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Sleep Apnea and Narcolepsy after Military Service

By Douglas I. Friedman of Friedman Law Firm, P.C.

Tuesday, March 23, 2021

FALLING ASLEEP A LOT DURING THE DAY? DID YOUR SERVICE CAUSE SLEEP APNEA? NARCOLEPSY? BOTH?

What if you are service-connected for sleep apnea, using a CPAP and you are service connected at 50%. But then your doctor tells you that you have narcolepsy. The highest rating for narcolepsy is 100%. Can you get a rating for both conditions?

The symptoms for sleep apnea and narcolepsy may seem to be the same: you are tired a lot and fall asleep during the day. I used to think that if narcolepsy was granted, the veteran would lose the 50% rating for sleep apnea because the symptoms of both conditions appear to be the same. Under VA rules you cannot receive service connection for the same symptoms under different medical conditions, which the VA calls “diagnostic codes.”

While sleep apnea is medical condition with which I was very familiar from many cases, narcolepsy is not nearly as common. After some research, I found that the conditions are actually very different. While they both may result in falling asleep, sleep apnea is a respiratory condition, while narcolepsy is a neurological condition. And the VA lists them under different diagnostic codes.

I soon realized that the symptoms of both conditions are actually very different. With sleep apnea you have trouble sleeping because you may be snoring loudly and stop breathing many times during the night. That is why you are tired during the day.

On the other hand, with narcolepsy you can fall asleep suddenly and unexpectedly, like in the middle of a conversation. You can also have hallucinations right before falling asleep or upon waking, and you also may experience cataplexy -- which is when your muscles suddenly go limp and weak. Maybe you experience sleep paralysis, which is when you are unable to move or speak, usually for a few seconds or minutes right before sleep or upon waking. These symptoms are similar to a seizure, which is why  narcolepsy is rated in the same manner as a seizure.

You will need a medical opinion, hopefully from your treating physician, to distinguish between the two conditions. But, if you have a diagnosis for each condition, and if the symptoms are different, you can claim ratings for both conditions simultaneously.

Contact us at 205-879-3033 or LifeHealth@FriedmanFirmPC.com for help with your Sleep Apnea and Narcolepsy claims!

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