Common Reasons Sleep Apnea Claims Get Denied or Underrated
- Missing or weak nexus evidence: VA denied the claim because the connection between military service and the sleep apnea diagnosis wasn’t clearly established.
- Overlooked secondary connections: Sleep apnea can develop secondary to PTSD, depression, anxiety, weight gain from a service-connected orthopedic condition, or other already-service-connected disabilities.
- CPAP compliance disputes: VA reduced or denied a rating based on questions about consistent CPAP use.
- Rating doesn’t match severity: A veteran is rated below 50 percent despite requiring a breathing assistance device, or below 100 percent despite chronic respiratory failure or the need for a tracheostomy.
- Old or stalled claims: Claims that have been open for years without a final decision, or that keep bouncing back and forth at the Board of Veterans’ Appeals.
What Makes CCK Law Different?
Difficult appeals are what our team does.
- A former Veterans Law Judge is part of our team.
- Precedent: CCK Law has argued cases that set precedent affecting millions of veterans over 117 times.
- Federal court experience: When VA didn’t get the law right, we take it to federal court. CCK Law has represented over 18,000 veterans and dependents at the U.S. Court of Appeals for Veterans Claims, and files writs of mandamus when a case has stalled.
- Depth: Over 100 individuals at CCK Law are accredited by VA or admitted to practice before the Veterans Court, one of the largest and most experienced teams in veterans law.
- Track record: CCK Law has had favorable outcomes in 98.5 percent of its actions before VA and a 95 percent win rate before the U.S. Court of Appeals for Veterans Claims. Past results do not guarantee future outcomes.
- Compensation recovered: Over $1 billion for 36,000+ clients since 1999.
Benefits Veterans With Sleep Apnea Often Miss
A free case evaluation looks beyond the sleep apnea rating itself. For example:
- TDIU: Total disability based on individual unemployability pays at the 100 percent rate when service-connected conditions, including sleep apnea, prevent substantially gainful employment.
- Special Monthly Compensation: Pays above the 100 percent rate for veterans who need aid and attendance, are housebound, or have certain combinations of disabilities.
- Secondary conditions: Sleep apnea itself is frequently secondary to another service-connected condition, and it can also cause or worsen others, including hypertension and depression.
- Effective dates and back pay: An earlier effective date can add years of retroactive benefits, and in an older claim the effective date is often the most valuable issue in the file.
Don’t wait if you want to appeal. Call (844) 398-4316 for a free case evaluation.
WHAT TO EXPECT
Our Process
Every case is unique. At CCK, our clients benefit from our collaborative approach to practicing law. We work to ensure that every client gets the individualized care and attention they deserve.
Free Case Evaluation
We will gather information about your case
Assigning Your Dedicated Team
Each client has their own dedicated team of advocates who will be in close communication with you throughout your case.
Case Strategy & Implementation
Based on you unique circumstances, your team will work with you to formulate the strongest possible strategy for your case.
We're honored to make a difference in the lives of our clients.
... The client relations were exceptional in returning my calls timely. Encounters with all representatives were handled with the utmost professionalism. They explained all processes and procedures to keep me updated and involved with my case. Their knowledge of the law and the VA is beyond compare. Chisholm Chisholm & Kilpatrick LTD should be retained by all veterans seeking compensation. If I were to pursue VA compensation again, I would certainly retain the services of this firm.
Jackie R.
I would like to thank the law firm of Chisholm Chisholm & Kilpatrick for all their hard work of helping me to get my rating of 100% VA disability. Every time I was denied they fought for me. I am very pleased and have also referred some of my friends to this great law firm. I thank you so very much.
Larry P.
... Dealing with this organization was easy and professional. My case was handled by not one but a team of lawyers and team experts. They left no card unturned. They were at my disposal any time I contacted them, and they kept me updated all the time. I highly recommend them to all veterans no matter what your disability.
Harvey L.