To appeal a VA claim denial for sleep apnea, first review the VA’s letter to determine why your claim was not successful. You can then file a Supplemental Claim, ask for a Higher Level Review, or request a Board Appeal to move forward with your appeal.
An attorney who works with Veterans’ Disability benefits can help you understand what may have been missing in your claim and choose the right avenue for contesting the VA’s decision. Your lawyer can help you gather medical records and evidence to support your appeal.
Our Veterans’ Affairs Disability benefits claims lawyers have more than 120 years of combined experience helping injured Americans get the benefits they have earned. Call today to schedule your free consultation and find out how we can assist you with your VA Disability claim denial.
Call or text (800) 562-9830 or complete a Free Case Evaluation form
Review Your Claim Denial Letter
If the VA denied your claim, they sent you a letter explaining why. This gives you a starting point for understanding what you need to include in your appeal. Our attorneys can help you review your letter and make sense of the VA’s issues.
Common reasons for a sleep apnea claim denial include:
- No current diagnosis of sleep apnea confirmed by a sleep study
- No connection between your sleep apnea and military service
- No evidence showing service aggravation of a preexisting condition
- The VA found your condition was secondary to a non-service-connected disability
Sometimes, our attorneys can simply help you submit the correct medical records that document your sleep apnea and its impact on your life. Other evidence can show a nexus to your time in service, which is a requirement to qualify for a service-connected disability rating.
For a free legal consultation, call (800) 562-9830
Choose Your Avenue for Appeal
Under the Appeals Modernization Act, you have three main options to appeal a VA claim denial for sleep apnea.
Request a Higher-Level Review
A Higher-Level Review allows a senior VA reviewer to reassess your denied claim without accepting any new evidence. This is a good option if you believe the VA made an error while assessing your claim or overlooked existing evidence.
Submit a Supplemental Claim
A Supplemental Claim lets you submit new evidence, such as updated medical opinions or service records, to strengthen your case. It’s the most common option for sleep apnea appeals, especially when new evidence exists that the VA has not seen.
Request a Board Appeal
Requesting a Board Appeal sends your case to the Board of Veterans’ Appeals for review by a Veterans Law Judge. This option is often reserved for when the first two are not successful.
Within this appeal option, you have three more suboptions:
- Request a direct review, where a Veterans Law Judge will look at the present evidence and give a decision
- Submit new evidence for the Judge to consider without a hearing
- Request a hearing where you and your attorney can submit new evidence to a Veterans Law Judge
Evidence That Can Help Your Appeal
Our legal team can help you submit the correct form for the types of appeal you wish to submit and gather supporting evidence that was lacking in your Veterans Disability claim. Some important pieces of evidence that can sway the VA in your favor include:
A Current Diagnosis
You must provide medical proof of sleep apnea through a VA or private sleep study confirming the type, such as obstructive, central, or mixed. A current, valid diagnosis is necessary to establish the condition before the VA can grant service connection.
In-Service Event or Symptoms
You must present evidence that your sleep apnea symptoms began during your time in the service. You can include statements from fellow service members or family, along with any service records that illustrate symptoms like fatigue, sleep problems, or respiratory issues.
Nexus to Service
A nexus letter from a qualified medical provider shows a link between your sleep apnea and your military service or a secondary condition, such as PTSD or hypertension. The letter should state it’s at least as likely as not that your condition is connected to your time in the service.
Get Help With Your VA Sleep Apnea Claim Denial
You can appeal a VA claim denial for sleep apnea by reviewing and understanding your denial letter, choosing the right path for your appeal, and making sure you address the VA’s concerns with strong evidence. It is a good idea to work with an attorney who understands the VA system.
Our lawyers can explain your letter and answer your questions about sleep apnea VA claims. We’ll help file your claim, walk you through the steps of your appeal, and stand beside you in any hearings.
For over 30 years, Marc Whitehead & Associates has advocated for injured veterans and other Americans, helping them obtain the benefits they have earned.
Call today for a free consultation to discuss your VA sleep apnea claim denial.