Last year, 25 times that number of veterans and military retirees (24,791) were added to VA compensation rolls for service-connected sleep apnea, raising the number of vets and retirees drawing apnea payments to 114,103, double the number VA reported just three years earlier. VA compensation for sleep apnea now exceeds $1.2 billion annually under the most conservative of calculations. Michael T. Webster, a former naval aviator and family law attorney in Shalimar, Fla., calls this boom a scam and an offense to veterans who suffer from real disabilities.
Webster seeks to shine a spotlight on what he sees as widespread abuse of the VA claims system, mostly by recent retirees. He began with a May 6 letter to his congressman, Rep. Jeff Miller (R-Fla.), who is chairman of the House Armed Services Committee. Virtually every single family law case which I have handled involving military members during the past three years has had the military retiree receiving a VA disability based upon sleep apnea, Webster wrote. A recently retired colonel told me that military members approaching retirement are actually briefed that if they claim VA disability based on sleep apnea, then they receive an automatic 50 percent disability rating thereby qualifying for concurrent payment status.
A spokesman for Chairman Miller said: These are obviously very serious allegations and the committee is looking into them to ensure that veterans benefits go only to those who have earned them. VA data show 88 percent of veterans diagnosed with sleep apnea have a 50-percent disability rating. Thats because if a sleep study confirms apnea on active duty, or the condition can be linked back to time in service, and a CPAP (continuous positive airway pressure) machine is prescribed, then the current VA rating schedule requires a 50 percent disability rating.
Ironically, physicians who treat the disorder say that if a CPAP provides relief, vets no longer should be viewed as disabled, a nuance ignored by the Veterans Affairs Schedule for Rating Disabilities (VASRD). Many people who have sleep apnea and are on treatment are not disabled. I would say the majority, said Dr. Samuel Kuna, chief of sleep medicine at the Philadelphia VA Medical Center, in a phone interview. That seems to support Websters argument that VA is compensating increasing numbers of veterans who arent disabled. Webster said he knows of retired Air Force pilots diagnosed with sleep apnea who have passed rigorous flight physicals to be able to fly commercial aircraft.
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