SoP LibrarySleep apnoea

Statement of Principles

Sleep apnoea — DVA SoP factors

Every factor in the Repatriation Medical Authority Statements of Principles for Sleep apnoea. DVA can only accept a claim for Sleep apnoea if at least one of these factors is met and connected to your service. Reasonable Hypothesis (RH) applies to operational service; Balance of Probabilities (BoP) applies to peacetime service.

Source: Repatriation Medical Authority Statements of Principles as held by the Veterans Health Centre. SoPs are amended and replaced regularly; always confirm the current instrument at rma.gov.au before relying on it.

Sleep apnoea

RH No. 68 of 2022 · BoP No. 69 of 202238 factors

Meaning of sleep apnoea: For the purposes of this Statement of Principles, sleep apnoea: (a) means chronic sleep-related disordered breathing characterised by periods of cessation or reduction in airflow in the upper airway, leading to arousals from sleep and disrupted sleep architecture, which has been diagnosed by a specialist physician; and (b) includes: (i) central sleep apnoea; (ii) mixed sleep apnoea; and (iii) obstructive sleep apnoea.

Reasonable Hypothesis (RH) — Statement of Principles No. 68 of 2022

At least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting sleep apnoea or death from sleep apnoea with the circumstances of a person's relevant service:

  1. (1)
    having heart failure at the time of the clinical onset of sleep apnoea;
  2. (2)
    having a central nervous system lesion or disorder from the specified list of central nervous system lesions or disorders at the time of the clinical onset of sleep apnoea;

    Note: specified list of central nervous system lesions or disorders is defined in the Schedule 1 - Dictionary.

  3. (3)
    having autonomic neuropathy at the time of the clinical onset of sleep apnoea;

    Note: autonomic neuropathy is defined in the Schedule 1 - Dictionary.

  4. (4)
    having chronic renal failure at the time of the clinical onset of sleep apnoea;

    Note: chronic renal failure is defined in the Schedule 1 - Dictionary.

  5. (5)
    having a neuromuscular disease affecting the diaphragm, other respiratory muscles or upper airway muscles at the time of the clinical onset of sleep apnoea;

    Note: Examples of a neuromuscular disease affecting the diaphragm, other respiratory muscles or upper airway muscles include myasthenia gravis, postpolio syndrome and motor neurone disease.

    Note: upper airway is defined in the Schedule 1 - Dictionary.

  6. (6)
    having acromegaly at the time of the clinical onset of sleep apnoea;

    Note: acromegaly is defined in the Schedule 1 - Dictionary.

  7. (7)
    taking an antipsychotic drug for at least the 2 months before the clinical onset of sleep apnoea;
  8. (8)
    for obstructive sleep apnoea only: (a) having hypothyroidism, including Hashimoto thyroiditis that has resulted in hypothyroidism, at the time of the clinical onset of obstructive sleep apnoea; (b) having chronic obstruction or chronic narrowing of the upper airway at the time of the clinical onset of obstructive sleep apnoea; (c) being obese at the time of the clinical onset of obstructive sleep apnoea; (d) being in a supine position when sleeping for at least the 6 months before the clinical onset of obstructive sleep apnoea; or (e) taking protease inhibitors as antiretroviral drugs for human immunodeficiency virus infection before the clinical onset of obstructive sleep apnoea;

    Note: upper airway is defined in the Schedule 1 - Dictionary.

    Note: being obese is defined in the Schedule 1 - Dictionary.

    Note: obstructive sleep apnoea is defined in the Schedule 1 - Dictionary.

  9. (9)
    for central sleep apnoea only, taking a long-acting opioid at an average daily morphine equivalent dose of at least 75 milligrams for at least the 2 months before the clinical onset of central sleep apnoea;

    Note: central sleep apnoea and long-acting opioid are defined in the Schedule 1 - Dictionary.

  10. (10)
    having heart failure at the time of the clinical worsening of sleep apnoea;
  11. (11)
    having a central nervous system lesion or disorder from the specified list of central nervous system lesions or disorders at the time of the clinical worsening of sleep apnoea;

    Note: specified list of central nervous system lesions or disorders is defined in the Schedule 1 - Dictionary.

  12. (12)
    having autonomic neuropathy at the time of the clinical worsening of sleep apnoea;

    Note: autonomic neuropathy is defined in the Schedule 1 - Dictionary.

