Filing successful sleep disorder claims may be difficult without the advice and guidance of a VA-accredited attorney. If the Department of Veterans Affairs (VA) denied your claim for disability benefits, VetLaw’s team of steadfast lawyers help you file an appeal to challenge the Agency’s decision.
Disability Insurance Claim for Insomnia or Other Sleep Disorders. Insomnia is a medical condition which has been contributing to a significant number of short and long term disability claims over the last few years.
The Social Security Administration (SSA) no longer has a disability listing for sleep apnea, but it does have listings for breathing disorders, heart problems, and mental deficits.
Sleep paralysis is not a disability on its own, neither is sleepwalking, but both of these are considered symptoms of the greater sleep disorder categories that can increase VA ratings. Some disorders fit into other categories and can still increase ratings.
If you have a sleep disorder, you may be eligible for Social Security disability benefits. The most common sleep disorders are insomnia and sleep related breathing disorders such as sleep apnea. Insomnia is a condition characterized by an inability to sleep.
Insomnia is a sleep disorder causing individuals to have trouble falling asleep and/or staying asleep. A person has chronic insomnia if they experience insomnia at least three nights a week for at least one month.
You Earn Too Much Income For SSDI, which is the benefit program for workers who have paid into the Social Security system over multiple years, one of the most basic reasons you could be denied benefits is that, when you apply, you are working above the limit where it is considered "substantial gainful activity" (SGA).
Therefore, the disability will be rated by analogy to mental health disorders. 38 C.F.R. § 4.20 (2013). In an October 2012 rating decision, the RO granted an increased disability rating of 10 percent for insomnia, effective July 9, 2012.
Polysomnography, also called a sleep study, is a comprehensive test used to diagnose sleep disorders. Polysomnography records your brain waves, the oxygen level in your blood, heart rate and breathing, as well as eye and leg movements during the study.
Most Researched Sleep DisordersInsomnia.Sleep Apnea.Narcolepsy.Restless Leg Syndrome (RLS)Parasomnias.REM Sleep Behavior Disorder.Non-24-Hour Sleep Wake Disorder.Excessive Sleepiness.More items...•
1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.
Some of the conditions that may automatically qualify the policyholder for social security disability benefits include:Musculoskeletal system and connective problems including: Arthritis. ... Mental disorders including: ... Cardiovascular conditions and circulatory disorders: ... Cancer.Nervous system and sense organs conditions:
Tips to Improve Your Chances of Getting Disability BenefitsFile Your Claim as Soon as Possible. ... Make an Appeal within 60 Days. ... Provide Full Details of Medical Treatment. ... Provide Proof of Recent Treatment. ... Report your Symptoms Accurately. ... Provide Medical Evidence. ... Provide Details of your Work History.More items...•
If you were diagnosed with insomnia prior to military service, you may still be able to file a disability claim. To do so, you will need to show that your time in the service aggravated your symptoms and made the condition worse.
There is no specific test to diagnose insomnia. Your healthcare provider will perform a physical exam and ask questions to learn more about your sleep problems and symptoms. The key information for the diagnosis of insomnia is reviewing your sleep history with your doctor.
Depression, as well as anxiety and PTSD, can cause insomnia. Insomnia can also cause depression, meaning that secondary service connection can be established either way. However, in order to receive benefits for insomnia, VA will require the veteran to undergo a sleep study.
A veteran’s insomnia would be rated on a scale from zero to 100 percent disability, depending on the resulting symptoms.
A sleep apnea diagnosis is usually based on a sleep study, which may sometimes be conducted with a take-home device. Breathing, heart rate, apneas, and sleep quality are all typically tested during the sleep study.
Sleep Apnea. Sleep apnea is a condition which hinders a veteran’s ability to breath during rest and may be characterized as obstructive, central, or mixed. Symptoms which may have been noted during active duty include daytime tiredness, snoring, gasping for air while asleep, frequent awakenings, daytime napping, and others.
Sleep apnea is generally rated as 50 percent disabling, so long as the veteran requires the use of a CPAP or other device for control of the apnea. Other ratings from zero to 100 percent are available, but rarely awarded.
