Sleep Apnea Secondary to Asthma VA Rating

Sleep Apnea Secondary to Asthma

According to law See 38 CFR § 3.310(a), service connection is established on a secondary basis for a disability which is because of result of service-connected disease or injury.

In order to establish service connection on secondary basis it must requires to provide sufficient evidence as mentioned below:

  1. Medical diagnosis of Obstructive Sleep Apnea
  2. Sleep Apnea may be due to proximately caused by or proximately aggravated by a service-connected disability. for detail see Allen v. Brown, 7 Vet. App. 439, 448 (1995).

In case if the positive and negative evidence provided by the veterans are approximate balance 50/50  of positive and  negative, as per law (38 USCA § 5107; 38 CFR § 3.102; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990), the Secretary must give the priority of the doubt to the claimant.

To prove service connect Sleep Apnea secondary to Asthma, you will be asked for the Independent Medical Opinion (IMO) “Medical Nexus Letter” which will create link in between Sleep Apnea and Asthma.

What are secondary conditions to asthma?

  • GERD (acid reflux or heartburn)
  • Obstructive Sleep Apnea
  • Depression and Anxiety
  • Allergies
  • Nasal polyps
  • Vocal Cord Dysfunction (Inducible Laryngeal Obstruction)
  • Asthma-COPD overlap syndrome
  • Bronchiectasis
  • Type 2 Diabetes

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