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December 17, 2018 - Message from the Special Master regarding Obstructive Sleep Apnea claims.

Updated: Jun 13, 2019

The VCF has recently provided updated guidance on how it will treat claims for Obstructive Sleep Apnea. Effective December 14, 2018, the Fund will give greater scrutiny to claims regarding use of a CPAP machine.  Specifically, the highest awards will be reserved for individuals who can establish that:

(a) the claimant's condition is severe over time and has a significant impact on the activities of daily living; (b) the condition requires consistent and ongoing CPAP use as prescribed by a doctor; and (c) that a CPAP is, in fact, used by the claimant on a consistent and ongoing basis, or there is medical evidence documenting both that the claimant cannot tolerate the use of the CPAP and that the inability to use the device exacerbates the effects of the condition on the claimant's daily life.

We would like to take this opportunity to remind our clients that they should prepare impact statements describing their use of a CPAP, along with any ill-effects they experience affecting their quality of life.  Our clients should also be prepared to document ongoing use of a CPAP machine over time by providing a "compliance report" covering a period of several months.