Insomnia. If a veteran has persistent difficulty initiating and maintaining sleep or is unable to fall back asleep after waking up, they may qualify for disability compensation for insomnia. The VA uses certain criteria defined in 38 Code of Federal Regulations §4.130 to evaluate the severity of a former servicemember’s sleeping disorder.
Lay statements from a veteran, spouse, or anyone else who can attest to nighttime symptoms which began on active duty can be very helpful in proving entitlement to service connection for sleep disorder claims.
There are several types of SSI and SSDI applicants that should be approved for disability benefits the first time they apply, assuming they meet the nonmedical requirements of SSI and SSDI and have sufficient medical records to prove their condition exists.
If you are a SSI or SSDI applicant who has a condition listed as part of the Compassionate Allowances (CAL) program (a list of 100 conditions including acute leukemia, adrenal cancer, Early-Onset AlzheimerÂ’s Disease, bone cancer and bladder cancer which the SSA assumes are so severe and debilitating that you will not be able to perform substantial gainful activity) than your claim should be approved the first time you apply and you will not need to hire a disability lawyer..
The SSA maintains a list of conditions and symptoms it considers automatically disabling. Claimants who have a condition which“meets or exceeds a listing” on the SSA Listing of Impairments (informally known as the Blue Book) will be considered automatically disabled, assuming they meet the nonmedical requirements of SSI or SSDI.
Assuming a claimantÂ’s case does not fall under the first two examples, the disability applicant needs to have a realistic idea about how much effort they want to put into the process of getting disability benefits. For most claimants the disability process will be time-consuming, difficult, confusing and challenging.
Claimants who do not meet the above examples and who must prove through a vocational allowance that they cannot work should talk to a disability lawyer. These cases will most likely be denied at the initial application level and an appeal will have to be made to get SSDI or SSI benefits.
The Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition ( DSM-5) defines insomnia as a “dissatisfaction with sleep quantity or quality, associated with one (or more) of the following symptoms”:
There is a difference between struggling to fall asleep and having the sleep disorder insomnia. When it can be categorized by prolonged periods of restlessness, disturbances of daily life, and a continuous downward trend of mental and physical health, the VA recognizes sleep issues like insomnia.
You are also eligible to file a disability claim for insomnia if you already had it before you joined the military. To qualify for this type of claim, you will need to prove that the condition was aggravated, or made worse, by your time in military service.
Secondary service connection refers to a disorder or condition that arises as a result of another disorder or condition. To qualify for secondary service connection, the first disability must already be proven to be service-connected. Seeking compensation for two disabilities can potentially increase your rating and therefore your benefits.
Typically, the VA measures insomnia with Schedule of Ratings for Mental Health Disorders 38 CFR. Sleep disorders are graded as mental health disabilities, which factors into how the rating is decided. Mental health disabilities are rated as a total combination of each comorbid disorder.
Insomnia disability benefits depend on the VA’s veteran’s disability compensation chart. The 2021 VA compensation rates fluctuate depending on rating and dependents. For a 10% VA disability rating, a veteran will receive $144.14 a month. For a veteran with no dependents and a 100% disability rating, the benefits are roughly $3,146.42 a month.
The VA currently recognizes three major sleep disorder VA ratings. While other disorders may factor in, the main three are insomnia, sleep apnea, and narcolepsy.
The SSA will look at how tired you are in the daytime and how that affects your ability to work. For example, if you suffer from significant daytime sleepiness you probably should not operate a vehicle or other heavy, dangerous machinery. The SSA will also look at how other conditions impact the work you can do.
If you have difficulties with thinking, remembering, concentrating, or getting along with people, the SSA will prepare a mental RFC assessment.
Types of Sleep Apnea. There are two types of sleep apnea. The most common type is obstructive sleep apnea , which occurs when tissue in the back of your throat slackens and causes the airway to be obstructed. Obstructive sleep apnea is often associated with obesity and snoring. Another, much less common type of sleep apnea is called central sleep ...
People with sleep apnea also may feel irritable and depressed and have headaches in the morning. But sleep apnea can be much more serious than loud snoring and feeling tired. When you stop breathing during an episode of sleep apnea, the oxygen levels in your blood decrease (hypoxemia). This fluctuation in oxygen levels can lead to ...
