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Obstructive Sleep Apnea


Sleep Apnea

Sleep apnea is a common disorder in which you have one or more pauses in breathing or shallow breaths while you sleep.


6847 Sleep Apnea Syndromes (Obstructive, Central, Mixed):

Chronic respiratory failure with carbon dioxide retention
or cor pulmonale, or; requires tracheostomy...............100%

Requires use of breathing assistance device such as
continuous airway pressure (CPAP) machine................50%

Persistent day-time hypersomnolence........................30%

Asymptomatic but with documented sleep disorder breathing..0%

Sleep Apnea may be caused by or aggravated by other upper respiratory condition, for example;
6502 Septum, nasal, deviation of, 6510 Sinusitis, pansinusitis, chronic, 6516 Laryngitis, chronic, etc.

Service connection is most often established only when there are clear records of a diagnosis of Sleep Apnea while on active duty or as rated secondary to an established service connected condition.

BVA Decisions

Sleep apnea was incurred during military service.

Sleep apnea was not incurred in or aggravated by service.

The veteran does not have a current diagnosis of sleep apnea.

Service connection for sleep apnea is established.

More BVA Decisions.
Jim;

I have read some of your articles and have a question for you.  I am a 27 y/o male and I have always been physically fit. In 2005 (during active duty) I was jumped (repeatedly kicked in the face and head and robbed) (off duty) in New Orleans. I suffered from a trimalar fracture of the face which required facial reconstruction. Immediately after I requested a sleep study (due to sleep "disturbance"), but failed to show up due to an immediate relocation because of hurricane Katrina (I take responsibility for this though). Suffice it to say, I did not get a sleep study until a year ago and was diagnosed with obstructive sleep apnea. I was told that I would need to wear this mask for the rest of my life. This is no easy sleep and causes much anxiety when I put it on every night. I think that this apnea was due to my facial injury. Ultimately I was denied compensation. Do you have any advice?

Reply;

Yes...I think you should file for Obstructive Sleep Apnea secondary to the facial reconstruction. You have 2 hurdles. You must have a statement from a physician that say "It is more likely than not" that the OSA is secondary to the facial surgery. You won't prevail without those words exactly as written.

Then you must explain why you missed that earlier study. That's not a big deal though. You should file this as if it were a brand new claim and not even mention the earlier missed exam. That will come up as this claim is processed and you can deal then.

For now, go for a new claim of OSA secondary to service connected trauma and get the process started. To file a claim is easy. Write a very brief letter to your Regional Office and state, "I am filing a claim for service connected obstructive sleep apnea that is due to trauma received on active duty." That's all you have to do. Send it via certified mail with return receipt and you'll start the process.