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20% Disability Raised To 60% On Ab8 Before Receiving Disability Decision

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I filed for an increase in my allerghic rhinitis (0% SC), re-opened claim for sleep apnea w/CPAP in April 2012. Both were claimed on my initial claim in 2007 (received 10% for an tear in a disc in my back and 10% for a badly strained rt shoulder). Sleep apnea was denied 2 times previously. The claim process got all the way to decision notification phase and was sent back to review of evidence but the letter was updated. It seems like I won my claim but I am wondering as well, how far back would the retro pay go since the effective date of my AB8 states May 1, 2012 which is the month after my claim was filed. Would I get paid from the date of my medical evidence (2007) or the effective date and is that why it possibly was sent back for additional review? Any help would be greatly appreciated. Thank you in advance.

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Nice! Thank you for that additional information. The doctors at the VA tried anxiety pills, mouth pieces and then decided the CPAP would be the best option for me. This was all done between 2008-2009. The sleep apnea was diagnosed in 08 and CPAP given in 09 after a second study was done, if I recall correctly.

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now that I read your previous post, I may have been mistaken about the presumptive. I see where they list all of the presumptives and sleep apnea is not on it.

Your newly submitted buddy statements may have supplied the nexus of your current condition and service. If that is the case then I go back to my original guess that the effective date will be when you submitted the new evidence.

You will have to wait and see. Just like the rest of us.

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I got my Brown Envelope today and was excited to see that they gave me 50% for sleep apnea w/CPAP but was disappointed that they only paid retro back to the date of my claim. I am going to file the NOD because if it was service connected it should go back to my first filed claim, right? Am I screwed because this was a re-open of the claim with new evidence? Any help would be appreciated again.

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I am going to file the NOD .... To be honest, I don't think that this NOD would be successful. However, it is your right to appeal if you want to.

... if it was service connected it should go back to my first filed claim, right? Not necessarily.

Am I screwed because this was a re-open of the claim with new evidence? I don't know that I'd say you were screwed at all.

You filed a claim in 2009 that was denied on two bases: Direct and Presumptive; that claim became finalized because you did not continuously 'prosecute' your claim.

In 2012, you filed to reopen your claim with New and Material Evidence.

Based on that evidence, service connection was granted.

In this case, the effective date would be per the opening paragraph of 38 CFR 3.400 http://www.benefits....ART3/S3_400.DOC

I got my Brown Envelope today and was excited to see that they gave me 50% for sleep apnea w/CPAP but was disappointed that they only paid retro back to the date of my claim. I am going to file the NOD because if it was service connected it should go back to my first filed claim, right? Am I screwed because this was a re-open of the claim with new evidence? Any help would be appreciated again.

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