Sleepless Nights, Legal Solutions: Insomnia VA Rating FAQs Clarified by a Veteran Attorney

Veterans suffering from insomnia can experience cognitive difficulties that directly impact their personal and professional lives. If you or a loved one is suffering from service-connected insomnia, the insomnia VA rating you are assigned determines your eligibility for benefits, and a VA disability lawyer can help. Following are answers to some of the most common questions asked about insomnia VA disability applications, including how insomnia is defined and how it can impact a veteran’s life. If you need to appeal a denial or add insomnia or other sleep-related conditions to your VA disability rating, connect with a VA benefits lawyer from our firm today. 

Does the VA require a sleep study for insomnia?

When you apply for VA disability benefits for a sleep-related disorder, whether insomnia or sleep apnea, you will need to participate in a sleep study through the VA to receive a diagnosis or you can submit medical records from your private provider showing a current diagnosis. Sleep studies can also be used to diagnose restless legs syndrome. During a sleep study, you are observed during sleep so that conditions that might otherwise not be visible to the sufferer as they are sleeping or partially conscious during them can be measured. 

What is considered insomnia?

As defined by the VA, insomnia is defined at its most basic as being “when you have a hard time falling or staying asleep, or you wake up too early.” Suffering from insomnia can lead to a substantial change in the way in which a veteran is able to function in life. Insomnia can lead to issues at work, at school, and with relationships. There are treatments available to address insomnia, and how effective these treatments are have a direct impact on the insomnia VA rating that you receive. 

For most individuals, experiences of insomnia last for short periods of time, and then they subside. Persons suffering from insomnia as an ongoing issue can experience functional issues, and ultimately, it becomes a disability. Persons suffering from ongoing insomnia may be unable to perform at work and can experience a downturn in the quality of personal relationships. This is due to a drop in the capacity to concentrate, in addition to the development of mood problems. 

The purpose of treating insomnia is to assist the person afflicted with the condition in getting back to a healthy sleep cycle. This can require medication in addition to proactive efforts on behalf of the sufferer. To qualify as an insomnia disorder, the insomnia must occur at least three nights a week for a period of three months or more. This kind of evidence requires that you visit a medical provider regularly to measure your insomnia and determine the symptoms that it results in. 

The causes of insomnia are varied and can include:

• Short-term illness or pain
• Stress and other difficult situations
• Hormonal changes as a result of pregnancy, menopause, or other conditions
• Major changes in life, including death, the loss of employment, or divorce

While insomnia disorder is caused by many of the same reasons listed above, it is also supported by additional behavioral, lifestyle, and other factors, such as the following:

• Ongoing stress, which can be caused by lifestyle and other exterior issues, but also other mental health conditions such as anxiety
• Frequent naps throughout the day
• Sleeping later into the day than normal
• Laying in bed awake due to trying too hard to fall asleep
• Watching television or using electronic devices in bed
• The use of caffeine, nicotine, or alcohol too close to bedtime
• Changes in work or lifestyle that change sleep hours
• Thoughts and beliefs that one is unable to fall asleep 

Persistent difficulty sleeping 3 or more days a week for greater than a period of 3 months qualifies as an insomnia disorder and may entitle veterans to VA disability coverage. Documenting your restlessness each day, sleeping time, and how it impacts your concentration and performance at work can be helpful information to provide with your application. Journals are allowed as evidence, as are statements from friends and family who witness your symptoms firsthand. 

Can insomnia be secondary to tinnitus?

According to the VA, tinnitus is used to describe “the sounds you may hear in your ears or head when no external sound source is present.” The sufferer can experience tinnitus as a ringing, buzzing, humming, or other sound. Generally, tinnitus is only heard by the person suffering from it, which can make it difficult to diagnose and is generally subject to the personal reports provided by the veteran experiencing it. 

Tinnitus has a variety of causes, including:

• Head injuries
• Exposure to loud noises such as gunfire and explosions 
• The side effects of a variety of medicines 
• Ear wax and other ear-related medical issues 

For many individuals suffering from tinnitus, it is impossible to identify the exact cause. Additionally, there is no known cure for tinnitus, although there are treatments to improve upon the veteran’s experience without being able to make it quieter. Tinnitus is generally improved by learning how to change the person’s reaction to tinnitus by learning how to manage the condition. Outside sounds can be used to make living with tinnitus easier, with background noise helping to minimize the disturbance created by tinnitus. 

Persons suffering from tinnitus can experience the following symptoms:

• Difficulty concentrating and paying attention 
• Difficulty falling or staying asleep 

Each of these conditions negatively impacts the veteran’s ability to cognitively function while also impacting mood and irritability. Personal relationships suffer when insomnia secondary to tinnitus causes irritability and mood changes, while professional performance suffers when a veteran’s concentration suffers. 

Insomnia can develop as a result of post-traumatic stress disorder or PTSD, traumatic brain injury or TBI, military sexual trauma (MST), and other mental health conditions such as anxiety that may be primary to your service. When your insomnia is a result of another service-connected condition, it is considered to be a secondary condition, which can be added to your VA disability rating through a supplemental claim. 

Can you get disability for insomnia?

Yes. The VA provides disability coverage for veterans who suffered from illness or injury during qualifying active service. There are 3 basic criteria that must first be met to collect VA disability coverage for anything:

1. A current diagnosis of an insomnia disorder
2. Your insomnia disorder is linked to an event, injury, or illness experienced during active duty or is a result of a primary injury or illness from active service.
3. You have an expert medical opinion that your current diagnosis is linked to your qualifying military service.

The veteran must have been discharged in a status other than dishonorable, and in some instances, other qualification criteria may also need to be met. Veterans suffering from service-connected insomnia are eligible to collect disability, given the substantial impact the symptoms of insomnia disorder have on life. 

Disability benefits are available to veterans suffering from insomnia based upon their insomnia VA rating on the following scale: 

• 0 percent – The veteran has a diagnosis of an insomnia disorder that is connected to your service; however, it is not so significant that it impacts your work or daily life 
• 10 percent – At this rating, the veteran qualifies for medical coverage in addition to tax-free payments because the symptoms impact work slightly
• 30 percent – At this rating, insomnia can be managed, but it does have a more significant on the workplace productivity of the veteran
• 50 percent – The insomnia is debilitating but still manageable with limited participation in work possible 
• 70 percent – At this rating, the veteran is nearly debilitating occupationally and socially, but he or she is still able to perform some essential daily functions without assistance 
• 100 percent – The insomnia causes complete and total impairment in terms of both social and occupational functioning 

Connect with a VA Disability Attorney for Assistance with Your Insomnia Appeal or Supplemental Claim

The time to reach out to a VA disability lawyer for help with your insomnia VA rating is when your initial application has been denied or if you need to file a supplemental claim. Your initial VA disability claim can be processed with the assistance of free help from the VA, and VA-accredited attorneys are not allowed to charge fees during the initial application process. When we can help and be of substantial value in terms of the outcome of your claim is when you need to appeal a denial, add insomnia to your claim, or change your VA disability rating for insomnia because your condition has worsened. 

Your initial consultation is free, and if we are able to take your claim, we only get paid if we win. Reach out now for your risk-free, cost-free consultation to get started.