Sleep Apnea Not Ratable in 2014

Discussion in 'Department of Veterans Affairs Resource Forums' started by Travelerusa40, Sep 22, 2013.

  1. Travelerusa40

    Travelerusa40 PEB Forum Veteran

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    Question? If I already have a claim in and a purposed rating of 50% for sleep apnea will this affect my rating if I do not get my Final Rating awarded by January 2014. According to a recent article in Military.com Sleep Apnea will will not be ratable when the new DAV Reg comes out in January 2014.
     
  2. Warrior644

    Warrior644 PEB Forum Veteran

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    Indeed, a very good inquiry referencing Sleep Apnea medical condition! :confused:

    Wow, the new DoVA regulation shall potentially affect a multitude of military veterans currently with approved service-connection Sleep Apnea medical conditions to include those who are currently applying for service connection Sleep Apnea! :mad:

    In retrospect, I have OSA with CPAP and only have DoVA proposed ratings at this point in time while still in the DoD IDES process. How does it affect my situation, too?

    Indeed, it seems that the DoVA has potentially determined there exist too many disability compensation benefits expended and have found some type of loop hole with Sleep Apnea in order to discontinue disability benefits in my opinion. :(

    Hopefully, all military veterans who currently have an approved DoVA disability claim with service-connection for Sleep Apnea shall continue to receive disability benefits until their exist medical evidence to propose a DoVA non-rating.

    Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

    Best Wishes!
     
  3. maparker

    maparker Staff Member PEB Forum Veteran

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    Can you post the link to the article?

    Mike
     
  4. tonynj

    tonynj PEB Forum Regular Member

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  5. Travelerusa40

    Travelerusa40 PEB Forum Veteran

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    I stand corrected Mike. The article states January 2016 VASRD will be completed. However, if a VASRD does come out in 2014 it would be highly possible that Sleep Apnea Rating could be revised.

    Article # 1]: http://www.military.com/benefits/2013/06/20/va-reconsiders-disability-ratings-for-apnea.html

    "...Current law prohibits that. Indeed, claimants still awaiting favorable decisions might not be impacted either because VASRD changes don't happen quickly.

    The only date Hughes could quote with certainty is that an ongoing effort to modernize the entire VASRD is to be completed by January 2016."

    Article # 2]: http://www.standard.net/stories/201...ttorney-congress-end-sleep-apnea-claims-abuse

    Article # 3]: http://www.vfwwebcom.org/forum/index.php?topic=10747.0
     
  6. maparker

    maparker Staff Member PEB Forum Veteran

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    The bottom line is that people are discussing if a change to the VASRD needs to be made. That does not mean it will actually happen. There is a rigorous process for making such a change to include public notification (via the Federal Register) and the consideration of public comment. Further, they are discussing the 50% rating based on CPAP use, not the total elimination of sleep apnea as a ratable condition.

    Mike
     
  7. Warrior644

    Warrior644 PEB Forum Veteran

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    Good deal; thanks! ;)

    Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

    Best Wishes!
     
  8. tonynj

    tonynj PEB Forum Regular Member

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    I got 50% for having sleep apnea with CPAP already....so I don't think that is a reduction. I think they did start rating people at 30% for Sleep apnea with no CPAP instead of just giving everyone a blanketed 50% whether or not they use the CPAP.

    I tell you, if you actually use your CPAP machine, it is amazing the sleep quality difference! I can sleep 3-4 hours with the CPAP and get the same value of sleep in that time as I would previously sleeping 6-8 hours! Even better still, because I'm not tired anymore like I used to be before the CPAP.

    Only drawback is if I'm congested it is difficult to use.
     
  9. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    I think the article you are referencing is here:
    http://www.military.com/benefits/2013/06/20/va-reconsiders-disability-ratings-for-apnea.html

    I disagree with almost everything stated as a fact in this article. However, the article suggests that a VASRD rating change will not be forthcoming (and it is unclear if it will change the ratings for SA) until 2016. I tend to think you have no concerns as you SHOULD be rated under the current VASRD in effect.
     
  10. Warrior644

    Warrior644 PEB Forum Veteran

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    Indeed, in my opinion, this is favorable feedback to the potential SA concerns within the DoVA; thanks!

    Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

    Best Wishes!
     
  11. Stryker4

    Stryker4 PEB Forum Veteran

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    @Warrior644
    What did you mean by soldiers applying for service connected sleep apnea?

