Sleep Apnea Secondary to Deviated Septum: VA Claim Guide

Sleep Apnea Secondary to Deviated Septum: A Veteran's Guide to VA Disability Claims

Are you a veteran struggling with sleep apnea and a deviated septum? You might be entitled to VA disability benefits. Many veterans don't realize that sleep apnea can be claimed as secondary to other service-connected conditions, including a deviated septum. This comprehensive guide will walk you through the process of connecting your sleep apnea to your deviated septum, increasing your chances of a successful VA claim.

Understanding the Connection

A deviated septum, a common condition where the nasal septum is displaced to one side, can obstruct airflow, leading to breathing difficulties. While not always directly causing sleep apnea, a deviated septum can significantly worsen existing sleep apnea or contribute to its development. The VA recognizes this potential connection, allowing veterans to claim sleep apnea secondary to a service-connected deviated septum.

What is a Deviated Septum?

The nasal septum is the wall of cartilage and bone that divides your nasal cavity into two nostrils. A deviated septum occurs when this wall is significantly displaced to one side, making one nasal passage smaller than the other.

Causes of Deviated Septum

• Congenital: Present at birth.
• Injury: Trauma to the nose, often during military service.

Symptoms of Deviated Septum

• Nasal obstruction, often more pronounced in one nostril.
• Nosebleeds.
• Facial pain.
• Headaches.
• Sinus infections.
• Difficulty breathing through the nose.
• Loud snoring

How Does a Deviated Septum Contribute to Sleep Apnea?

A deviated septum can lead to or exacerbate sleep apnea through several mechanisms:

• Increased Airway Resistance: The obstruction caused by the deviated septum increases the resistance to airflow, making it harder to breathe, especially during sleep when muscles relax.
• Mouth Breathing: Nasal obstruction often leads to mouth breathing, which can dry out the throat and increase the likelihood of the tongue falling back and obstructing the airway during sleep.
• Inflammation: Chronic nasal obstruction can cause inflammation in the nasal passages, further narrowing the airway.

Filing a VA Claim for Sleep Apnea Secondary to Deviated Septum

To successfully claim sleep apnea secondary to a service-connected deviated septum, you need to establish a clear connection between the two conditions. This requires providing sufficient evidence to the VA.

Required Evidence

• Diagnosis of Deviated Septum: Medical records showing a diagnosis of deviated septum, ideally documented during or shortly after your military service. If the deviated septum wasn't documented in service, you'll need evidence showing how it is service-connected (e.g., due to a specific injury).
• Diagnosis of Sleep Apnea: A formal diagnosis of sleep apnea, typically through a sleep study (polysomnography).
• Medical Nexus Letter: The most crucial piece of evidence is a medical nexus letter from a qualified medical professional (e.g., ENT specialist, pulmonologist). This letter should explicitly state that your sleep apnea is "at least as likely as not" caused or aggravated by your service-connected deviated septum. The nexus letter should explain the medical reasoning behind this connection.
• Service Records: Documentation of the event or injury during military service that caused your deviated septum. This could include medical records, incident reports, or buddy statements.
• Lay Statements: Personal statements from yourself, family members, or fellow service members describing the onset and progression of your nasal issues and sleep disturbances. See our Lay Statement Generator to help you craft a compelling statement.

Proving Service Connection for Deviated Septum

If your deviated septum was not diagnosed during service, you'll need to prove that it is service-connected. This can be done by showing:

• Direct Service Connection: An injury or event during service directly caused the deviated septum. For example, a broken nose during combat.
• Aggravation: A pre-existing deviated septum was aggravated by your military service.

Understanding VA Sleep Apnea Ratings

The VA rates sleep apnea based on the severity of the condition and the required treatment, according to 38 CFR § 4.97, Schedule of Ratings – Respiratory System, Diagnostic Code 6847:

• 0%: Asymptomatic sleep apnea
• 30%: Persistent daytime hypersomnolence (excessive sleepiness)
• 50%: Requires the use of a breathing assistance device, such as a CPAP machine.
• 100%: Chronic respiratory failure with carbon dioxide retention or cor pulmonale (right-sided heart failure).

Important: If your sleep apnea requires the use of a CPAP machine, you are generally entitled to a 50% disability rating.

Secondary Conditions to Sleep Apnea

It's also worth noting that sleep apnea can cause or worsen other conditions, which can lead to additional disability claims. Common secondary conditions to sleep apnea include:

• Hypertension (High Blood Pressure)
• Heart Disease
• Diabetes (Type 2)
• Mental Health Conditions (Depression, Anxiety)

Example Scenario

Let's say a veteran suffered a broken nose during a training exercise, resulting in a deviated septum. Years later, they develop sleep apnea and require a CPAP machine. They obtain a medical nexus letter stating that their sleep apnea is at least as likely as not caused by the service-connected deviated septum. In this scenario, the veteran would likely be granted a 50% disability rating for sleep apnea secondary to the deviated septum.

Maximizing Your VA Disability Claim

• Gather Comprehensive Evidence: The more evidence you provide, the stronger your claim will be.
• Obtain a Strong Nexus Letter: A well-written nexus letter is essential for connecting your sleep apnea to your deviated septum.
• Seek Professional Help: Consider working with a VA-accredited attorney or claims agent who specializes in disability claims. They can guide you through the process and help you gather the necessary evidence.
• Be Persistent: VA disability claims can be complex and time-consuming. Don't get discouraged if your initial claim is denied. You have the right to appeal the decision.

Use Our VA Disability Calculator

Estimate your combined disability rating and potential monthly compensation using our Calculator. Understanding your potential benefits can help you prepare for the claims process.

Conclusion

Claiming sleep apnea secondary to a deviated septum can be a complex process, but with the right evidence and approach, you can increase your chances of a successful VA disability claim. Remember to gather comprehensive medical records, obtain a strong medical nexus letter, and seek professional help if needed. Don't hesitate to fight for the benefits you deserve. Take action today to improve your health and financial well-being.

Frequently Asked Questions (FAQ)

Q: Can I claim sleep apnea secondary to a deviated septum even if my deviated septum wasn't diagnosed during service? A: Yes, but you'll need to provide evidence showing that your deviated septum is service-connected, either through a direct injury or aggravation of a pre-existing condition.

Q: What if my nexus letter doesn't explicitly state "at least as likely as not"? A: The VA requires the "at least as likely as not" (50% probability) language in the nexus letter. If your letter doesn't include this, it may be insufficient.

Q: How long does it take to get a decision on a VA disability claim? A: The processing time for VA disability claims can vary, but it typically takes several months to a year or more.

Q: What should I do if my claim is denied? A: If your claim is denied, you have the right to appeal the decision. You'll typically have one year from the date of the denial letter to file an appeal.

Q: Where can I find more information about VA disability claims? A: You can find more information on the VA website (www.va.gov) or by contacting a VA-accredited attorney or claims agent.