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Sleep Apnea and Service Connected Disability

This area is for Sleep Apnea questions and general Sleep Apnea Discussions.

Re: Sleep Apnea Help

Postby dlmjam » Sun Oct 22, 2006 10:16 am

JamesR wrote:Your next option is a path what I feel would be the path of least resistance (where you can get both your retirement and your dissability without fighting the system). Now, you should verify what I am going to suggest ASAP with your VA Representative (before you take any action and especially before your official retirement date). If I remember correctly, you can file for your dissability with the VA up to 1 year after your official retirement date. What does this mean to you? It means that if you are diagnosed with sleep apnea and subsequently issued a CPAP within 1 year after retirement, you can include this in your application for dissability after you retire. Remember, you must not file for your dissability rating before you have been diagnosed with sleep apnea. The next important thing you must remember, you MUST file within 1 year (365 days) after your official retirement date. If you delay in filing beyond the 1st anniversary of your official retirement date, you will forfeit any possible consideration for dissability. Once approved for the dissability rating, your dissability payments will be back dated to your 1st retirement check.

Last of all, I am not a lawyer or qualified to provide you legal advice considering your retirement and dissability. Please verify the accuracy of my statements from official sources before you act.

Keep us informed on your progress.


James R, You pretty much got this right on the nose except you can file after the 1 year is up. The difference is, you only get disability starting on the day the paperwork was received by the VA not the day you retired. I was diagnosed with sleep apenea while on active duty. Problem was, I was never told. I had a sleep study 2 years before retirement and when I asked my doctor about it she said there was nothing to it and that I just needed to relax before going to bed. I never thought anymore about it. Then one day after I had retired I was looking through my medical records and came across my sleep study. There it was, sleep apnea! I had already by this time filed my VA papaerwork and got 30%. Again I let it go until this past spring. I had had enough. I had just recently manged to get my PCM changed from a military facility to a civilian doctor. He sent me for another sleep study and the next thing I know his nurse is calling me to tell me to go pick up prescriptions and that a medical supply company would be calling me so I can pick up a CPAP. This came 2 1/2 years after I retired. I promply walked across the street to our county VA people whose main job is to get VA claims filed accurately and be your 'go between. with the VA. I have an appointment with the VA for a physical next month. I pretty much sleep through the night now with my CPAP. Usually the only time I wake up now is when my 2 year old wakes me up. :-)
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Postby PanMan » Sun Oct 22, 2006 5:11 pm

According to the VA rep at TAP class it is not necessary to have the diagnoses prior to separation/retirement. It is only necessary to have the symptoms in your records. Also it is NOT an automatic discharge form the military, I have had OSA for about 8 years and I have recently received an approved retirement date (121 days to terminal leave start).
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Concurrent Receipt?

Postby RacquelColumbia » Fri Nov 03, 2006 10:34 pm

I was reading about concurrent receipt...taking effect in 2004...on Miitary.com? However, like with everything else to do with VA Compensation...I am still learning how to read and understand the jargon...etc!

but...for information on
Retired Concurrent Receipt Overview

go go
http://www.military.com/benefits/milita ... t-overview

All the best...

Soon to be retired...1 Jul 2007....but, who's counting?

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Postby Greggo » Fri Nov 10, 2006 12:36 am

Don't confuse 50% disability with 50% of base pay. The amounts are different. There is a table published that shows the VA disability rates. 50% disability is only about $800.
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Postby coach » Fri Nov 17, 2006 12:46 am

I will retire on 1 Nov 07 from the military. I have also been diagnosed with severe case of sleep apnea and have the machine. With the sleep study results and the doctors write up is this considered a 50% across the board or is each case by case.

Postby Guest » Tue Nov 28, 2006 1:18 pm

You only have to have the symptoms of sleep apnea while you were active duty, and sleep apnea is not only caused by obesity. If your medical record says anytthing about being worn down, depressed, throat problems, problems understanding or following orders, problems following aloong in class, high blood pressure despite not smoking, or drinking. Obesity can make it worse, but you can weigh 140lbs. and have it.

