Va disability rating for sleep apnea secondary to ptsd

How Is Sleep Apnea Related To PTSD?

There are several different types of sleep apnea, and every person with sleep apnea experiences the condition to differing degrees of severity. Considering that around 20 percent of veterans are diagnosed with sleep apnea at some point in their lifetime, the VA has developed a schedular disability rating system for sleep apnea so that veterans whose sleep apnea was caused by their service can receive compensation.

There are a variety of conditions that occur in tandem with sleep apnea, but one of the most interesting ones among veterans is the relationship between sleep apnea and post traumatic stress disorder (PTSD). Veterans are up to three times more likely to have PTSD than the general population. Men, who represent a large percentage of the veteran population, are also more likely than women to develop sleep apnea. This connection between PTSD prevalence in the military and the gender-predisposition of men to develop sleep apnea is part of what contributes to the high rates of sleep apnea among veterans with PTSD. 

Veterans with more serious PTSD symptoms have also been found to have an increased risk of sleep disordered breathing, of which sleep apnea is the most prominent type. This in turn makes their PTSD symptoms more severe, because the lack of REM sleep they get due to their sleep apnea can impair both their mood and decision making. While the mechanism linking sleep disordered breathing and PTSD is not fully understood, the overwhelming amount of clinical evidence suggesting there is a causal connection between the two conditions is part of why the VA allows sleep apnea to be claimed as a secondary condition to PTSD.

Getting VA Disability Benefits For Sleep Apnea Secondary To PTSD

Under 38 CFR § 3.310, any disabilities that are caused or made more severe by a service-connected disability are subject to service connection and compensation. While some disabilities that are secondarily service connected are evaluated under the same schedular disability rating as the condition that caused them, sleep apnea that is service connected secondary to PTSD is always evaluated separately and assigned its own schedular disability rating.

In order to get service connection for sleep apnea secondary to PTSD, the veteran must establish a nexus between the two conditions. This means providing the VA with evidence that his or her sleep apnea is the result of his or her PTSD. In order to do this, some examples of evidence that could be provided are (1) medical records that show the overlapping onset of the veteran’s PTSD and sleep apnea symptoms and (2) a medical opinion letter from a physician stating that the veteran’s sleep apnea is at least as likely as not caused by his or her PTSD.

How The VA Rates Sleep Apnea

Under 38 CFR § 4.97, the VA rates sleep apnea based on the severity of the condition and/or the type of treatment required.

Diagnostic Code 6847: Sleep Apnea Syndromes (Obstructive, Central, Mixed)

  • 100 – Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy
  • 50 – Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine
  • 30 – Persistent day-time hypersomnolence
  • 0 – Asymptomatic but with documented sleep disorder breathing

Veterans who are unable to work due to their sleep apnea are eligible for a total disability based on individual unemployability (TDIU) rating no matter what their total schedular disability rating is. A TDIU rating pays veterans at the 100 percent compensation rate so long as they are unable to follow a substantially gainful occupation as a result of their service connected condition(s).

Get Help With Your Sleep Apnea Claim

If you have sleep apnea and PTSD and are looking to get secondary service connection for your condition, please contact our office today. Our experienced veterans disability attorneys are ready to help you get the compensation you deserve.

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American military veterans are vulnerable to many life-altering disorders. Veterans suffering from sleep apnea may be eligible to receive service-connected VA disability benefits.

In fact, more recent research has helped establish the many ways in which veterans can prove their sleep apnea may be linked to their time in the military. Whether on a direct basis or secondary to another service-connected condition (such as an in-service injury or PTSD, for example), there are many ways that you can prove a service connection for sleep apnea. 

Qualified VA disability attorneys work with deserving veterans, and doctors ( such as pulmonologists and respiratory specialists),  to secure disability benefits for sleep apnea. To help you understand more about sleep apnea and your VA disability rating, let’s explore a bit further. 

Benefits You Can Receive Based on Sleep Apnea VA Disability Ratings

The benefits you receive for a sleep apnea disability are tied to your VA disability rating. There are four different VA sleep apnea ratings as cited in Title 38, Code of Federal Regulation, Section 4.97.

  • 0 percent VA rating asymptomatic (no symptoms), but with documented sleep disorder breathing.
  • 30 percent VA rating with persistent daytime hypersomnolence, but in the absence of a breathing device
  • 50% VA rating if the use of breathing assistance devices is required, i.e., Continuous Positive Airway Pressure (CPAP) or Bi-level Positive Airway Pressure (BiPAP) 
  • 100 percent VA rating for chronic respiratory failure with carbon dioxide retention, cor pulmonale, or requires tracheostomy

What is Sleep Apnea?

