VA Disability for Sleep Apnea: Proving Service Connection

Are you a veteran who suffers from sleep apnea?  If so, you may be eligible for VA disability for sleep apnea if you can show a nexus to your military service.  Nexus is simply a connection or series of connections linking two or more things.  Here, nexus is the connection between your service and the current diagnosis of sleep apnea.

How do you prove nexus in a sleep apnea claim?

Sleep apnea is a medically complex disorder.  In fact, there are three distinct kinds of sleep apnea – obstructive sleep apnea, central sleep apnea, and complex sleep apnea.  We can’t possibly cover each of those and the ways to service connect all of them in this one article.  Instead, let’s focus on one type of sleep apnea claim our firm has recently worked on to illustrate just one of the ways to prove service connection of obstructive sleep apnea.

Patient laying down wearing an oxygen mask
If you are a veteran with Obstructive Sleep Apnea, you may be entitled to VA disability compensation.
VA Disability for Sleep Apnea through Direct Service Connection

One of the most straightforward ways to achieve service connection of a particular disease or disability is to show that you had that disease or disability while in service.  So, if you developed sleep apnea while in service and still carry that diagnosis, you should be granted service connection.

Sounds easy enough, right?  The problem is that many disabilities that arise in service are not actually diagnosed in service.  We see that quite often with sleep apnea claims.  While you may have been a loud snorer or had other sleep difficulties in service that are normally associated with sleep apnea, if you are like most service members you probably did not undergo a sleep study and get a formal diagnosis before your discharge from service.  Most of the time, a person just “deals with it” for many years until they eventually go to a doctor and undergo testing.  This may be 20 or 30 years after the problems started.

Lay Evidence + Medical Evidence = VA Disability for Sleep Apnea

If that is similar to your situation, how do you show that link (nexus) between what was going on with you during service and the actual diagnosis of obstructive sleep apnea you now have?  With lay evidence AND medical evidence.  You will need strong lay evidence that establishes what symptoms you were having in service – loud snoring, apneas (stopped breathing) followed by gasps for oxygen, dry mouth upon waking, daytime fatigue, etc.  You will then need an expert medical opinion that shows these symptoms back then in service were probably sleep apnea even though you had not been diagnosed at the time.  If you get that, then you should be able to establish direct service connection and receive VA disability for sleep apnea.

 Many Roads to VA Disability for Sleep Apnea

If your situation is not like the one above, remember that this is only one of the ways you may be able to win VA disability for sleep apnea.  If you have central sleep apnea or complex sleep apnea, the approach will be a little different since the science is different as well.

Even if yours is obstructive sleep apnea like we discussed here, there are still other ways to service connection other than proving you had sleep apnea in service.  In my next article, I will explain another road to service connection: obstructive sleep apnea as a secondary disability.

The most important thing to keep in mind is that, no matter what the VA may tell you, the law does allow for VA disability for sleep apnea.  You will need to follow one of the paths to service connection, which will likely require lay evidence and expert medical evidence.

Unfortunately, VA does not always apply the law correctly.  Many veterans receive wrongful denials when they apply for service connection for sleep apnea.

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.

Jason really has helped me so much through this hard experience I have went through! And the ladies in the office was wonderful with any and everything I had questions about! I highly recommend using this lawyer office to everyone and Jason Perkins for sure!! Thank y'all for everything and making it easier to get through this long though experience! James HammittJames Hammitt
Thank you so much ! I received excellent representation from the entire Perkins Studdard Law firm, my VA claim was resolved and granted in a timely manner, they were hands on with me during the entire process. I would definitely recommend the firm to any veteran deciding to file a VA claim.Darrell Lynn
I would like to thank the law firm of Perkins-Studdard (Travis) and his team, for performing such an outstanding job, at every possible level, during my recent situation with the VA Disability Claims . From the first time I called and spoke with Mr Studdard with an overview of my situation, until the final settlement was executed (successfully I may add), I always felt that I was in good hands with this firm. Everyone in the office, Jessica, and April were responsive, approachable, knowledgeable, good listeners, and extremely professional. Mr. Studdard was realistic of the circumstances and of the potential difficult process that would lay ahead, should I proceed. I can’t say enough about Travis, and I will always be thankful to him. Travis was committed, and he instilled a real sense of confidence during both the highs and the lows. He ultimately prevailed and the outcome was very much in my favor. Of course, each case is different on its own merits and one can never predict how things ultimately will turn out. All I know is that the settlement far exceeded my expectation. Mr. Studdard has been a blessing to me. I strongly recommend that anyone who would find themselves in a similar legal situation with the VA to contact Law Offices of Perkins Studdard for a consultation. It was a very positive experience given the circumstances. Thank you again, I shall forever be in your debt.Concetta Hogg
Mr. Perkins, I cannot express enough how thankful I am for your exceptional representation. Your hard work, expertise, and unwavering commitment to my case have left an indelible mark. Thanks to you, I can now move forward with my life, confident that justice has been served.Esli Roque
Travis and his team have been a blessing for me and my family. They have done an amazing job in helping me navigate the VA appeals process. They kept their eye on the ball all the way through the long, difficult and confusing process. I highly recommend Travis and his team because thanks to their professionalism and know how, I got the benefits I deserve.Daniel patriot
Travis has been a blessing to our family, he left no stone unturned and delivered the "W" for my VA claim. Every bit of my experience with the Perkins Studdard team was respectful and they demonstrated their appreciation for our service as veterans. I highly recommend this Law Firm and truly appreciate their willingness to stand on my behalf.M L
They were a huge help with my appeal on my VA disability claim. I appreciate all the hard work they put in. I couldn't have done it without them. I definitely recommend them to anyone who needs help like I did!Benjamin Leatherbury
“I wish I could give the law office of Perkins and Studdard a billion 5 stars.” I was getting the run around with the va claims department regarding having my claims percentage corrected, the va reduced my percentage to discourage me from continuing to file. I saw Mr Perkins Studdard on utube and his knowledge about the va compensation process compel me to contact his office. Within three months of the va reducing my compensation percentage from 90% to 80%…..the law office of Perkins and Studdard got me to 100% P&T. I would strongly advise my fellow veterans that have been denied their compensation to give this law office a call, my results speak for itself. I cannot say thank u enough to this law firm, they are the best. Thanks again, DeanDee Dep
Travis Studdard and his staff did a terrific job. They led me through the complicated VA process with great ease. They understand VA procedures and communicated what to expect step-by-step.Mel Valkner
Absolutely amazing service, helped me with every detail of my case. Without them I’m sure my case wouldn’t have turned out so well. Than you!Dana Lampropoulos

Related Posts

Contrast:

Font Size: