary condition, since I have ptsd and unspecified insomnia as a disability already?
Indeed, I would submit your Sleep Apnea w/ CPAP as a new condition since it's very challenging to try and get it as a secondary condition to PTSD (and unspecified insomnia) at least from my experiences. Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
The issue you may run into is Service Connection. I'd claim it as a secondary condition to the previously SC unspecified insomnia!
He is still within the one year mark from discharge, any claim submitted during that time frame will be considered service connected.
Can we be rated for both?
Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine______________ 50%
Persistent day-time hypersomnolence______________________________________________________________ 30%
Unfortunately, no; your symptomology shall only receive the highest possible DoVA disability rating. Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
Well I was just denied for it not being service connected and I just got out in April. The VA is a joke. I stop breathing over 10 times per hour, on a CPAP and have documentation of not sleeping while in service. Now I am going to appeal. Any ideas.
See the above post!
Indeed, I would request a reconsideration initially since it only take a couple of months to complete. Then, if the reconsideration doesn't yield a favorable result, I would submit a DoVA NOD which shall take a couple of years to adjudicate. But, submit the DoVA NOD within 12 months of receiving the DoVA Rating Agency's decision letter. Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
Did you have the CPAP longer than a year?
No, I have had my CPAP for about 2 months. We had the study scheduled while i was still on AD under a civilian doctor however i was sick and we had to move the date. Next available was after my final out and now they didn't connect it to service.
No bueno. I am in the same boat.
I had the same symptoms during service, and only got small amounts of treatment before entering MEB, and then I received a 10% rating for Anxiety (sleep disorder)
I got seen by the VA a few months ago for sleep, highly likely that I have sleep apnea... Did at home test, and was averaging 7 times per hour. I have my lab sleep study tonight at the VA and already been given the go-ahead to pick up a CPAP post this confirming the same result. Think I have a better chance at this?
Should I submit as secondary, or re-review rating of 10% Anxiety? New Condition?
Thanks!
I had the same symptoms during service, and only got small amounts of treatment before entering MEB, and then I received a 10% rating for Anxiety (sleep disorder)
I got seen by the VA a few months ago for sleep, highly likely that I have sleep apnea... Did at home test, and was averaging 7 times per hour. I have my lab sleep study tonight at the VA and already been given the go-ahead to pick up a CPAP post this confirming the same result. Think I have a better chance at this?
Should I submit as secondary, or re-review rating of 10% Anxiety? New Condition?
Thanks!
If you are taking about your Sleep Apnea with CPAP medical condition then I would suggest that you submit a new DoVA disability claim and use the medical symptomology documentation while in military service as your proof for DoVA military service connection.
If your Anxiety medical condition has become worse in accordance with 38 CFR VASRD criteria then you could submit a DoVA disability claim requesting an increased rating for that particular medical condition. Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
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Well I don't think that I have any anxiety issues lol
I claimed insomina..
But when it came to getting ratings, they sent me to a psyc eval and the doc gave me a BS, "do you sit with your back to the door in a restaurant?"
Uh. No.?
"Yeah everyone in the army has anxiety so your sleep issues are related" so that's what I got.
I guess I'll just file a new claim. Also trying to get migraines reevaluated by Civ doc & have him fill out the DBQ
I claimed insomina..
But when it came to getting ratings, they sent me to a psyc eval and the doc gave me a BS, "do you sit with your back to the door in a restaurant?"
Uh. No.?
"Yeah everyone in the army has anxiety so your sleep issues are related" so that's what I got.
I guess I'll just file a new claim. Also trying to get migraines reevaluated by Civ doc & have him fill out the DBQ
Okay, it would seem that you are quite aware of your medical condition(s) symptomology so just proceed from there; good deal! Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!