How does the VA Rate Sleep Apnea?

How does the VA Rate Sleep Apnea?

Sleep apnea is a disorder where breathing stops and starts during sleep. This condition can significantly impact a veteran’s quality of life, causing severe daytime fatigue, cardiovascular issues, and other health problems. Veterans often face unique risks and challenges that make them more susceptible to sleep apnea, such as exposure to environmental hazards during service or physical and emotional stress.

Understanding how the Department of Veterans Affairs rates sleep apnea is crucial for veterans seeking disability benefits. This blog provides an overview of the VA’s rating process for sleep apnea, including relevant regulations, potential obstacles, and how Comerford Law Office can assist veterans in securing the benefits they deserve.

What is Sleep Apnea?

This condition is characterized by repeated interruptions in breathing during sleep. These interruptions can last from seconds to minutes and may occur thirty times or more per hour. Types of sleep apnea include:

• Obstructive Sleep Apnea (OSA): Caused by a blockage of the airway.
• Central Sleep Apnea: This occurs when the brain does not signal muscles to breathe.
• Complex Sleep Apnea: A combination of both obstructive and central sleep apnea.

For veterans, factors such as exposure to dust, chemicals, and stress during military service can increase the risk of developing this condition.

How Does the VA Rate Sleep Apnea?

The VA uses a schedule of ratings to determine the severity of a veteran’s sleep apnea and the corresponding disability compensation. The ratings are based on the veteran’s symptoms and the treatment required to manage them. Here’s how the VA rates sleep apnea:

• 0% Rating: Asymptomatic but with a documented sleep disorder.
• 30% Rating: Persistent daytime hypersomnolence (excessive daytime sleepiness).
• 50% Rating: Requires the use of a continuous positive airway pressure (CPAP) machine.
• 100% Rating: Chronic respiratory failure with carbon dioxide retention, cor pulmonale (right heart failure), or requires a tracheostomy.

Relevant VA Regulations and Policies

The rating criteria for sleep apnea are outlined in the VA Schedule for Rating Disabilities, specifically under Diagnostic Code 6847. Veterans must provide medical evidence documenting their diagnosis and the extent of their symptoms.

Determining Severity and Rating

The VA evaluates the severity of sleep apnea based on medical examinations and evidence, including sleep studies. For example, if a veteran uses a CPAP machine due to sleep apnea, they may qualify for a 50% disability rating. More severe cases involving complications like chronic respiratory failure may warrant a 100% rating.

Potential Obstacles

Veterans may face several challenges when applying for benefits related to sleep apnea:

1. Lack of Proper Documentation: Many claims are denied due to insufficient medical evidence.
2. Service Connection: Demonstrating that sleep apnea is related to military service can be difficult without clear records.
3. Appeals Process: If initially denied, navigating the appeals process can be complex and time-consuming.

How Comerford Law Office Can Help

Comerford Law Office helps veterans obtain the benefits they deserve. Attorney James R. Comerford, a member of the National Organization of Veterans Advocates (NOVA), has extensive experience in handling sleep apnea-related claims. The firm assists with:

• Gathering and submitting necessary medical documentation.
• Establishing a service connection for sleep apnea.
• Preparing an appeal if a claim is denied.

Get Help

If you or a loved one is struggling with sleep apnea and need assistance with a VA disability claim, contact Comerford Law Office today for a consultation. Our experienced team is here to help you every step of the way.