Is your VA disability benefits claim based on the diagnosis of sleep apnea denied by the VA? Even with thorough medical research and statistically important correlations between sleep apnea and different conditions such as PTSD, it can be challenging to get VA approval for your sleep apnea claims.
However, the good news is several sleep apnea-based claim denials have a strong possibility of a successful appeal. Demonstrate your medical significance, prove your service connection, and get buddy statements, and you may win a sleep apnea VA claim.
File Your Sleep Apnea VA Claim As Soon As Possible
The sooner you apply for sleep apnea, the sooner you will get your first VA disability benefits compensation. Most importantly, the sooner the VA gets your sleep apnea disability claim, the sooner you can lock in your effective back pay date.
Recognize Your Disability When It Happens
If you’re like many other veterans, you muster out of your military service when you’re relatively young. You’re anxious to go out, and the last thing you want to discuss is complaining about your medical condition(s).
As a result, you start feeling that these problems aren’t a big deal, and you ignore them. Since you are young, you feel you can handle these issues, or they will go away with time.
You independently cope with your health problems for several years without consulting a doctor. Eventually, your problems become too severe after decades, and you finally see a doctor. After all these years, the VA doesn't believe when you say you have had this problem since your service.
That’s why you must document your ongoing issues, even minor ones. If you don't do that, you need to explain the gap in your medical treatment and give alternative evidence, such as buddy statements from friends who may corroborate that you had this problem.
Pursue Every Possible Theory In Support Of Your Sleep Apnea Claim
The VA has to establish your sleep apnea claim under every possible theory. However, the VA often fails in its duty, so you must be prepared to assert every theory supported by the evidence.
For instance, if you have a current VA disability of sleep apnea that you claim is caused by your time in service. You may also be service-connected for PTSD, which causes extensive mental distress. Your records suggest that your sleep apnea is associated with PTSD. You should ensure that your sleep apnea claim includes a theory that the disability is linked to service-connected PTSD.
Don’t Restrict Your Sleep Apnea Claim To A Single Diagnosis
Frequently, many veterans will make their claim based on their idea of a correct diagnosis. Later, their medical evidence shows a different diagnosis. Even though the VA is needed to consider every possible diagnosis, you can’t be assured that VA will do its work correctly. Ensure your sleep apnea VA claim includes every possible medical condition associated with your symptoms.
The VA law presumes that a veteran will make claims for their symptoms and impacts of a disability regardless of the diagnosis or label. For example, don’t apply for only a sleep apnea claim when your evidence may also suggest you’ve PTSD.
Get A Complete Copy Of Your Sleep Apnea Claims File
Obtaining a complete claim copy, including all your service and post-service medical records, is essential. To properly establish your case, you must analyze what evidence is present and whether you have sufficient medical evidence to meet the required VA claim criteria. For instance, assume that you have a current disability of a sleep apnea disorder. Your military service records review shows various treatment notes for sleep apnea.
The only missing connection would be a doctor’s report linking your current medical condition to the sleep apnea from your service. You will not recognize what's missing without a full copy of your sleep apnea claims file. You must know what's missing to take steps to get and submit your missing evidence.
Get Buddy Statements
Use the buddy statements of your family and friends to document the symptoms and nature of your VA disability. Unless your family members and friends are medical experts, their statements must address their observations of your symptoms and the effect of your sleep apnea disability on your routine life.
