Can I Claim Sleep Apnea Secondary to Hypertension?

The process for seeking disability compensation from the Department of Veterans Affairs (VA) allows for a condition to be service-connected in several ways. A common question involves claiming a health issue, such as sleep apnea, as a secondary result of a condition already connected to service, like hypertension. A secondary service connection claim proposes that the existing, service-connected disability either caused or aggravated a separate, non-service-connected condition. Successfully claiming sleep apnea secondary to hypertension requires proving a direct medical link between the two conditions to establish this secondary connection. This pathway acknowledges that the effects of a service-connected illness can extend beyond the original diagnosis, leading to other disabling conditions over time.

Establishing the Requirements for a Secondary Claim

A veteran seeking to claim a secondary condition must first demonstrate that the initial condition, in this case, hypertension, is already service-connected. This status acts as the foundation for the entire secondary claim, as the VA does not provide compensation for non-service-connected conditions. Once the primary condition is established, the claimant must then satisfy the “nexus requirement” for the secondary condition.

The nexus requirement dictates that the secondary condition must be “proximately due to or the result of” the service-connected condition. This legal standard is codified in VA regulations under 38 CFR ยง 3.310. This means the claim must show that the service-connected hypertension led directly to the development of sleep apnea, or that it made a pre-existing, non-service-connected sleep apnea worse.

Proving this connection requires competent medical evidence, which bridges the gap between the two separate diagnoses. Without this medical bridge, the VA cannot legally grant service connection for the secondary condition. The secondary claim is ultimately judged on whether the service-connected hypertension is medically shown to be the cause, or contributing factor, of the sleep apnea.

Medical Nexus Between Hypertension and Sleep Apnea

The medical relationship between hypertension and sleep apnea is often bidirectional, but a claim for sleep apnea secondary to hypertension focuses on the mechanisms where high blood pressure affects the respiratory condition. One theory suggests that chronic, uncontrolled hypertension can lead to structural changes in the upper airway. This predisposition makes the airway more susceptible to collapse during sleep, which is the physical cause of Obstructive Sleep Apnea (OSA).

Another significant mechanism involves fluid retention, a common issue with cardiovascular conditions like hypertension. Elevated blood pressure can cause fluid to shift and accumulate, particularly in the neck and upper body during the day. When the person lies down to sleep, this excess fluid may migrate to the neck tissues, narrowing the pharyngeal airway and increasing the likelihood of airway obstruction and apneic events.

The physiological stress of hypertension also plays a role by promoting sympathetic nervous system hyperactivity. This heightened state of stress and vasoconstriction can contribute to the development or worsening of sleep-disordered breathing, creating a cycle that exacerbates both conditions.

Scientific literature has documented that individuals with hypertension have an increased probability of developing sleep apnea, supporting the viability of this secondary claim. When submitting a claim, a medical professional must specifically state that the service-connected hypertension is “at least as likely as not” the cause or an aggravating factor for the sleep apnea. This particular language is the threshold required by the VA for a successful secondary connection.

Required Evidence and Documentation

Filing a successful secondary claim requires submitting specific documentation that substantiates both the diagnosis and the medical link. The first requirement is a definitive diagnosis of sleep apnea, which the VA mandates must be confirmed by a sleep study, such as a polysomnography. This sleep study report is non-negotiable proof of the secondary condition.

The second item of evidence is documentation confirming that the hypertension is already service-connected, established through existing VA records. The most crucial piece of evidence is the medical nexus letter, prepared by a qualified health professional. This letter must explicitly connect the service-connected hypertension to the sleep apnea, referencing the specific medical theories and the veteran’s personal health records.

The VA may schedule a Compensation and Pension (C&P) examination, where a VA examiner reviews the evidence and provides their own medical opinion on the nexus. Preparing for this exam involves reviewing the medical records and being ready to discuss the history and progression of both conditions. Thorough medical records tracking the onset and progression of the sleep apnea symptoms relative to the hypertension treatment and control are also important components of a strong claim.

Understanding the VA Rating for Sleep Apnea

If the claim for secondary service connection is approved, the VA rates the sleep apnea based on its severity and required treatment. Sleep apnea syndromes, including obstructive, central, and mixed types, are evaluated under Diagnostic Code 6847 within the VA Schedule for Rating Disabilities (VASRD). The rating outcome is solely determined by the current severity of the sleep apnea, regardless of which condition it was secondary to.

The rating is assigned at one of four levels: 0%, 30%, 50%, or 100%.

  • 0% rating: Assigned when the veteran has documented sleep-disordered breathing but remains asymptomatic or the condition is controlled without a treatment device.
  • 30% rating: Warranted for veterans who experience persistent daytime hypersomnolence (chronic, excessive sleepiness).
  • 50% rating: Assigned when the sleep apnea requires the use of a breathing assistance device, such as a Continuous Positive Airway Pressure (CPAP) machine. This requirement is objective proof of a disabling condition requiring ongoing medical intervention.
  • 100% rating: Reserved for cases involving severe respiratory failure with carbon dioxide retention, cor pulmonale (right-sided heart failure), or the need for a tracheostomy.