    My husband has sleep apnea obstructive sleep apnea and uses a CPAP machine. Ever since he got diagnosed with PTSD he has had this sleep apnea. I know in my heart the sleep apnea is connected to the PTSD. When the nurse came to our house to show him how to use the machine she even mentioned that there is a rumor going around that sleep apnea is connected to PTSD. So my question to you is how do you go about getting it or applying for it to be service-connected or combat related from the PTSD because my husband has PTSD and they've already it's combat related.
     
  12. Stryker4

    Stryker4 PEB Forum Veteran

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    Also it was determined that there is nothing in the throat causing the sleep apnea or it is not related to weight gain and that surgery is not an option.
     
  13. Warrior644

    Warrior644 PEB Forum Veteran

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    Well, it seems that your husband may potentially experience difficulties with trying to connect OSA with CPAP with PTSD in my opinion. What is his PCM saying about this? What are his other medical healthcare physicians saying about this?

    To that extent, have you read any medical association linking OSA with CPAP to PTSD? Hmm, I have not seen the DoVA D-RAS yielding a rating with PTSD secondary to OSA with CPAP albeit I am not the expert nor an official authority in this subject.

    Bottom line is to keep fighting for a linking association between your husband's two medical conditions; OSA with CPAP and PTSD if this is your true belief until medical proof yields a different result in my opinion.

    Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

    Best Wishes!
     
  14. Jason S.

    Jason S. Member

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    What I found particularly disturbing was reaction to the discovery that 13% of veterans receiving disability compensation from the VA are rated for sleep disorders. The national average is that 1 in 3 people are affected by a sleep disorder, including (but not limited to) obstructive sleep apnea. It's clear that his remark about obese service members close to ETS having sleep apnea diagnosed demonstrates his considerable bias and his flair for the theatrical. There is plenty of research that points to alternative causes for sleep apnea in service members. In fact, the doctor that diagnosed me with sleep apnea while I was awaiting my MEB told me that the musculature in my neck (I'm built "Army Strong") had a significant amount to do with having sleep apnea. He said it is common among bodybuilders, professional football players, and powerlifters.
     
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  15. kidcreole77

    kidcreole77 New Member

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    My doctor that diagnosed me with diabetes also told me that I probably had sleep apnea. He referred me to a sleep docter that diagnosed me with sleep apnea but the problem is that I was active duty orders when diagnosed with diabetes but not on orders when diagnosed with sleep apnea. Do you think I have a case to take to the VA?
     
  16. Jason Perry

    Jason Perry Benevolent Leader Site Founder Staff Member PEB Forum Veteran

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    When did you leave active duty? Did you have any symptoms or unusual blood sugars while on active duty? Does your doctor think it was as likely as not that your diabetes is related to your military service?
     
  17. TSgt Twitch

    TSgt Twitch PEB Forum Veteran

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    To clarify, the Diabetes is all ready service connected? the referral for the sleep study and/or the pulmonologist was while you were on active orders? does the same doctor believe and willing to document that your sleep apnea is at least as likely as not tied to your service connected diabetes? I guess what I am saying is, need a bit more info lol.
     
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  18. bobby_0081

    bobby_0081 PEB Forum Veteran

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    I was found service connected for OSA based on the fact that a military doctor while I was on orders referred me for a sleep study in 2007. Nevermind the fact that I was never scheduled one and didn't know I was OSA until 2012. I am upset that for 5 years I could have died in my sleep. 5 times my record was reviewed by a provided who claimed thhey had looked it over and 5 times it was missed. I didn't even know it was there until I got the compete copy of my record in May of 2013 and looked through every page. I guess I was lucky that I didn't die in my sleep and that I was found service connected. I was unlucky that I didn't know sooned and file the claim with the VA in 2007 or 2008 and missed out on 5 years of good sleep and a substantial amount of money...
     
  19. Braggster

    Braggster PEB Forum Regular Member

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    I just got my rating in the mail today and was told that my sleep apnea was not service connected. If I remember right I was diagnosed while I was in the military and I am on a Bi-pap which from the research I have done is for people with severe sleep apnea.
     
  20. Braggster

    Braggster PEB Forum Regular Member

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    I hate when people try to tie sleep apnea to obesity. I am a little overweight but not obese. I also have a small neck. My doc said that the passage way in my throat is narrow.
     

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