Sleep apnea is a relatively common but serious condition characterized by interruptions in your breathing pattern while sleeping.

There are three primary types of sleep apnea, the most common being obstructive, then central, and finally complex:

  • Obstructive Sleep Apnea is the result of your throat muscles intermittently relaxing and blocking your airway while you sleep. 
  • Central Sleep Apnea occurs when your brain fails to send the proper signals to the muscles that control your breathing.
  • Complex Sleep Apnea is a combination of both obstructive sleep apnea and central sleep apnea. 

All three sleep apnea types can impair your daily functions. Sleep apnea also leads to other severe and life-threatening health conditions, including high blood pressure, metabolic disorders, liver disease, and type-2 diabetes.  

Veterans should be particularly alert to sleep apnea symptoms, as the disorder affects them at a disproportionately higher rate than members of the general civilian population.

Unfortunately, many veterans are not aware that they could have a viable claim for service connection for Obstructive Sleep Apnea (OSA) or the other types that can commonly occur in veterans.

Thankfully, medical research and scientific data continue to widely support service connection which can help veterans prove their case and seek the highest VA disability rating under the law.

Sleep Apnea Symptoms

While many sleep apnea symptoms may be mild, the ongoing recurrence or worsening of these symptoms warrants further investigation of their cause and effects through a sleep study.

In fact, veterans seeking to file a claim for sleep apnea disability benefits will be required to submit a sleep study medical diagnosis of their condition. 

Sleep apnea symptoms include:

  • Snoring
  • Dry mouth
  • Morning headaches
  • Interrupted breathing during sleep
  • Insomnia
  • Excessive daytime tiredness
  • Anger and Irritability

If you’re a veteran experiencing any of these symptoms, reach out to your doctor for help and inquire about sleep studies to determine if you have sleep apnea. 

Filing a Sleep Apnea Claim for VA Benefits

Military veterans suffering from sleep apnea may be eligible for VA benefits. A veteran’s disability benefits attorney can guide you through the necessary steps to file a claim successfully. 

Three conditions of proof must be met for a viable VA sleep apnea claim:

  1. Diagnosis of sleep apnea from sleep study administered by a qualified medical professional;
  2. The sleep apnea condition started or worsened during active service;
  3. Your current diagnosis and in-service event are connected.

If your sleep apnea did not develop during or worsen as a result of active service, you might still be eligible for benefits under a secondary claim. 

Secondary Sleep Apnea claims require:

  1. A medical diagnosis confirmed by a sleep study in VA  or private medical records; 
  2. Evidence of a service-connected primary disability; and 
  3. Medical evidence establishing a connection between the service-related disability and the current disability.

Your attorney will organize and prepare all evidence supporting these elements for your disability claim. While the VA initially denies most claims, many cases are won on appeal when the above criteria are met.

Filing for VA Sleep Apnea Benefits? Consult with a VA Disability Attorney

The Veterans Affairs Administration recognizes sleep apnea as a debilitating condition that warrants disability support. However, navigating the requirements of the claims and appeals process is challenging at best.

If you are a veteran suffering from sleep apnea, you need help to file a successful VA disability claim. 

Reach out to our legal team today to speak with an experienced VA disability attorney for assistance with your VA sleep apnea claim or appeal. 

Disability Law Group exclusively specializes in helping disabled individuals get the disability benefits they deserve. Unfortunately, people go through what seems like an uphill battle to win their disability case. We know the fight and we know it well.

The short answer: yes. PTSD can lead to sleep apnea. From a VA disability standpoint, this means a Veteran could develop sleep apnea secondary to PTSD and would therefore be entitled to compensation.
To make your case with the VA, you'll need what's known as a “nexus” letter from a doctor. A nexus letter is a letter simply states that your sleep apnea is as likely as not to have been caused by your service-connected PTSD, or another service-connected condition.

What conditions are secondary to sleep apnea?

8 Conditions Linked to Sleep Apnea.
PTSD. The most common condition that sleep apnea is connected to is PTSD. ... .
Depression. ... .
Stroke. ... .
Hypertension. ... .
Heart Disease. ... .
Gastroesophageal Reflux Disease (GERD) ... .
Asthma. ... .
Sinusitis & Rhinitis..

What is PTSD secondary VA disability?

If you've been diagnosed with PTSD, chances are you suffer from what are known as secondary conditions. Some examples of conditions secondary to PTSD are sleep apnea, gastroesophageal reflux disease (GERD), hypertension, migraines, and erectile dysfunction.