insomniaIf you are a Veteran who believes that your service-connected insomnia has worsened or that the VA underrated your insomnia from the outset, you can request an increase for your benefits.

 

How the VA Rates Insomnia

The Department of Veterans Affairs (VA) does not have a standalone diagnostic code for rating insomnia. Instead, the VA uses the General Rating Formula for Mental Disorders (38 CFR § 4.130), and rates insomnia. from 0% to 100% as follows:

  • 0%: Diagnosed condition exists, but symptoms are mild and do not interfere with work or social life or require medication.
  • 10%: Mild symptoms that are manageable and may require continuous medication.
  • 30%: Occasional decrease in work efficiency and intermittent inability to perform occupational tasks, though mostly able to work.
  • 50% & 70%: Reduced reliability, impaired judgment, frequent sleep disturbances, and major social and occupational impairment.
  • 100%: Total occupational and social impairment.

The VA typically combines insomnia with an existing service-connected mental health condition (like PTSD or depression) rather than giving a separate rating. Separate ratings are usually only considered if the insomnia stems strictly from a physical, non-mental health issue like chronic back pain.

Some of the common causes of Veteran insomnia include:

  • Anxiety, deployment trauma, and hypervigilance— common symptoms of PTSD — make it hard to wind down and often trigger recurring nightmares.
  • Service-related physical injuries can make sleep uncomfortable and even painful.  Back conditions, and long-term joint or muscle pain often make falling asleep and staying asleep difficult.
  • Irregular sleep schedules, shift work, and conditioned arousal from service can carry over into civilian life.
  • Other service-connected disorders like sleep apnea often drastically worsens overall sleep quality and increases health risks.

 

Making the Case for a Rating Increase

There may come a point after you’ve received VA benefits for a period of time that your disability begins to worsen. You may experience greater pain, suffer broader or more challenging symptoms, or find that your day-to-day functioning has decreased. You may even find that it’s getting harder to work and sustain gainful employment. If this happens, you may feel that the percentage rating you were assigned when your claim was first approved is no longer high enough to represent the deterioration and regression in your health due to your disability. Ultimately, you may want to ask the VA for a rating increase.

 

Steps to Increase Your Benefits or File a Claim

 

Warning: Why Your Rating and Benefits Could Remain the Same or Even Decrease

You need to be aware that the outcome of a rating request may not be exactly what you expect or intend. It seems logical that if you’re awarded a higher disability rating, you will receive a larger monthly check from the VA. However, the process doesn’t always work that way. It’s possible that a small increase added to your rating will have little impact on the amount of your compensation. For example, if your rating is already at 50 percent, an increase of 10 percent may not impact the bottom line. The VA uses complicated formulas and combined ratings tables to decide the percentage. Thus, an attorney experienced in VA disability benefits can help determine if you’re likely to receive an increased rating and an increase in financial compensation.

It’s also possible that making a request for a rating change can actually lower your disability rating. When the VA receives your claim, the agency will review your entire file. This means your initial rating will be re-evaluated and all your medical records scrutinized. This can have a positive or negative outcome. The VA may actually decrease your rating based on the new medical evidence you provide about your condition. If they don’t see deterioration and, instead, see improvement in your current disability, the VA may reduce your benefits.

Before you ask for an increase in your VA rating, be sure you’re making the request strictly because you believe your disability has become worse. You shouldn’t request an increase if:

  • You need more money to keep up with the cost of living,
  • You have additional financial responsibilities,
  • You are suffering sudden financial hardships

The VA won’t award an increase for these reasons. But if you believe your condition has truly deteriorated, you can file your increase request at va.gov. But before you do, it may be wise to get an expert opinion on your case from an experienced VA disability attorney.

If you are a Veteran who finds it difficult to sleep, who tosses and turns all night long? You are not alone. Insomnia is one of the most common health complaints among military Veterans. The VA estimates that roughly 11% to 20% of Veterans suffer from this sleep disorder.

Being awarded a higher VA disability rating for any condition and especially for insomnia can be tricky and unfortunately, the VA often denies these requests. There is no easy formula for addressing Veterans’ claims, especially for increases in ratings. At Cuddigan Law, we examine each case individually, develop the best strategy, and work with you to submit your claim or file an appeal if it’s been denied. Call or email us for a free evaluation of your situation. We only get paid when you win your case.

 

 

 

Sean D. Cuddigan
Sean D. Cuddigan
Connect with me
SSA and VA Disability Attorney in Omaha, Nebraska
Post A Comment