The Social Security Administration (SSA) no longer has a disability listing for sleep apnea, but it does have listings for breathing disorders, heart problems, and mental deficits. If you meet the criteria of one of the listings due to your sleep apnea, you would automatically qualify for disability benefits. Some ways to meet the listings for complications caused by sleep apnea are having severe cognitive deficits, mood disturbances, and/or behavioral issues; chronic pulmonary hypertension; or chronic heart failure/cor pulmonale (right-sided heart failure).
Sleep Apnea . Sleep apnea is one of the most common conditions that veterans claim in terms of sleep disturbances. VA recognizes three types of sleep apnea, including the following: Obstructive – causes the muscles in a person’s throat to close up from time to time and prevent breathing during sleep.
According to VA, a sleep study must be performed in order to get a medical determination that the veteran is truly suffering from sleep apnea.
Insomnia is a chronic sleep disorder that involves an inability to fall asleep and/or difficulty staying asleep throughout the night. This condition can have a negative impact on social and occupational functioning. While it is possible that a veteran’s insomnia began in service, it is common for it to develop later on as a result of another disability.
Veterans who are obese tend to have a higher propensity for developing sleep apnea. The current rule allows veterans to use obesity, not as its own disability for which they can receive compensation, but as a link between their service-connected condition and sleep apnea.
VA offers service-connected compensation for multiple sleep disturbances, including sleep apnea, insomnia, and narcolepsy. Importantly, service connection for sleep disorders can be awarded on a direct, secondary, or presumptive basis.
Importantly, veterans will not receive separate disability ratings for multiple types of sleep conditions. Instead, they will only receive a single combined disability rating for the condition that takes into account all of their symptoms.
Service Connection for Sleep Apnea. As mentioned above, sleep apnea is one of the most commonly claimed respiratory conditions amongst veterans. This may be due in part to the fact that there are so many different avenues for veterans to pursue in terms of service connection.
Some common types of sleep disorders include: • Insomnia involves difficulty falling asleep or staying asleep throughout the night. • Sleep apnea, in which you experience abnormal patterns in breathing while you are asleep. There are several types of sleep apnea. • Restless legs syndrome (RLS), a type of sleep movement disorder.
Insomnia, sleep apnea, narcolepsy, and restless legs syndrome are among the most common. Sleep disorders are neurological conditions that change the way you sleep. They can affect general health, safety and quality of life. Sleep deprivation can affect your ability to drive safely and increase your risk of other health problems.
Restless legs syndrome, also called Willis-Ekbom disease, causes an uncomfortable sensation and an urge to move the legs while you try to fall asleep. • Narcolepsy, a condition characterized by extreme sleepiness during ...
Sleep deprivation can affect your ability to drive safely and increase your risk of other health problems. Some of the signs and symptoms of sleep disorders include excessive daytime sleepiness, irregular breathing or increased movement during sleep, and difficulty falling asleep.
A long-term employee with a sleep disorder has begun to have difficulty completing the mandatory overtime recently instated by the employer. The employee is fatigued, inattentive, and has trouble getting through his regular schedule at times. He discloses to his employer and asks to be exempt from the overtime.
These ideas may be helpful in determining accommodations. Sleep Disorder and the Americans with Disabilities Act. The ADA does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet.
Be aware that not all people who are aging will need accommodations to perform their jobs and many others may only need a few accommodations.
According to the statute, a person is considered disabled if he has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having such an impairment. In other words, if your sleep disorder impacts your ability to work, your employer may be required ...
The Job Accommodation Network, a service of the U.S. Department of Labor, offers several suggestions, depending on whether your problem is sleepiness, lack of concentration, attendance, or memory difficulties. They include: Longer breaks or shorter, more frequent breaks. Changes in shift to a time when youre more alert.
In other words, if your sleep disorder impacts your ability to work, your employer may be required to provide reasonable accommodations—unless you simply cant do the job you were hired to do or your condition endangers the safety of others. (If you are a bus driver whose insomnia leaves you too tired to drive, for example, ...