Secondary Sleep Apnea VA Disability

Do you have a service-connected VA disability that you think is causing your sleep apnea?  If so, you may be able to establish sleep apnea VA disability by your sleep apnea is a secondary disability.

In my last article, I talked about how to prove that your sleep apnea should be service connected on a direct basis.  The basic idea is to show that your disability was incurred or aggravated during service.

Unfortunately, that is often difficult in sleep apnea claims for a variety of reasons.  So, you always need to consider secondary service connection as another alternative.  This article will discuss some ways to show secondary service connection for sleep apnea.

sleep apnea VA disability
You may need a doctor’s help to link your sleep apnea to another of your service connected disabilities.
Sleep Apnea VA Disability on a Secondary Basis

Sometimes, veterans cannot show that they had sleep apnea in service.  They may not have evidence of an in-service diagnosis or in-service symptoms that a doctor says were probably sleep apnea.

That may be your situation.  You may know that you really did not have symptoms attributable to sleep apnea until after your discharge from service.

So, does that mean you cannot receive VA disability for sleep apnea?  Not so fast.  Don’t forget about secondary service connection.  A disability can be service connected on a secondary basis if it is the result of a service connected disability.

Here’s an example to illustrate how this works.  Recently, we helped a veteran who had a broken nose during service.  The break was bad enough to cause a deviated septum, which means that the bone and cartilage dividing the nasal cavity was off center.

A deviated septum condition can obstruct the nasal airway.  That obstruction can cause changes within the body that result in obstructive sleep apnea.

You would first need to make sure the deviated septum was service connected.  This should be fairly straightforward if it was the result of an in service injury.  Next, you would need a current diagnosis of obstructive sleep apnea from a qualified doctor.

The veteran we helped had both of those.  But, he was missing the nexus, or link, between the service connected disability and his obstructive sleep apnea.  Through a written report from a qualified doctor (usually an ENT or neurologist in this type of case), he could prove nexus with a detailed explanation of how the deviated septum causes physiological changes in the body that causes apneas during sleep.

Remember, this is just one example.  There are many different types of injuries and disabilities that can lead to obstructive sleep apnea.  If you have a service-connected injury or disability that ultimately caused sleep apnea, your sleep apnea could potentially qualify for secondary service connection.

Medical Evidence to Prove Sleep Apnea VA Disability Is Linked to Another Service Connected Disability

While a veteran or other non-medical witnesses can say what seems obvious (i.e., there were no breathing problems during sleep before the broken nose, so it is obviously related), that is not Doctor with man and woman sufficient to prove nexus to VA.  You, as the veteran, can only report your symptoms as you know them.  You don’t have the medical qualifications to say what caused those symptoms.

That explanation must be in the form of competent medical evidence if you want to have a successful claim for VA disability for sleep apnea.  The doctor will need to explain in writing how your underlying service connected disability (the deviated septum in our example here) obstructed the nasal passages, which decreased oxygen intake and triggered the body to reflexively open the mouth to improve airflow.

The doctors also needs to explain what that does to the airway, increased resistance of airflow, and pressure changes within the body, all leading up to the cessation of breathing for brief periods.  All this is highly technical, so VA requires a medical expert’s opinion.

What You Need to Know About Sleep Apnea VA Disability and How to Prove It

The important thing for you to know is how to recognize when you may have a claim for sleep apnea VA disability and which way you need to try to prove it.  You should not try to win your claim without a medical opinion.

Likewise, it may be a good idea to at least consult with an attorney about sleep apnea VA disability.  A VA-accredited attorney can help you determine which path is your best option or whether you should pursue multiple paths to service connection.  We will talk with you about your VA claim for free.

Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims.  He regularly writes about issues that are important to veterans and their families.

You can subscribe to his Veterans Disability channel on YouTube.

Thank you Jason and Tina for everything you've done. Much appreciated. Great law firm! Great results!! Thank you!!! (Austin and Valerie)Valerie Mellinger
Travis and the team working on my VA claim are awesome. I’m happy with their integrity and diligence on working on my claim.Chris “Greybeard” Mullennix
I can't express enough how great it was to work with Perkins Studdard. They are extremely knowledgeable, professional and keep you aware of everything happening with your case. Very friendly from the front office to Mr. Perkins. I would HIGHLY recommend Perkins Studdard!James Strickland
I recommend Travis for an Veteran that has been dealing with constant denial with claims. He also , cover cost for my nexus letter when I ran into financial troubles , that helped me win my case.edwin Cook
I highly recommend Travis Studdard to represent anyone looking to help with VA claims. The VA is very difficult to deal with when attempting to get benefits from service connected injuries, at least that's my experience. Travis and his team knows the VA system and the legal procedures to help you get what you deserve. Travis was kind and passionate with me throughout this process and therefore, I highly recommend this law firm to represent DAV's.Terry Hembree
Such an awesome team. They spoke to me like a person and helped me through every decision with knowledge.Kevin Collett
Highly recommend this firm. Did exactly what they said they were going to and fairly timely. The VA is sometimes extremely difficult to navigate but this took all the leg work away from me and got me the result I thought was fair.Andrew Boone
Amazing staff, very informed along with excellent communication. Within just a few weeks of work, Mr Studdard was able to make things happen that normally take years! Highly recommendJacob Sylvester
Perkins Studdard LLC is the place you need to be if you have a Workers Comp case going on! Mr. Jason Perkins and his staff get the results that you need. They work with you and fight for you.Coming from another lawyer my husband and I were really surprised and appreciated the communication and honesty and understanding throughout the entire process. My husband loves the videos because they held so much information and helped him understand what what was going on. Thank you so much for representing us!!!Deborah Tompkins
I highly recommend Jason Perkins and the Team at Perkins and Studdard. Jason did a wonderful job on my case and actually got me better results than what I was hoping for. He was always so patient with me and made sure I was understanding every process in my case. He never seemed to mind me asking questions and always gave me straightforward answers. My phone calls to him or his staff were promptly answered or returned and everyone was always so helpful, personable, and respectful. He kept me updated on all the details of my case and sent helpful videos for me to review that were very informative.Dru Vaughn

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