Veterans who suffer from obstructive sleep apnea (OSA) may wake in the morning feeling drained and exhausted, and then be extremely fatigued all day long. OSA occurs when an individual is sleeping and throat muscles continually relax, blocking the airway and reducing the amount of air that makes it into the lungs. This causes the breath to stop and start throughout the night.

OSAOver 90 percent of veterans who submit claims for OSA were on active duty in the Afghanistan and Iraq Wars, as well as Gulf War I. It’s estimated that 9 out of 10 veterans who receive disability benefits for OSA from the United States Department of Veterans Affairs (VA) are rated 50 percent disabled by this illness. And veterans who suffer from service-connected OSA may also have secondary medical conditions, including depression.

Proving Service-Connected OSA

It’s not easy to prove your OSA is service-connected. In 2013–2014, the Board of Veterans Appeals denied over 70 percent of sleep apnea appeals by veterans. This means approximately three of four veterans will be denied their sleep apnea claims and appeals.

Thus, you need to provide strong lay evidence about the symptoms you experienced while in service such as:

  • Interrupted breathing at night
  • Loud snoring
  • Gasping for air
  • Dry mouth
  • Extreme daytime exhaustion

Additionally, you need your doctor’s medical opinion that explains how these symptoms are “more likely than not” linked to sleep apnea during your service. If your doctor can establish a direct connection between your symptoms and your time in the military, you may be able to prove service-connected OSA.

Contact Cuddigan Law

If you’re a veteran who wants to prove your OSA is service-connected, call Cuddigan Law. Our VA attorneys have years of experience handling veterans’ claims, and we're happy to handle yours. We'll examine your case, develop the best strategy, and work with you to submit a claim or appeal a denial that increases your chances of receiving disability benefits. Contact our office today.

 

Timothy J. Cuddigan (Founder - Retired)
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Omaha Social Security and Veterans Disability Lawyer With Over 40 Years Experience