About Secondary Conditions and Sleep Apnea

A secondary condition is a current disability that is not directly caused by your service but results from a primary condition that has been service-connected by the VA. A secondary condition can be a disabling condition you suffered from before you entered military service that was aggravated by a service-connected condition. It can also be a disability that was diagnosed post-service that was caused by your service-connected condition. If the VA finds your secondary condition service-connected, then this could mean a higher disability rating for you.

Secondary Conditions to Sleep Apnea

Suppose the VA has service-connected you for sleep apnea. In that case, you may also receive a secondary service connection for any conditions caused or aggravated by your primary service-connected sleep apnea condition. To prove a secondary condition is service-connected to your sleep apnea, you must show that you have a current diagnosis of a secondary condition that is linked to your sleep apnea. Common secondary conditions that can be caused or aggravated by sleep apnea are type 2 diabetes, migraines, high blood pressure, gastroesophageal reflux disease (GERD), coronary artery disease, heart attack, and stroke. 

Assume you have a current diagnosis of type 2 diabetes, but it did not develop during or worsen due to military service; you may still qualify for benefits under a secondary VA claim. For this type of claim, you must have a service-connected disability such as sleep apnea and a nexus between your type 2 diabetes (the secondary condition) and sleep apnea. In other words, if you file a claim for type 2 diabetes diagnosed post-service and already have a service-connected disability for sleep apnea, you would need to prove that your service-connected sleep apnea caused your type 2 diabetes. 

Sleep Apnea as a Secondary Condition

On the other hand, suppose you were diagnosed post-service with sleep apnea that did not develop during military service; you may still qualify for benefits under a secondary VA claim. You must have a service-connected disability for a primary medical condition and a nexus between your sleep apnea (the secondary condition) and the primary condition. Sleep apnea is linked to several primary conditions, such as acid reflux, asthma, hypertension, type 2 diabetes, and anxiety. In other words, if you file a claim for sleep apnea diagnosed post-service and already have a service-connected disability for acid reflux, you would need to prove that your service-connected acid reflux caused your sleep apnea.

Appealing the Denial of a Secondary Claim

Entitlement to VA disability benefits based on a secondary service connection can be difficult to prove. The VA may deny your secondary claim for several reasons, the most common reason being that you did not provide sufficient evidence to show that your current condition is secondary to your primary service-connected condition, meaning you did not establish a connection between the two disabling conditions. However, this is not the end of the road. If the VA denied your claim, your next step is to file an appeal. 

Get VA Disability Benefits for Your Secondary Condition

Sleep apnea can either be a primary condition that causes a secondary condition or a secondary condition itself. If the VA has denied your claim, you need to hire the attorneys at Gang & Associates, who have extensive experience proving secondary claims related to sleep apnea on appeal. Contact us for a free consultation to discuss your best course of action.