  13. (13)
    having chronic renal failure at the time of the clinical worsening of sleep apnoea;

    Note: chronic renal failure is defined in the Schedule 1 - Dictionary.

  14. (14)
    having a neuromuscular disease affecting the diaphragm, other respiratory muscles or upper airway muscles at the time of the clinical worsening of sleep apnoea;

    Note: Examples of a neuromuscular disease affecting the diaphragm, other respiratory muscles or upper airway muscles include myasthenia gravis, postpolio syndrome and motor neurone disease.

    Note: upper airway is defined in the Schedule 1 - Dictionary.

  15. (15)
    having acromegaly at the time of the clinical worsening of sleep apnoea;

    Note: acromegaly is defined in the Schedule 1 - Dictionary.

  16. (16)
    consuming an average of at least 30 grams of alcohol per day for at least the 6 months before the clinical worsening of sleep apnoea;

    Note: Alcohol consumption is calculated utilising the Australian Standard of 10 grams of alcohol per standard alcoholic drink.

  17. (17)
    taking an antipsychotic drug for at least the 2 months before the clinical worsening of sleep apnoea;
  18. (18)
    for obstructive sleep apnoea only: (a) having hypothyroidism, including Hashimoto thyroiditis that has resulted in hypothyroidism, at the time of the clinical worsening of obstructive sleep apnoea; (b) having chronic obstruction or chronic narrowing of the upper airway at the time of the clinical worsening of obstructive sleep apnoea; (c) being obese at the time of the clinical worsening of obstructive sleep apnoea; (d) being a supine position when sleeping for at least the 6 months before the clinical worsening of obstructive sleep apnoea; or (e) taking protease inhibitors as antiretroviral drugs for human immunodeficiency virus infection before the clinical worsening of obstructive sleep apnoea;

    Note: upper airway is defined in the Schedule 1 - Dictionary.

    Note: being obese is defined in the Schedule 1 - Dictionary.

    Note: obstructive sleep apnoea is defined in the Schedule 1 - Dictionary.

  19. (19)
    for central sleep apnoea only, taking a long-acting opioid at an average daily morphine equivalent dose of at least 75 milligrams for at least the 2 months before the clinical worsening of central sleep apnoea;

    Note: central sleep apnoea and long-acting opioid are defined in the Schedule 1 - Dictionary.

  20. (20)
    inability to obtain appropriate clinical management for sleep apnoea;

Aggravation-only factors: the factors in subsections 9(10) to 9(20) apply only to material contribution to, or aggravation of, the condition where it was suffered or contracted before or during (but did not arise out of) the person’s relevant service.

Balance of Probabilities (BoP) — Statement of Principles No. 69 of 2022

18 factors

At least one of the following factors must exist before it can be said that, on the balance of probabilities, sleep apnoea or death from sleep apnoea is connected with the circumstances of a person's relevant service:

  1. (1)
    having heart failure at the time of the clinical onset of sleep apnoea;
  2. (2)
    having a central nervous system lesion or disorder from the specified list of central nervous system lesions or disorders at the time of the clinical onset of sleep apnoea;

    Note: specified list of central nervous system lesions or disorders is defined in the Schedule 1 - Dictionary.

  3. (3)
    having autonomic neuropathy at the time of the clinical onset of sleep apnoea;

    Note: autonomic neuropathy is defined in the Schedule 1 - Dictionary.

  4. (4)
    having chronic renal failure at the time of the clinical onset of sleep apnoea;

    Note: chronic renal failure is defined in the Schedule 1 - Dictionary.

  5. (5)
    having a neuromuscular disease affecting the diaphragm, other respiratory muscles or upper airway muscles at the time of the clinical onset of sleep apnoea;

    Note: Examples of a neuromuscular disease affecting the diaphragm, other respiratory muscles or upper airway muscles include myasthenia gravis, postpolio syndrome and motor neurone disease.

    Note: upper airway is defined in the Schedule 1 - Dictionary.

  6. (6)
    having acromegaly at the time of the clinical onset of sleep apnoea;

    Note: acromegaly is defined in the Schedule 1 - Dictionary.

  7. (7)
    for obstructive sleep apnoea only: (a) having hypothyroidism, including Hashimoto thyroiditis that has resulted in hypothyroidism, at the time of the clinical onset of obstructive sleep apnoea; (b) having chronic obstruction or chronic narrowing of the upper airway at the time of the clinical onset of obstructive sleep apnoea; (c) being obese at the time of the clinical onset of obstructive sleep apnoea; or (d) Being in a supine position when sleeping for at least the 6 months before the clinical onset of obstructive sleep apnoea;

    Note: upper airway is defined in the Schedule 1 - Dictionary.

