Good Changes in VA Sleep Apnea

Hey veterans. My name is Travis Studdard, veterans disability
attorney. I’m back here today to talk to you about another
change in VA’s sleep apnea rules that you need to be aware of. You may have seen my other video talking about
one of the bad changes that’s come about recently in sleep apnea claims. Today I want to talk to you and give you some
good news, a good change that VA is trying to implement at this point. It’s good news because it expands potentially
the group of veterans who will be eligible for a 50% disability rating for their sleep
apnea claim. To get a 50% rating for sleep apnea the ratings
criteria say that the condition must require the use of a breathing assistance device such
as a CPAP machine. If you have sleep apnea then you’re aware
that a CPAP is one of the ways, but not the only way, to treat your sleep apnea. You have CPAPs, you have BiPAP, you have APAP,
also becoming more popular are oral appliances, basically devices that you put in your mouth
at night that reposition your jaw and tongue. You have nasal disks which regulate the airflow
as you breath in and out through your nose. You also have more radical treatments such
surgery to create a new airway or to remove tissue or to implant stimulation devices. All those are ways to do it, but the bad news
has been in the past that many veterans were denied for a 50% rating if they were not using
a CPAP device. That put them in the dilemma of choosing do
I go with the treatment that my doctor and I feel is most appropriate or do I go with
the CPAP which is going to allow me to get that 50% rating which many times they may
need that money and have to make that difficult choice. Again, this has been the problem and there’s
been some changes in the manual that VA uses in deciding claims. I won’t get into that here. I discuss it some in the video on bad changes
to sleep apnea. I’ll do another one later on more specifically
about that manual. In that manual they say that a CPAP is listed
as an example, which is true because, again, the ratings criteria use the words such as
CPAP. It doesn’t say you must use a CPAP. Again, they say that the CPAP is an example
and they list some of these other treatment options that I just discussed with you a moment
ago, and say that those two should qualify for a 50% rating if those had been prescribed
by your doctor, which brings me to my last point, which is again, there has been another
change in VA sleep apnea law, or actually not the law but the manual by which they decide
claims. You need to checkout that video, and even
if you use one of these other treatment options you need evidence that it is actually required
to treat your condition otherwise you may still get a denial at the 50% level. Again, keep that in mind. Also keep in mind that while this is the instructions
that VA has given to their employees, they may not follow that in deciding your claim. If you use one of these other devices or options
and you don’t get it, don’t get 50% because they say you don’t use a CPAP, you need to
file an NOD on that and you can contact us if you need assistance with doing so. If you found this video helpful give it a
thumbs up. You can checkout any of our others on our
YouTube page or read more on our website, especially that one about the bad changes
to sleep apnea law. Thanks for watching and take care.

Comments 17

  • I have a CPAP machine from the VA. I am diagnosed with sleep apnea. My VSO says that I can't get any disability rating for it. I assume that's because it's so hard to establish a service connection for it. I have friends who established SC by their PTSD, but my VSO said 'the (VA) aren't buying that one anymore'. What would you recommend I do at this point? Thank you.

  • I have a CPAP machine from the VA. I am diagnosed with sleep apnea and I am rated a total of 90% they pay me at 70% I have PTSD rated at 50% could my sleep apnea be a 2nd to it?

  • I am a Veteran with a Honorable discharge.
    I was released from service in 91', I am currently under Dr.'s care for Sleep apnea, and it is in his words, SEVERE.
    I have never applied for any VA help for this, but recent job loss has made it nessacery for me to find a way to pay for my machine and the items that go with it.

    I was hospitalized for 2 days due to the effects of Sleep Apnea and I have had sleep studies done and can provide those medical files as needed.

    What can VA do to help me?

  • I am getting my rating at 100% disability. I now have a Cpap machine by order of my doctor. am I eligible for more compensation from the VA or is 100% the most I can receive.

  • What about the BPAP?

  • Can I claim OSA secondary to my stress related disorder with anxiety, depression and memory loss diagnosis rated at 30%?

  • can u tie sleep apnea in with ptsd?

  • Hi Sir! I Have a question and I would like to know what you recommends me the most. I'm rathing %80. %10 from a lumbar spasm! The pain persists, I'm receiving shots for the pain and pills to calm my lower back pain witch now I'm having problems with my right leg. My Physiatrist did various exams on me including physical therapy , after an MRI was done they found That I have L3-4 minimal bulging disc without identation, L4-5 minimal bluging disc with encroachment upon existing nerve root. L5S1 minimal bulging with very minimal identation on thecal sac. Inspection= posture good, lordosis intact, shift none normal gait. 35 years old male with CLBP (13 years) without radicular signs or neurologic deficits. Prognosis= Chronic Pain Expected.
    Sir I would like to know if I have any chances after turn in this claim to expect a Higher Rating than the %10 that I have from my lumbar spasm?

  • What if you are already being treated by the VA for Sleep Apnea with a CPAP machine? My current 70% rating is for My lower back and left knee. I'm represented by DAV.

  • I have been sentenced to Death by the Alaska VA, Doctor Joe, chief of staff of the Alaska VA and Timothy Ballard, DIRECTOR of the Alaska VA

    ]I have documents showing that the Alaska VA has been intentionally denying me medical care for 2 1/2 years and medical equipment I am authorized by the VA to have.

    I have colon cancer, Prostate cancer and skin cancer
    I have high blood pressure, tumors in both feet and brain damage from over a dozen untreated head injuries. One resulting in being unconscious for almost 20 hours. Because of the head injuries I feel like I just woke up all the time. Can not handle my finances and legal issues and am dizzy almost all the time resulting in more falls.

    I have an 18 month old untreated back injury. I have to sit in a chair all the time, I can't lay down for more than a few minutes.

    I also have poor circulation in my legs which is much worse by sitting all the time.

    I also have arthritis so bad I can barely hold a pen. much less write. The VA denied payment of $80 for medication

    I have a VA generated document showing that doctor Roy Boone of the Kenai, Alaska va clinic lied to prevent me from receiving the PSA score of my Prostate cancer. In that same document somebody else uses his lie to deny me my PSA score.

    I have an Alaska state generated document from Governor Bill Walkers office proving that Dr Joe, chief of staff and second in command of the Alaska VA system, lied to cover up my denial of care by telling the governors office that she had spoken with me and is taking care of me. She never contacted me and when I tried to contact her she refuse to return my calls.

    When I contacted Timothy Ballard,s ( director of the Alaska VA system) office about her, He refused to return my call

    I have a collection notice because the VA refused to pay for an emergency room call for a head injury with stitches.

    I haven't just been left behind, the VA backed up and ran over me.

  • I was diagnosed with Apnea and have been using a CPAP for at least ten years. Cannot sleep without it.

    VA says that because I was never treated for Apnea while in active duty (when there was no such diagnosis as sleep apnea…) it is not Service Connected at all.

    Does this change that for me?

  • You gotta be a extremely lucky sob to get sc for sleep apnea. Especially for gulf war vets. Good luck to all.

  • Anyone ever been represented by Perkins Studdard for a claim? They sound good on YouTube, but…

  • I wish you would have helped me when I called you guys

  • I am rated 0 percent service connected. Can I use that as secondary to sleep apnea?

  • I meant to say, sinusitis 0 percent service connected.

  • I am one of those veterans who went to sickbay (military Clinic) when I was sick or hurt but failed to mention my sleep disorder the VETS in sleeping quarters often complained to me about on active duty. I now have severe sleep apnea with sleep paralysis. I have had three sleep studies and used several different models of CPAPS I take my CPAP with me everywhere I go when I leave town or stay overnight in a hotel it is a must.


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