VA Disability Lawyer for Sleep Apnea
Sleep apnea is a common condition, with millions of Americans living with it each year. However, studies have shown an increased risk of developing this condition for those who served in the armed forces. A number of factors including difficult sleeping environments and high levels of stress contribute to the increased rate of diagnosis.
If you are living with obstructive sleep apnea and believe it is related to you military serve, you could be entitled to benefits through the VA. Disability benefits for this condition can be challenging to obtain, especially on your own. If your claim has been denied, the sleep apnea VA disability attorneys of Gang & Associates are here to help you with your appeal.
Sleep Apnea and Military Service
There are direct links between military service and the likelihood of developing sleep apnea. According to research by the American Academy of Sleep Medicine, there is a high level of sleep disorders and short sleep duration among active-duty military personnel. The study found that a majority of those on active duty have some type of sleep disorder, with close to 85 percent being deprived of sleep.
One of the most common causes of sleep apnea is sleep deprivation. You can find yourself missing out on restful sleep while on active duty for a number of reasons. Some include the following:
Stress
Even military members who have enough time in their schedule for a full night of sleep do not always get it. The stress of combat or training can be enough to make it impossible for someone to get the sleep they need. This is especially common with someone facing PTSD symptoms.
Disturbed Combat Sleep
Insomnia is common on the battlefield. When someone is in active combat, getting even an hour or two of sleep might be impossible. These long periods without rest can increase the risks of sleep apnea or other conditions.
Prolonged Sleep Deprivation
The lack of a typical sleep schedule is almost a rite of passage in the military. This job involves long hours under the best of circumstances. It is not uncommon to go unnaturally long periods without sleep, particularly in combat situations. This can occur due to unusual work schedules, rapidly changing orders,
Chronic Pain
A person suffering from chronic pain is at an increased risk of many sleep disorders, including sleep apnea. Pain can make it impossible for a person to fall asleep despite their best efforts. Those who rely on pain medication to get to sleep are still at an increased risk for apnea as well.
Understanding Sleep Apnea
Sleep apnea is a type of sleep disorder that interrupts a person’s breathing while they are asleep. It can come in different levels of severity, but the consequences of leaving it untreated can be serious.
Obstructive sleep apnea occurs when relaxed muscles at the back of a person’s throat blocks their breathing after they fall asleep. The relaxing of the muscles leads to a narrowed airway, which makes it difficult for the human body to get enough oxygen. In some cases, this reduction in the amount of oxygen that gets to your brain can cause a person to wake between five and 30 times in one night.
There are three different types of sleep apnea, and understanding each of them is helpful. They include:
Obstructive Sleep Apnea (OSA)
This is the most common type of sleep apnea. It occurs when muscles within the throat relax when you fall asleep, causing a narrowing of your airways.
Central Sleep Apnea (CSA)
Unlike OSA, this condition is not related to a physical blockage of your throat. Instead, this type of sleep apnea occurs when the brain fails to send appropriate signals to control your breathing.
Treatment-Emergent Central Sleep Apnea
This condition begins as OSA, but converts to CSA after being treated for the original form of apnea.
Signs of Sleep Apnea Among Veterans
Understanding the signs of this condition is important if you hope for a sleep apnea VA rating. One of the challenging aspects of this condition is that each type of sleep apnea shares the same symptoms. Without sleep testing, it can be impossible to know which of three types you might have developed.
Another complication that comes with identifying this condition is that many symptoms are only present when you are asleep. Unless someone else is able to make note of them, you could go years without being aware they are happening. This involves loud snoring and going unusually long periods at night without breathing. Although others can identify these symptoms, it is important to confirm them through a formal sleep study.
You could be keenly aware of other signs of sleep apnea. For example, waking up with a dry mouth or a headache are symptoms that should not be ignored. Irritability and difficulty paying attention during the day are also common signs.
Two of the most important examples are sleep disruptions. Most people with sleep apnea find themselves having a hard time staying asleep at night. Likewise, these same individuals frequently struggle with hypersomnia, which involves excessive sleepiness throughout the day. Together, these signs could point to a potential sleep apnea diagnosis.
Sleep Apnea Claims
Sleep apnea is a common condition, with millions of Americans living with it each year. However, studies have shown an increased risk of developing this condition for those who served in the armed forces. A number of factors, including difficult sleeping environments and high levels of stress, contribute to the increased rate of diagnosis.
If you are living with obstructive apnea and believe it is related to your military service, you could be entitled to benefits through the VA. Disability benefits for this condition can be challenging to obtain, especially on your own. If your claim has been denied, the sleep apnea VA disability attorneys of Gang & Associates are here to help you with your appeal.