Re: Sleep Apnea and Service Connected Disability

Postby toml » Tue Nov 28, 2006 9:23 pm

Is it possible to receive more than 50% from the VA for Sleep Apnea?

Postby PanMan » Tue Nov 28, 2006 9:46 pm

Keep in mind that the 50% is only if you are compliant with your PAP. if you are not you get less. i think that it says something about more but i don't remember any details.
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Postby Toml » Tue Nov 28, 2006 10:28 pm

Where did you find the information?

Postby Toml » Wed Nov 29, 2006 8:29 pm

I'm currently rated at 50% for OSA, and have a CPAP machine I was tested while in the military and few years ago before I retired and was found to have moderate Sleep Apnea. The VA just re-tested me to reconfirm that I had OSA, and they found me to have severe Sleep Apnea. I am looking to see if there is a possibility of increasing my rating percentage. Any information and references would be appreciated.

Postby chuck08 » Fri Dec 01, 2006 7:25 pm

Toml wrote:I'm currently rated at 50% for OSA, and have a CPAP machine I was tested while in the military and few years ago before I retired and was found to have moderate Sleep Apnea. The VA just re-tested me to reconfirm that I had OSA, and they found me to have severe Sleep Apnea. I am looking to see if there is a possibility of increasing my rating percentage. Any information and references would be appreciated.

Toml, whether you have mild, moderate or severe sleep apnea that requires breathing assistance from a CPAP, you can only be awarded 50%. Also, I was surprised to see VA retested to confirm you still had OSA. How long was a few years since your first sleep study? How was the C&P exam?

38 CFR Book C-Schedule for Rating Disabilities
The Respiratory System

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
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Postby Guest » Sat Dec 02, 2006 10:03 pm

I am currently with 3rd battalion 7th Marines as a Navy Corpsman with 3 years in,I have been diagnosed with sleep apnea very recently and prescribed a cpap.I havent spoke with my provider about this yet but i have heard that i may possibly be seperated due to this condition.Any thoughts on what may happen if i decline surgery and I am not overweight?


Postby Guest » Tue Dec 12, 2006 9:51 pm

I was a SSG in the Army for 9 years, got punched in the nose in Saudi during desert storm by another GI, Army doctor fixed, but didn't fix my septum which was recently diagnosed as massively deviated. This was after only about a year in that I was injured. I didn't think much of it, my wife complained I snored but she got used to it. Finally I went to a doctor and discovered I had apnea, got my septim repaired and tonsils out and I'm good to go now.

For the above poster, if you can get the surgery, I'd recommend doing it, it's really a life-changer.

Now my question- Can I get any type of disability from the Army for my apnea? I've been out since 1998, but I suspect I've had apnea since 1990 or 1991, the dates I was deployed/injured. The injury itself should be in my military records, but I'm not sure about anything else.

Thanks in advance, also, because I might never find this forum again, if you could email me at cjnewman@uiuc.edu I'd appreciate it.

Thanks- Chris

Postby Guest » Wed Dec 13, 2006 6:24 am

I don't believe that you have any idea if it was caused by the service or not. If nothing else, chemicals used during wartime aggravate all breathing problems. Why the bitterness about a strangers life?

Filing for sleep apnea

Postby sfcleary » Sun Dec 17, 2006 11:34 pm

Hey Vets,

I have been retired for 5 years and had no idea I had sleep apnea for all these years. Hell, I thought you only got 4 hours sleep a night and the rest of the world was just plain lazy. I have a 60% rating from injuries and surgeries. I was just diagnosed with sleep apnea by a military doctor. Does anyone know of anyone else that has been approved a disability rating for sleep apnea after retirement? I have several ratings of 0 that are related to sinus and headaches. Any information would be helpful.

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