Can You Get VA Disability for Sleep Apnea?

Sleep apnea can disrupt sleep, leaving you feeling tired and irritable even after a whole night’s rest. Some veterans may develop sleep apnea due to their military service or other health conditions caused by their service. But how do you file a VA disability claim for sleep apnea?

Understanding Sleep Apnea

Sleep apnea is a sleep disorder characterized by repeated stopping of breathing during sleep. Individuals who snore loudly during sleep or experience fatigue after a whole night’s rest may have sleep apnea. Healthcare professionals classify sleep apnea into three types: 

• Obstructive sleep apnea: The most common form of sleep apnea, characterized by throat muscles relaxing during sleep to block the flow of air into the lungs.
• Central sleep apnea: A form of sleep apnea caused by the brain failing to send proper signals to the muscles that control respiration.
• Treatment-emergent central sleep apnea: A type of sleep apnea where a person’s diagnosed obstructive sleep apnea converts to central sleep apnea during treatment.

Common symptoms of sleep apnea include loud snoring, gasping for air during sleep, waking up with a dry mouth, morning headaches, difficulty staying asleep, excessive daytime sleepiness, and difficulty concentrating while awake. 

Eligibility for VA Disability Benefits for Sleep Apnea

A veteran may qualify for VA disability benefits for sleep apnea after they obtain an official diagnosis from a healthcare provider and can demonstrate a nexus between their sleep apnea and their military service. A veteran’s military service may directly cause sleep apnea. However, sleep apnea more commonly arises as a secondary condition – a health condition caused or aggravated by a primary service-connected condition. For example, sleep apnea may result from a veteran’s service-connected respiratory injuries or illnesses, traumatic brain injury, or post-traumatic stress disorder. 

VA Disability Ratings for Sleep Apnea

Under the VA’s Schedule for Rating Disabilities (VASRD), the VA assigns disability ratings of 0, 30, 50, or 100 percent to a veteran’s service-connected sleep apnea, depending on symptoms caused by the veteran’s condition:

• Zero percent: Asymptomatic but documented/diagnosed sleep apnea or sleep disorder breathing
• 30 percent: Persistent daytime hypersomnolence (excessive sleepiness or drowsiness)
• 50 percent: Requires use of breathing assistance devices during sleep, such as continuous airway pressure (CPAP) machines
• 100 percent: Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or the condition requires a tracheostomy

Higher disability ratings for sleep apnea can provide larger monthly disability payments. Furthermore, a 100 percent disability rating may qualify a veteran for additional VA benefits, such as free healthcare. 

Challenges Veterans Face in Sleep Apnea Claims

Veterans who file VA disability benefits applications for sleep apnea can face various challenges in getting approved for benefits, such as:

• Proving a service connection for their sleep apnea, especially when a veteran’s sleep apnea developed after their discharge or when claiming sleep apnea as a secondary condition to a mental health condition like PTSD or anxiety
• Obtaining sufficient evidence to establish a formal diagnosis, service connection, and the severity of the condition to get an accurate disability rating
• Needing to pursue administrative appeals after initial denials of disability benefits applications

Tips for Strengthening a VA Sleep Apnea Claim

Veterans can follow several best practices that may improve their chances of success in a VA disability benefits application for sleep apnea: 

• Undergo a sleep study to obtain a formal diagnosis of sleep apnea.
• Gather medical records to document treatment and obtain buddy statements that describe the symptoms caused by sleep apnea.
• Have medical providers draft nexus letters to link sleep apnea to military service or another service-connected condition, like a chronic respiratory illness or a mental health condition.

Contact a VA Disability Benefits Attorney Today

Sleep apnea can have a debilitating effect on your daily functioning. When your condition has a nexus to your military service, you deserve to seek VA disability benefits. Contact Veterans Benefits Law Group today for a free, no-obligation case evaluation with a VA disability lawyer to discuss your eligibility for benefits for sleep apnea caused by your military service or another service-connected medical or mental health condition.