How Sleep Apnea Can Affect Your Ability to Work

Sleep apnea is a condition that impacts an individual’s ability to breathe and receive a consistent and sufficient flow of oxygen to the brain while they sleep. When a veteran is diagnosed with sleep apnea as a result of a service-related condition, they are eligible for VA disability compensation at varying levels. The purpose of VA disability compensation is to replace lost income due to a service-related disability, and sleep apnea can have a substantial and tangible impact upon your capacity to work. 

Even with effective treatment, sleep apnea can result in a substantially negative impact upon your cognitive performance. When you do not have sufficient restorative sleep, your mind is incapable of functioning correctly the following day, and the negative impact can be cumulative. Sleep apnea can result in a decrease in the ability of the individual to concentrate, which in turn can impact focus and workplace performance, as we’ll discuss. 

Sleep Apnea and Workplace Performance

Some of the leading symptoms that are associated with sleep apnea are irritability and stress, in addition to a negative impact on the ability of the impacted individual to concentrate. Some of the most common impacts on workplace performance caused by sleep apnea are: 

• A reduction in workplace motivation
• A drop in workplace satisfaction which can in turn impact performance and also workplace morale 
• A drop in the ability to effectively communicate with others, limiting the ability of the impacted individual to contribute optimally to the workplace 

When sleep apnea is not effectively treated, it can negatively impact the performance of individuals in a variety of professions. Excessive daytime sleepiness can lead to a broad range of negative impacts on an individual’s workplace performance. This can include missing important tasks or phone calls, being unable to react to problems at a reasonable speed, or an inability to work odd hours as required by the job. 

Sleep apnea is especially impactful on individuals involved in the following professions: 

• Truck drivers – one of the leading causes of truck accidents is drowsy driving, and sleep apnea increases the risk of drowsy driving, which can result in serious or even fatal accidents. Drivers who are drowsy are unable to safely respond to changes in road conditions and can cause accidents that would otherwise be avoided. 
• Healthcare workers – when the life of a client depends upon the effective performance of a worker, as in the healthcare industry, it is essential that the mind of the worker is focused. The daytime drowsiness that accompanies sleep apnea can make it impossible for healthcare workers to be available for the types of shifts that healthcare facilities require of them
• First responders – common occupations for veterans include paramedics, firefighters, police officers, as well as other emergency personnel, and being well-rested when working, and having the ability to be on-call is often essential for these positions. The symptoms that accompany sleep apnea could result in a veteran being a danger to themselves, their coworkers, and their clients, and thus these occupations may not be available to the impacted veteran. 

The VA’s Criteria for a Sleep Apnea VA Rating 

To collect VA disability benefits for sleep apnea, you must meet the following three essential criteria: 

1. You have a current diagnosis of sleep apnea from a medical professional 
2. Your sleep apnea is connected to an injury, illness, or event that occurred during your qualifying military service, whether during active duty, inactive training, or other covered activity
3. You have a medical opinion that determines a link between your sleep apnea and your qualifying active duty. This is generally presented through what is known as a nexus letter, and is produced by a medical professional who is knowledgeable of the VA disability process. If you have already filed a claim with the VA that has reached a final decision, a VA disability lawyer can help you with your appeal or supplemental claim 

When you have met these three criteria, the VA will then apply the ratings system to your sleep apnea to determine what benefits you are entitled to from the VA. 

Sleep Apnea VA Rating

Through the application process for disability benefits, upon approval you receive a sleep apnea VA rating of either 0%, 30%, 50%, or 100%. These ratings are assigned based upon the following factors and circumstances: 

• 0% sleep apnea VA disability rating: at this rating, you have received a diagnosis for sleep apnea, but is asymptomatic. This means that the symptoms are not so severe that they impact your day to day life, and further, that medication is not necessary. At this rating you are ineligible to collect tax-free monthly compensation payments. However, you will generally be eligible for medical compensation for healthcare linked to the condition, so long as you meet certain income qualifications. 
• 30% sleep apnea VA disability rating: at a 30% rating, the veteran experiences persistent daytime hypersomnolence, or excessive sleepiness during the day, which does not improve even when the veteran has had sufficient time sleeping
• 50% sleep apnea VA disability rating: at this rating, the veteran has been diagnosed with a need to use a breathing assistance device while sleeping, whether a CPAP, BiPAP, MAD, or APAP machine. These machines provide the veteran assistance with their breathing and providing a consistent flow of oxygen to their brain to mitigate the effects of sleep apnea 
• 100% sleep apnea VA disability rating: at a 100% disability rating, the veteran has chronic respiratory failure, including cor pulmonale which is the enlargement or failure of the right side of the heart as a result of lung disease, carbon dioxide retention, or when a tracheostomy is required 

Your VA disability rating reflects the impact it has upon your ability to work, and the greater your rating the higher the tax-free payments to replace your diminished earning capacity. 

Consult with a VA Benefits Lawyer Regarding Your Sleep Apnea VA Rating

If your claim for a sleep apnea VA rating has been denied or if you already have a VA-rated disability and need assistance, our VA disability benefits attorneys are here to help. Contact us to schedule your free initial consultation.