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    • I was granted 30% last year and paid retroactive disability pay to when I started my claim. I submitted my dependent status form for my wife and 2 kids immediately after my notification, through the mail. I never received a response about it and when I called the VA after 6 months of waiting, they told me it could take up to 12 months or longer to process and receive it, that I would get a notification letter when they finalized it. I called back again after recently and I was told to wait, at which point I asked for a little more help than that, I was forwarded to a woman that looked me up in the system and said the VA never received the form and that since it had been longer than 12 months after my claim approval, that I can not receive the retroactive pay for my dependants (which I've had my entire Army career), and I will only receive the additional amount from the moment I submit it through mail again or through ebenefits...I had no idea I could do it through that website. I did it online and started getting what I should have the next month. Is there a way to receive the money that was entitled to me the entire time since I did my part and they messed up? The VA is sticking to their story that they never received a form from me, I 100% for sure sent it, I didn't even get a packet explaining my disability compensation conclusions...just a letter saying I'll be getting a 30% rating. Thanks in advance.
    • Hello! I recently retired from the Coast Guard in July and had already submitted my claim application for disability.  I submitted a lot of medical records up with my claim.  A few weeks after I officially retired, someone from the local district contacted me to set up my exams.  However, at the time I was traveling and was not able to make the dates they had set up.  I was told that my exams were going to be cancelled and that I should call the national number and have my exams rescheduled.  Well, a couple weeks later, when I got back from traveling, I received a decision on my claim with a 50% rating for sleep apnea and a 0% rating each for my ankle and both hips.  All the other 22 items I listed on my claim application were not rated due to "no service connection" even though I submitted medical documentation with the application.  So my question is, how do I proceed with my appeal?  Should I go to a civilian doctor and get more documentation or should I go to the VA medical clinic?  I believe the reason I was rated so low was due to missing the exams.  I appreciate any advice anyone can give me.  Thank you!   Josh 
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slowhand197

Asthma And Sleep Apnea

7 posts in this topic

I have a 30% SC rating for Asthma. I filed a claim for sleep apnea will they just give me 50% for apnea and 0 for Asthma as they are both one system or will they add them together??

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I have a 30% SC rating for Asthma. I filed a claim for sleep apnea will they just give me 50% for apnea and 0 for Asthma as they are both one system or will they add them together??

You will receive one combined rating usually under the more serious condition.

Title 38:

§4.96 Special provisions regarding evaluation of respiratory conditions.

(a) Rating coexisting respiratory conditions. Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 will not be combined with each other. Where there is lung or pleural involvement, ratings under diagnostic codes 6819 and 6820 will not be combined with each other or with diagnostic codes 6600 through 6817 or 6822 through 6847. A single rating will be assigned under the diagnostic code which reflects the predominant disability with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. However, in cases protected by the provisions of Pub. L. 90-493, the graduated ratings of 50 and 30 percent for inactive tuberculosis will not be elevated.

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Thanks Rick,

now I have to figure if its worth it to NOD it. They said it was not from the service but thats not what I put in for. I put in for secondary service connection with a not to good acnexis letter from my doctor.

You will receive one combined rating usually under the more serious condition.

Title 38:

§4.96 Special provisions regarding evaluation of respiratory conditions.

(a) Rating coexisting respiratory conditions. Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 will not be combined with each other. Where there is lung or pleural involvement, ratings under diagnostic codes 6819 and 6820 will not be combined with each other or with diagnostic codes 6600 through 6817 or 6822 through 6847. A single rating will be assigned under the diagnostic code which reflects the predominant disability with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. However, in cases protected by the provisions of Pub. L. 90-493, the graduated ratings of 50 and 30 percent for inactive tuberculosis will not be elevated.

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New to this forum - reading on Sleep Apnea. I cannot wrap my brain around exactly what the "disability" is. I mean, is it VA disability (who will pay me around $500 a month), or is it service disability, which means 50% of my retirement pay (I have 20 years) will be tax free.

Help me!

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New to this forum - reading on Sleep Apnea. I cannot wrap my brain around exactly what the "disability" is. I mean, is it VA disability (who will pay me around $500 a month), or is it service disability, which means 50% of my retirement pay (I have 20 years) will be tax free.

Help me!

Rik62.

Unless you can prove a connection between your sleep apnea and one of the qualifying factors for

CRSC, you would not be entitled to tax-free CRSC.

If the your total disability using VA math equals 50 percent or more, you would be eligible for CRDP. If your disability is less than 50 percent, you would receive that percent of disability compensation from the VA, but a like amount would be "offset" from your military retirement pay.

Ron

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You will receive one combined rating usually under the more serious condition.

Title 38:

§4.96 Special provisions regarding evaluation of respiratory conditions.

(a) Rating coexisting respiratory conditions. Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 will not be combined with each other. Where there is lung or pleural involvement, ratings under diagnostic codes 6819 and 6820 will not be combined with each other or with diagnostic codes 6600 through 6817 or 6822 through 6847. A single rating will be assigned under the diagnostic code which reflects the predominant disability with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. However, in cases protected by the provisions of Pub. L. 90-493, the graduated ratings of 50 and 30 percent for inactive tuberculosis will not be elevated.

From BVA Citation Nr: 0610557

"The RO found that 38 C.F.R. § 4.96 bars the assignment of a

separate rating for the asthma condition apart from the sleep

apnea condition. However, that provision states that ratings

under Diagnostic Codes 6600 through 6817 will not be combined

with each other. That provision also states that ratings

under Diagnostic Codes 6822 through 6847 will not be combined

with each other. The two specified ranges of diagnostic

codes are stated in the disjunctive and thus, the provision

does not automatically prohibit the assignment of a rating

under Diagnostic Codes 6600 through 6604 in addition to the

assignment of a rating under Diagnostic Codes 6822 through

6847."

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