NAVY and Sleep Apnea (Trump)

[LHOUSTON]

I am trying to find out... What Trump did to change how the NAVY is eligible for sleep apnea disability.

 

I heard and saw an article awhile back (But can't find it) how how if someone served in the United States NAVY and lived or was stationed on a ship for 2 or more yrs that if they tested positive to have sleep apnea that it was pretty much a sure thing that they would qualify for the disability of Sleep apnea.

 

Does anyone have a lead on this type of information.. It would be wonderful.

[jbasser]

The VA posts its changes in the Federal Register.  Here is a link to some change criteria.

https://www.vetshq.com/2016/05/va-updates-evaluation-criteria-sleep-apnea-claims/

 

[GBArmy]

LHouston First, welcome to Hadit. All kinds of questions and exchanges of valuable info found here. However, I haven't heard anything like what you are suggesting. You could try Peggy at 800-827-1000, although I doubt if anyone is going to provide any significant info on it. It would take longer, but possibly a more accurate response if you do an IRIS request at VA.gov.  The problem is that if it were true, it would result in more claims and more $ going out to veterans and the VA is very reluctant to part with the taxpayers' money. So they won't be too accurate and telling people. If you do find out anything, please report back on it so we can advise others.

[Buck52]

Not sure what regulations were change to file a OSA Claim?

JBasser put up the link.

(Sleep Apnea)   but if you were diagnosed for it while in the Navy  you should not have any problems getting it service connected, get your service medical records and find your diagnosed,

They could still send you to a sleep study  and a C&P.

Normally to file a claim  or any claim you will need three elements.known as the Caluza Triangle. 

http://campaign.r20.constantcontact.com/render?m=1130361425104&ca=d43e486c-58f4-4b05-81d5-a11715040789

Edited April 9, 2020 by Buck52

[LHOUSTON]

1 hour ago, jbasser said:

The VA posts its changes in the Federal Register.  Here is a link to some change criteria.

https://www.vetshq.com/2016/05/va-updates-evaluation-criteria-sleep-apnea-claims/

 

This was pretty much what I was needing...    I was seeking the part where if they diagnose you and supply you with the cpap...  I was diagnosed about 8 months ago and they supplied all that I needed for my sleep apnea...  the thing is, I have been out of the NAVY sense 2002.   upon leaving the NAVY (Honorable), one of my known medical issues was headaches... and headaches/migraines are a symptom of sleep apnea, or at least one of many symptoms. As it stands.. I would be at the 50% mark based on the link.  

 

I just have to try and file for both sleep apnea and migraines....

[Buck52]

Yes you will need a qualified Dr to give his/her medical opinion as to it is medically necessary you use a Breathing device such as a C-pap machine. if you use a C-pap once service connected  is usually a 50% rating  if not then a 30% rating  depending on the severity of your Sleep Apnea, if a Dr opines that you have chronic OSA /Sleep Apnea  and medically necessary to use a breathing device (C-Pap) It's a 100% Rating. and plus your migraines, if this conditions keep you from working   you can file for the TDIU AND SSI.

Also Veterans  having a service connected condition and it causes the Veteran to gain weight and in need of a C-pap and has the Sleep Apnea diagnose  he can file a secondary claim for sleep apnea  if his other service connected condition is related or caused the Sleep Apnea  once a sleep apnea has been service connected  then it becomes part of the original S.C.  condition. 

SUCH AS VETERAN WITH PTSD this can and the medications for PTSD can be related to or caused the sleep apnea.  you will need a qualified Dr to give his favorable opinion that is  likely as not caused by OR RELATED TO the medications and PTSD.

[GBArmy]

I agree with Buck. You want to get an IMO from a sleep doc to nail this. It is a 50% rating (with the CPAP AS NECESSARY PRESCRIBED BY YOUR DOC). It has to be NECESSARY, not just prescribed.. Since it is a 50% rating, the VA looks very hard to try and find a reason to deny. Yes yoy can win but make sure your evidence is solid. I would get the Sleep Apnea granted first, then look for secondaries like migranes. IMHO.