    Note: being obese is defined in the Schedule 1 - Dictionary.

    Note: obstructive sleep apnoea is defined in the Schedule 1 - Dictionary.

  8. (8)
    for central sleep apnoea only, taking a long-acting opioid at an average daily morphine equivalent dose of at least 120 milligrams for at least the 2 months before the clinical onset of central sleep apnoea;

    Note: central sleep apnoea and long-acting opioid are defined in the Schedule 1 - Dictionary.

  9. (9)
    having heart failure at the time of the clinical worsening of sleep apnoea;
  10. (10)
    having a central nervous system lesion or disorder from the specified list of central nervous system lesions or disorders at the time of the clinical worsening of sleep apnoea;

    Note: specified list of central nervous system lesions or disorders is defined in the Schedule 1 - Dictionary.

  11. (11)
    having autonomic neuropathy at the time of the clinical worsening of sleep apnoea;

    Note: autonomic neuropathy is defined in the Schedule 1 - Dictionary.

  12. (12)
    having chronic renal failure at the time of the clinical worsening of sleep apnoea;

    Note: chronic renal failure is defined in the Schedule 1 - Dictionary.

  13. (13)
    having a neuromuscular disease affecting the diaphragm, other respiratory muscles or upper airway muscles at the time of the clinical worsening of sleep apnoea;

    Note: Examples of a neuromuscular disease affecting the diaphragm, other respiratory muscles or upper airway muscles include myasthenia gravis, postpolio syndrome and motor neurone disease.

    Note: upper airway is defined in the Schedule 1 - Dictionary.

  14. (14)
    having acromegaly at the time of the clinical worsening of sleep apnoea;

    Note: acromegaly is defined in the Schedule 1 - Dictionary.

  15. (15)
    consuming an average of at least 30 grams of alcohol per day for at least the 6 months before the clinical worsening of sleep apnoea;

    Note: Alcohol consumption is calculated utilising the Australian Standard of 10 grams of alcohol per standard alcoholic drink.

  16. (16)
    for obstructive sleep apnoea only: (a) having hypothyroidism, including Hashimoto thyroiditis that has resulted in hypothyroidism, at the time of the clinical worsening of obstructive sleep apnoea; (b) having chronic obstruction or chronic narrowing of the upper airway at the time of the clinical worsening of obstructive sleep apnoea; (c) being obese at the time of the clinical worsening of obstructive sleep apnoea; or (d) Being in a supine position when sleeping for at least the 6 months before the clinical worsening of obstructive sleep apnoea;

    Note: upper airway is defined in the Schedule 1 - Dictionary.

    Note: being obese is defined in the Schedule 1 - Dictionary.

    Note: obstructive sleep apnoea is defined in the Schedule 1 - Dictionary.

  17. (17)
    for central sleep apnoea only, taking a long-acting opioid at an average daily morphine equivalent dose of at least 120 milligrams for at least the 2 months before the clinical worsening of central sleep apnoea;

    Note: central sleep apnoea and long-acting opioid are defined in the Schedule 1 - Dictionary.

  18. (18)
    inability to obtain appropriate clinical management for sleep apnoea;

Aggravation-only factors: the factors in subsections 9(9) to 9(18) apply only to material contribution to, or aggravation of, the condition where it was suffered or contracted before or during (but did not arise out of) the person’s relevant service.

A VHC Diagnostic Assessment addresses each of these factors one by one against your service record and clinical history. See how a VHC DVA claim works, see all fees ($600 + GST per stage) or book an appointment.

About Dr Thomas Perkins

One doctor. Every report.

Founding doctor of the Veterans Health Centre in Ipswich, Queensland, and one of Australia's most experienced practitioners in veterans' medicolegal medicine.

Dr Perkins has spent more than thirteen years working exclusively with current and former ADF members — treating their conditions, writing their reports and navigating the DVA system alongside them. With over 100,000 claims submitted and 2,000 Permanent Impairment Assessments completed, he has seen precisely what separates an accepted claim from a rejected one at every level, from initial liability to the Veterans' Review Board.

Every chart review, diagnostic assessment, impairment rating and appeal that leaves this clinic is personally overseen by Dr Perkins. No template, no locum, no hand-off.

0429 146 039 reception@vhc.org.au

Book appointment