Sleep Apnea and Military Service
There are direct links between military service and the likelihood of developing sleep apnea. According to research by the American Academy of Sleep Medicine, there is a high level of sleep disorders and short sleep duration among active-duty military personnel. The study found that a majority of those on active duty have some type of sleep disorder, with close to 85 percent being deprived of sleep.
One of the most common causes of apnea is sleep deprivation. You can find yourself missing out on restful sleep while on active duty for a number of reasons. Some include the following:
Stress
Even military members who have enough time in their schedule for a full night of sleep do not always get it. The stress of combat or training can be enough to make it impossible for someone to get the sleep they need. This is especially common with someone facing PTSD symptoms.
Disturbed Combat Sleep
Insomnia is common on the battlefield. When someone is in active combat, getting even an hour or two of sleep might be impossible. These long periods without rest can increase the risks of sleep apnea or other conditions.
Prolonged Sleep Deprivation
The lack of a typical sleep schedule is almost a rite of passage in the military. This job involves long hours under the best of circumstances. It is not uncommon to go unnaturally long periods without sleep, particularly in combat situations. This can occur due to unusual work schedules, rapidly changing orders,
Chronic Pain
A person suffering from chronic pain is at an increased risk of many sleep disorders, including apnea. Pain can make it impossible for a person to fall asleep despite their best efforts. Those who rely on pain medication to get to sleep are still at an increased risk for apnea as well.
Understanding Sleep Apnea
Sleep apnea is a type of sleep disorder that interrupts a person’s breathing while they are asleep. It can come in different levels of severity, but the consequences of leaving it untreated can be serious.
Obstructive sleep apnea occurs when relaxed muscles at the back of a person’s throat block their breathing after they fall asleep. The relaxing of the muscles leads to a narrowed airway, which makes it difficult for the human body to get enough oxygen. In some cases, this reduction in the amount of oxygen that gets to your brain can cause a person to wake between five and 30 times in one night.
There are three different types of apnea, and understanding each of them is helpful. They include:
- Obstructive Sleep Apnea (OSA) – This is the most common type of sleep apnea. It occurs when muscles within the throat relax when you fall asleep, causing a narrowing of your airways.
- Central Sleep Apnea (CSA) – Unlike OSA, this condition is not related to a physical blockage of your throat. Instead, this type of sleep apnea occurs when the brain fails to send appropriate signals to control your breathing.
- CSA) – Unlike OSA, this condition is not related to a physical blockage of your throat. Instead, this type of apnea occurs when the brain fails to send appropriate signals to control your breathing.
- Treatment-Emergent Central Sleep Apnea – This condition begins as OSA, but converts to CSA after being treated for the original form of apnea.
Sleep Studies And How They Impact Your Claim
A formal sleep study, known as polysomnography, is one of the most critical tools in diagnosing apnea. When you have a sleep study done, the results can also be crucial for supporting your VA disability rating. These studies are typically conducted overnight in a sleep lab or hospital setting, which can be a difficult place for some people to get a full night’s sleep. In some situations, it is possible to perform these tests from the comfort of your own home.
During the study, technicians monitor multiple functions while you sleep. The technicians monitor things like your brain activity, heart rate, oxygen levels, and even muscle movements. To record all of this data, sensors are placed all over your body. The end result is a report that provides a clear picture of how well the veteran is sleeping and whether breathing interruptions are occurring. For veterans suspected of obstructive sleep apnea, the study specifically looks at how many times breathing stops or becomes shallow during the night. This is known as measuring “apnea-hypopnea index” (AHI) events per hour, and it is the bottom line that medical professionals consider following a sleep study.
The severity of sleep apnea is determined by the number of AHI events recorded. This information is crucial because the VA requires objective medical evidence of sleep apnea for disability compensation. A formal diagnosis from a sleep study not only establishes the condition but also guides whether treatment like a CPAP machine is necessary. When your sleep disruptions can be linked to your military service, you may be able to recover disability benefits through the VA.
Signs of Sleep Apnea Among Veterans
Understanding the signs of this condition is important if you hope for a sleep apnea VA rating. One of the challenging aspects of this condition is that each type of sleep apnea shares the same symptoms. Without sleep testing, it can be impossible to know which of three types you might have developed.
Another complication that comes with identifying this condition is that many symptoms are only present when you are asleep. Unless someone else is able to make note of them, you could go years without being aware they are happening. This involves loud snoring and going unusually long periods at night without breathing. Although others can identify these symptoms, it is important to confirm them through a formal sleep study.
You could be keenly aware of other signs of apnea. For example, waking up with a dry mouth or a headache are symptoms that should not be ignored. Irritability and difficulty paying attention during the day are also common signs.
Two of the most important examples are sleep disruptions. Most people with apnea find themselves having a hard time staying asleep at night. Likewise, these same individuals frequently struggle with hypersomnia, which involves excessive sleepiness throughout the day. Together, these signs could point to a potential apnea diagnosis.
