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Reuest For Increas

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yelloownumber5

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Hi,

Back in 2008 I requested an increased on my Service Conencted GERD. I did list the reasons why and one reason was the GERD is aggravating my Sleep Apnea. I don't remember how I worded this but I'm looking for the paperwork right now.

Anyhow, the RO sent a denial for Sleep Apnea dated 11 Sept 2008, it is a concern for me because I do not remember sending an informal claim nor any intent in filing for Sleep Apnea at this time but I will in the future.

I will post the verbage of the letter when I find it

What should I do.

thanks in advance.

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Whatever you do, don't let the time for filiing a NOD (1 year) get away from you.

What did the RO say in the decision? Was his/her assumption that by mentioning Sleep Apnea in relation to your GERD request that constituted a claim for SA? Seems like a reach to me, but I guess it could depend on the wording of the request.

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Yellow,

If you can't find that letter go see your VSO and get them to get your C-file and get that letter.

Sounds like an important letter. Do your remember getting it and can you remember anything about what was in it?

If you don't get a copy somehow better just file an NOD to be on the safe side even if its just submitting a letter indicating your appeal.

Frank

[

quote name='yelloownumber5' date='Jul 21 2009, 07:22 AM' post='155779']

Hi,

Back in 2008 I requested an increased on my Service Conencted GERD. I did list the reasons why and one reason was the GERD is aggravating my Sleep Apnea. I don't remember how I worded this but I'm looking for the paperwork right now.

Anyhow, the RO sent a denial for Sleep Apnea dated 11 Sept 2008, it is a concern for me because I do not remember sending an informal claim nor any intent in filing for Sleep Apnea at this time but I will in the future.

I will post the verbage of the letter when I find it

What should I do.

thanks in advance.

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When you received your Duty to Assist Letter what conditions did they list? If you stated that your want to claim GERD was aggervating your Sleep Apnea, then that is a claim for Sleep Apnea. If you state that you Sleep apnea is aggervating your GERD, then that is a claim for increase. Look at your DTA. You can still clarify the intent of your request.

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Hi,

Back in 2008 I requested an increased on my Service Conencted GERD. I did list the reasons why and one reason was the GERD is aggravating my Sleep Apnea. I don't remember how I worded this but I'm looking for the paperwork right now.

Anyhow, the RO sent a denial for Sleep Apnea dated 11 Sept 2008, it is a concern for me because I do not remember sending an informal claim nor any intent in filing for Sleep Apnea at this time but I will in the future.

I will post the verbage of the letter when I find it

What should I do.

thanks in advance.

The way I read the post yellow is referring to:

http://ecfr.gpoaccess.gov/cgi/t/text/text-...118&idno=38

§ 3.310 Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.

(b) Aggravation of nonservice-connected disabilities.

Any increase in severity of a nonservice-connected disease or injury that is proximately due to or the result of a service-connected disease or injury, and not due to the natural progress of the nonservice-connected disease, will be service connected.

However, VA will not concede that a nonservice-connected disease or injury was aggravated by a service-connected disease or injury unless the baseline level of severity of the nonservice-connected disease or injury is established by medical evidence created before the onset of aggravation or by the earliest medical evidence created at any time between the onset of aggravation and the receipt of medical evidence establishing the current level of severity of the nonservice-connected disease or injury.

The rating activity will determine the baseline and current levels of severity under the Schedule for Rating Disabilities (38 CFR part 4) and determine the extent of aggravation by deducting the baseline level of severity, as well as any increase in severity due to the natural progress of the disease, from the current level.

(Authority: 38 U.S.C. 1110 and 1131)

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Thanks and here is the verbage and the denial

Subj: re-opening claims/review of service connection of GERD

(I explained of my current problems)

Diagnosed with Barrett's Esophagus

Increased throwing up

problems swallowing

checst pain

heartburn

shortness of breath

(The only thing mentioning sleep apnea)

I have also been diagnosed with sleep apnea in which the GED affects my health due to not allowing me to wear my continuous positive airway pressure (CPAP) also affecting my bloop pressure.

(This was the reuqest for an increase of GERD only and I only enclosed GERD related documents)

On 7/24/08 the RO addressed it as "we are working on your applicatiojn for service connected compensation for GERD, sleep apnea and high blood pressure"

9/11/2008

"Service connection for sleep apnea is denied

Your service treatment records show did not evidence of treatment for or a diagnosis of sleep apnea during your military service"

I did not send an informal claim for sleep apnea nor a formal claim, however,I did say the GERD affects my sleep apnea treatment. I am concerned and trying to find out what to do because I want to file a sleep apnea claim in the furture.

thanks

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The way I read the post yellow is referring to:

§ 3.310 Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.

(:angry:Aggravation of nonservice-connected disabilities.

Any increase in severity of a nonservice-connected disease or injury that is proximately due to or the result of a service-connected disease or injury, and not due to the natural progress of the nonservice-connected disease, will be service connected.

However, VA will not concede that a nonservice-connected disease or injury was aggravated by a service-connected disease or injury unless the baseline level of severity of the nonservice-connected disease or injury is established by medical evidence created before the onset of aggravation or by the earliest medical evidence created at any time between the onset of aggravation and the receipt of medical evidence establishing the current level of severity of the nonservice-connected disease or injury.

The rating activity will determine the baseline and current levels of severity under the Schedule for Rating Disabilities (38 CFR part 4) and determine the extent of aggravation by deducting the baseline level of severity, as well as any increase in severity due to the natural progress of the disease, from the current level.

(Authority: 38 U.S.C. 1110 and 1131)

Carlie,

So what impact will this have onme when I want to file for service connection of sleep apnea? I did not try to claim nor ask for assistance with a claim for sleep apnea. My year time to NOD it and file the form 9 is almost there. I did not submit any documentation concerning sleep apnea because again I wasn't asking to claim it. I do have some documentation of the sleep apnea but probably not enough for approval, so what should I do? Should I send it in and just NOD it? I have sleep issues in my SMR but will need an IMO.

Thanks

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