young woman covers her ears with pillow to block out the loud snoring of man sleeping in the background.

Sleep Apnea and VA Disability Benefits: What Veterans Need to Know

Sleep apnea is a serious condition that affects breathing during sleep, causing veterans to experience frequent interruptions in their rest. This disorder can lead to chronic fatigue, poor concentration, cardiovascular issues, and other serious health problems if left untreated. Many veterans develop sleep apnea during or after their military service, particularly those exposed to high levels of stress, weight gain due to injuries, or respiratory irritants during deployment.

Filing for VA disability benefits for sleep apnea can be challenging, as proving a connection between your condition and military service requires thorough documentation. However, with the right approach, many veterans can successfully receive compensation. In this guide, we’ll explore how to file for VA disability benefits for sleep apnea, common challenges, and how to set your claim up for success.

What Is Sleep Apnea, and How Does It Affect Veterans?

Sleep apnea is a condition that causes repeated interruptions in breathing while asleep. There are three main types of sleep apnea:

  1. Obstructive Sleep Apnea (OSA): The most common form, where the throat muscles relax too much, blocking the airway.
  2. Central Sleep Apnea (CSA): Occurs when the brain doesn’t send proper signals to the muscles controlling breathing.
  3. Complex Sleep Apnea Syndrome: A combination of obstructive and central sleep apnea.

For veterans, sleep apnea can result from various factors related to their service, including weight gain due to physical injuries, exposure to environmental toxins, or high-stress levels that disrupt normal sleep patterns. Veterans with untreated sleep apnea may experience symptoms such as:

  • Loud snoring
  • Daytime fatigue or drowsiness
  • Difficulty concentrating
  • Morning headaches
  • Shortness of breath upon waking
  • Mood changes, including irritability or depression

The impact of sleep apnea on a veteran’s quality of life can be severe, especially when left untreated for long periods.

VA Disability Ratings for Sleep Apnea

The VA provides disability compensation for veterans diagnosed with sleep apnea if the condition is service-connected and causes significant functional impairments. The severity of sleep apnea determines the disability rating, with the most common ratings being:

  • 50% rating: Assigned to veterans who require the use of a Continuous Positive Airway Pressure (CPAP) machine or other breathing assistance devices while sleeping.
  • 30% rating: Given to veterans who experience persistent daytime hypersomnolence (chronic fatigue or sleepiness during the day).
  • 0% rating: Veterans may receive a 0% rating if their sleep apnea is service-connected but doesn’t cause measurable impairments that qualify for compensation.

Steps for Filing a VA Disability Claim for Sleep Apnea

To file a successful VA disability claim for sleep apnea, veterans need to prove that their condition is linked to their military service. Here’s how to navigate the process:

  1. Get a Diagnosis from a Sleep Study The first step is to undergo a formal sleep study and obtain a diagnosis of sleep apnea from a VA or private healthcare provider. This sleep study will monitor your breathing, oxygen levels, and other vital signs during sleep, providing the evidence needed to confirm the presence of sleep apnea. Without an official diagnosis from a sleep study, the VA will not approve your claim.
  2. Gather Evidence of a Service Connection Once you have a diagnosis, the next step is to prove that your sleep apnea is related to your military service. This can be done through:
    • Medical records: Look for any documented symptoms of sleep disturbances, respiratory issues, or weight gain during or shortly after your service.
    • Buddy statements: Statements from fellow service members or family members who witnessed your snoring, gasping for air, or other symptoms while you were still serving can help establish a timeline for your condition.
    • Nexus letter: A strong nexus letter from your doctor can explain how your military service contributed to or caused your sleep apnea. This letter should provide medical reasoning that connects your condition to your time in the military, such as exposure to environmental hazards, high stress, or weight gain from service-connected injuries.
  3. Submit Your Claim with Complete Documentation Once you have your diagnosis and service connection evidence, file your claim through VA.gov, by mail, or in person at a VA Regional Office. Be sure to include:
    • Your sleep study results.
    • Medical records showing your sleep apnea symptoms.
    • Nexus letter linking your sleep apnea to your military service.
    • Any supporting evidence, such as buddy statements.
  4. Prepare for a C&P Exam After submitting your claim, the VA may schedule a Compensation and Pension (C&P) exam to evaluate the severity of your sleep apnea. During this exam, be honest and thorough about your symptoms, including how sleep apnea affects your daily life, ability to work, and overall health. Veterans often downplay their symptoms during the C&P exam, but it’s important to provide an accurate picture of your limitations.

Common Mistakes Veterans Make When Filing for Sleep Apnea

Sleep apnea claims can be complex, and veterans often make mistakes that lead to delays or denials. Here are some of the most common errors to avoid:

  • Not getting a formal sleep study: The VA requires a confirmed diagnosis through a sleep study to approve a sleep apnea claim. Without this critical piece of evidence, your claim will likely be denied.
  • Failing to establish a clear service connection: Many veterans overlook the importance of providing evidence that links their sleep apnea to their time in service. A strong nexus letter or buddy statements can make a big difference in proving service connection.
  • Underreporting symptoms during the C&P exam: Veterans often minimize their symptoms during the C&P exam, which can result in a lower disability rating. Be honest about how your sleep apnea affects your daily life, from daytime fatigue to difficulty concentrating at work.

Setting Your Sleep Apnea Claim Up for Success: Real Tips and Practical Advice

Filing a successful VA claim for sleep apnea requires careful documentation and clear evidence of a service connection. Follow these tips to increase your chances of success:

  1. Get a Thorough Sleep Study: A formal sleep study is the foundation of your claim. Make sure you undergo a complete evaluation, and ask your doctor to include detailed results in your medical records.
  2. Obtain a Strong Nexus Letter: A well-written nexus letter from your doctor can strengthen your claim by explaining how your military service contributed to your sleep apnea. Ensure the letter provides a clear and logical explanation linking your condition to your service.
  3. File for Related Conditions: Sleep apnea can lead to secondary conditions such as heart disease, depression, or hypertension. If you have any related conditions, make sure to file for these as well, as they can increase your overall disability rating.
  4. Track Your Claim’s Progress: Stay informed about the status of your claim through VA.gov or the eBenefits portal. Promptly respond to any requests for additional information or documentation to avoid delays.

Why Working with Disability Law Group Can Strengthen Your Sleep Apnea Claim

Filing a claim for VA disability benefits for sleep apnea can be challenging, especially when it comes to gathering the right evidence and navigating the VA’s complex system. Having an experienced law firm like Disability Law Group on your side can make all the difference.

At Disability Law Group, we specialize in helping veterans secure compensation for service-connected conditions like sleep apnea. Our VA-accredited attorneys are dedicated to guiding you through the claims process, from gathering medical evidence to submitting a strong claim and representing you during appeals if necessary. Let us help you build a solid case and get the benefits you deserve.

Disability Law Group exclusively specializes in helping disabled individuals get the disability benefits they deserve. Unfortunately, people go through what seems like an uphill battle to win their disability case. We know the fight and we know it well.