Establishing Service Connection for Sleep Apnea
Sleep apnea can lead to VA disability benefits, but only if you can connect your condition to your military service. Finding this service connection is often the most challenging part of the claims process, but thankfully there are multiple ways to accomplish this goal. You could be entitled to benefits due to direct, secondary, or presumptive service connections.
Direct Service Connection
A direct service connection is established when sleep apnea begins during active duty. Veterans must show evidence that symptoms—such as loud snoring, daytime fatigue, or observed pauses in breathing—occurred while they were serving. Because service treatment records do not always document sleep apnea, lay statements from fellow service members, roommates, or family can be invaluable. A formal diagnosis confirmed by a sleep study after service can still support a direct connection if evidence demonstrates the condition started during active duty.
Secondary Service Connection
Sleep apnea can also be claimed as secondary to another service-connected disability. A secondary service connection means that instead of establishing a link between your disability and an event during your military service, you instead will show that your condition is tied to a disability that has already been rated by the VA. Depression and PTSD are both common examples of conditions that can lead to sleep disruptions.
Presumptive Service Connection
In some cases, the VA will presume that your disability is service-connected based on the nature of your condition and the time and place you served in. For example, there is a presumption that veterans who served in certain parts of Asia have been exposed to Agent Orange. That said, apnea claims generally are not presumed to be service-related.
Get Help with Your Claim – Talk to Gang & Associates About Sleep Apnea VA Disability
However, if VA denied your claim for apnea or other sleep disorder, with the help of a veterans’ disability lawyer, you may be able to win your appeal for VA benefits. Many doctors attribute sleep apnea to obesity. There is also an indication in the medical literature that apnea occurs with high frequency in people who have had a traumatic brain injury (TBI). TBI is considered the signature injury of the war in Afghanistan and Iraq. So, if you had an in-service weight gain or TBI, you may want to retain a veteran’s benefits attorney to help. In fact, we have seen cases involving a systemic medical condition called metabolic syndrome that causes weight gain, high blood pressure, Type II diabetes and other conditions. Often, our experts have been able to link the sleep apnea to medical conditions noted in the service medical records. Sometimes, sleep apnea can be aggravated by service-connected rhinitis or sinus problems.
If you believe your apnea is related to your military service, you may have a viable case for disability benefits through the VA. This process is not easy, and many people find their claims denied in the beginning. The good news is that you have the right to appeal, and an attorney from our firm is here to help.
At Gang & Associates, we are focused on helping you get the best possible result for your disability claim. Contact us as soon as possible to discuss your options.
Get Help with Your Claim – Talk to Gang & Associates About Sleep Apnea VA Disability
However, if VA denied your claim for sleep apnea or other sleep disorder, with the help of a veterans’ disability lawyer, you may be able to win your appeal for VA benefits. Many doctors attribute sleep apnea to obesity. There is also indication in the medical literature that sleep apnea occurs with high frequency in people who have had a traumatic brain injury (TBI). TBI is considered the signature injury of the war in Afghanistan and Iraq. So, if you had an in-service weight gain or TBI, you may want to retain a veteran’s benefits attorney to help. In fact, we have seen cases involving a systemic medical condition called metabolic syndrome that causes weight gain, high blood pressure, Type II diabetes and other conditions. Often, our experts have been able to link the sleep apnea to medical conditions noted in the service medical records. Sometimes, sleep apnea can be aggravated by service-connected rhinitis or sinus problems.
If you believe your sleep apnea is related to your service, you may have a viable case for disability benefits through the VA. This process is not easy, and many people find their claims denied in the beginning. The good news is that you have the right to appeal, and an attorney from our firm is here to help.
At Gang & Associates, we are focused on helping you get the best possible result for your disability claim. Contact us as soon as possible to discuss your options.
Types of Cases
- Accrued Benefits
- Anxiety
- Burn Pits
- Camp Lejeune
- Cancer
- Death Benefits or DIC
- Defense Contractor Whistleblowers
- Depression
- Diabetes
- Agent Orange and Other Herbicides
- Gastrointestinal Problems
- Gulf War Syndrome
- Gulf War Veterans with Chronic Disabilities
- Heart Disabilities and Other Cardiovascular Conditions
- Migraines
- Mental Health
- Military Sexual Trauma
- Multiple Chemical Sensitivity Syndrome
- Orthopedic Claims
- Post-Traumatic Stress Disorder (PTSD)
- Psychiatric Disability
- Schizophrenia
- Serious Neurological Disorders and Organic Brain Syndrome
- Skin Diseases
- Sleep Apnea / Obstructive Sleep Apnea (OSA)
- Spinal Cord and Back Injuries
- Traumatic Brain Injury (TBI)
- VA Medical Malpractice
