Various events or stressors experienced during military service may lead to the development of sleep apnea during or after service. However, to obtain VA benefits for sleep apnea, you must prove that the condition has a connection to your military service. Understanding what veterans need to do to establish a service connection for their sleep apnea can help them obtain the financial compensation they deserve for a life-altering medical condition caused by their military service.
Understanding Sleep Apnea and VA Disability Ratings
Sleep apnea refers to a family of medical conditions that cause a person to stop breathing while asleep. Various forms of sleep apnea may involve narrowing of the trachea (windpipe) that blocks airflow into the lungs, or a disruption in brain signals to the muscles involved in breathing. Veterans may develop sleep apnea due to various conditions they experience in their military service, such as high-stress environments, PTSD, irregular sleep schedules, traumatic brain injuries, or exposure to aerosolized toxic chemicals or other respiratory irritants. Under the VA’s Schedule for Rating Disabilities (VASRD), sleep apnea has a diagnostic code of 6847. The VASRD provides VA claims reviewers with criteria for assessing the severity of service-connected sleep apnea to assign a disability rating to a veteran’s condition. The VA can assign a disability rating of zero, 30, 50, or 100 for sleep apnea, depending on a veteran’s symptoms. The criteria for disability ratings for sleep apnea include:
- Zero: Asymptomatic but with documented sleep disorder breathing
- 30: Persistent daytime hypersomnolence (excessive daytime sleepiness or difficulty staying alert after an adequate nighttime sleeping period)
- 50: Requires use of breathing assistance devices such as CPAP machines
- 100: Chronic respiratory failure with carbon dioxide retention or cor pumonale, or requires tracheostomy
Common Reasons Why the VA Denies Sleep Apnea Claims
Some of the most frequent reasons why the VA might deny a veteran’s disability benefits claim based on sleep apnea include:
- No documented in-service symptoms, which may indicate a lack of a service connection
- Insufficient medical evidence to prove a service connection
- No evidence of in-service triggers for sleep apnea, such as TBIs, exposure to respiratory irritants, or mentally traumatic events
- Lack of severity (i.e., asymptomatic sleep apnea)
The Three Elements Required to Prove a Service Connection
To obtain VA disability benefits, a veteran must prove three elements to establish a service connection for their condition. These elements include:
- A current, formal diagnosis of sleep apnea, which usually occurs through a sleep study; the diagnosis may also document the severity of symptoms or complications caused by the sleep apnea
- An in-service event causally linked to the sleep apnea, such as regular sleep disturbances during service, exposure to respiratory irritants, or a traumatic brain injury
- Medical evidence linking the veteran’s military service to their sleep apnea.
How to Prove Direct Service Connection
Some veterans may prove a direct service connection for their sleep apnea by providing medical documentation of sleep disturbances that began during their military service. Veterans who sought treatment while in the military for poor sleep may establish that their service caused their sleep apnea, especially if their sleep disturbance began after an acute in-service event like a traumatic brain injury or exposure to toxic air.
Secondary Service Connection: Another Path to Approval
Sometimes, a veteran may qualify for VA disability benefits for sleep apnea that qualifies as a secondary condition, or a condition caused or aggravated by another directly service-related condition. For example, a veteran may receive benefits for sleep apnea caused by weight gain or obesity resulting from a sedentary lifestyle necessitated by the veteran’s amputation or paralysis from a service injury.
Contact Our VA Disability Lawyers Today
The effects of sleep apnea can leave you fatigued throughout the day, making working or handling daily activities exceedingly difficult. Contact Veterans Law Attorneys today for a free, no-obligation consultation with a VA disability benefits attorney to learn more about the process of establishing a service connection for sleep apnea that significantly affects your daily living and ability to work.
