Unfortunately, VA’s disability rules are not easy to understand. This often means that veterans are not sure whether VA is handling their claim correctly or not.
Many veterans have questions about VA’s rules, and I try to answer many of those in the articles I write on this blog. In this article, I would like to discuss an issue that pops up quite frequently when I talk to veterans about sleep apnea.
Here is a fairly common situation. A doctor at a VA medical center recommends a sleep study for a veteran. After the sleep study, the doctor prescribes a CPAP. But, VA does not assign a rating.
Why don’t I automatically get a 50% rating when VA diagnoses me with sleep apnea and prescribes a CPAP?
What’s wrong here? Unfortunately, receiving medical treatment for your sleep apnea at a VA medical center does not automatically entitle you to VA disability compensation benefits for your sleep apnea.
Here is why. Sleep apnea is no different than any other VA disability compensation claim. A veteran must prove three things to win a VA disability claim.
A current diagnosis.
A current diagnosis means you currently have the condition for which you are seeking benefits. In the example which we are discussing, the current diagnosis is present.
VA diagnosed the veteran with sleep apnea and prescribe a CPAP. So ,the veteran should have satisfied that element of proof.
But, the current diagnosis is not the only part that you have to prove to VA. You also have to prove two additional elements.
An incurrence or aggravation of sleep apnea during your active duty military service
Your sleep apnea either had to start or worsen during your military service. This is part of the idea of service connection. It is a connection between your service and the condition for which you are claiming compensation.
The incurrence or aggravation is like the starting point on a line. Your current diagnosis is the ending point. Then, you need to have a line connecting those two points which is the third thing you must prove to VA:
A nexus between your current diagnosis and your in service event
The nexus is the link that connects your in service event to your current diagnosis. This is what creates the service connection between what happened to you in service and the condition/disability which you currently have.
Usually, nexus is going to be in the form of medical evidence. Often, it could be an opinion from a doctor who has treated you for the condition.
Can I still get a VA sleep apnea rating if my sleep apnea is not service connected yet?
You have to get your sleep apnea service connected before VA will grant you a rating. So, the first thing you need to do is file to try to get your sleep apnea service connected.
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.
We would highly recommend Perkins Studdard to everyone, they are very professional, personable and efficient. They have stood by our side during out VA disability case until we got our claim rewarded at 100%, more than we ever dreamed of. Travis is very experienced attorney and has an awesome demeanor with getting your case settled. Jessica his assistant is the smartest, sweetest asset to the firm. She's highly experienced in VA benefits, being a veteran herself. They always took our calls, questions and got us the answers we needed. Again, highly recommend the law firm of Perkins Studdard!!Janene Schoonover
Mr Perkins has helped me on two workers comp cases. Twenty years apart. Jason and his staff have taken care of everything I needed. They are very professional and I would highly recommend them.Chris Chapman
I highly recommend Perkins Studdard law office to any one looking for a Worker's Compensation attorney. The knowledge and professionalism that the entire staff gives to you is amazing. Jason is down to earth and makes your experience feel so much better, he takes alot of the worry off of your shoulders. Definitely would hire this firm again if needed!!Lori Clark
I had an outstanding experience with Perkins Studdard LLC for my workers’ compensation case. Jason Perkins and his team were incredibly knowledgeable, responsive, and compassionate throughout the entire process. They took the time to explain every step, answered all my questions promptly, and ensured I understood my rights. Their dedication led to a successful outcome, and I felt supported the entire way through. I highly recommend Perkins Studdard LLC to anyone in need of a skilled and caring workers’ compensation attorney.Breezie I B
Travis Studdard is an outstanding attorney. I had given up on my VA claim over ten years go. Travis revived my claim and was able to get me secondary service connection for sleep apnea (secondary to residuals of septoplasty). I am thrilled at the results. Travis was able to expertly navigate the VA system to reach a positive result. I very, very highly recommend Perkins Studdard.Ilya Poluektov
My name is Vernita Smith, I endured a I jury on my job in 2019, I got a little discourage not knowing what to do regarding this matter. One day I researched online for myself. I researched Workman's Comp Lawyers in Atlanta, there were several pulled up, but for some reason I chose Perkins StuddardLLC. I can truly say Mr. Jason and his entire staff has been there and guided me every step of the way. It was a blessing 🙏 for me to have found 🙏 this Company. Mr.Jason and his staff members was always caring, kind, helpful, pleasant everytime I spoke with them. I would highly recommend this company to my family ❤️ and anyone who needs ❤️ assistance. So I thank you so much to Mr. Jason and his entire staff. May God continue 🙏 to bless you 🙏 to be able to serve 🙏 many people all over the world.🙏 💞🙏🥰🙏💞
💞Best regards💞
Vernita SmithVernita Smith
My deepest thanks to Travis Studdard, Jessica Hyatt and their team at Perkins Studdard! My odyssey with the VA began after my Marine Corps career ended and has gone on well over a decade. I initially worked on my claim myself but after 6 years, yes 6 years, of fighting with the VA, I was finally at the end of what I thought was a hopeless battle. Then I came across Perkins Studdard LLC while on Facebook and decided, what did I have to lose, so I gave them a call and had a conversation with Travis. He was very helpful, honest, and frank in his advise to me and thankfully he decided to take my case. He took a completely different strategy than the one I had been employing and with his expertise, once my case and multiple appeals had finally been settled, I received everything he promised and everything I deserved. The only thing I would have changed...I would have hired Perkins Studdard when I first intended to file a claim with the VA, rather than try to do it myself.
Thank you and Semper Fi
Rich LarsenRichard Larsen
Throughout Mr. Perkins's engagement as legal counsel, from initial contact to case resolution, the firm consistently demonstrated professionalism, responsiveness, and efficiency. His instructional materials were easily comprehensible, and both he and his staff provided clear and concise explanations at every stage. His representation was highly effective. I wholeheartedly recommend his services; he is both diligent and fair.Carol
My experience with this firm was great. My VA claim was handled in a professional way resulting in a very positive result. They handled all of the paperwork and kept me informed of anything that I needed to do or know about. I highly recommend Perkin Studdard to handle your VA claim. Msgt USMC retiredFrank Desselle
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I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
