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chiefhouse00

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I believe that I may have ask this question before...my mind is slipping, but here it is again. I was rated at 30% for Asthma about five years ago. This year, I opened a new claim for Sleep Apnea and it was approved as service connected. But both service connected aliments were combined and rated under Sleep Apnea at 50%. Should that have occurred? I'm still taking the same meds for asthma and using the c-pap machine for asthma. Anyway, I submitted a NOD on that decision and request that each aliment be rated separately. Did I do the right thing or was the VA correct in their rating decision. I'm currently rated at 70%.

Best Regards

Chiefhouse

B)

Edited by chiefhouse00

Best Regards

Chiefhouse

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Chief- was the sleep apnea service connected as secondary to the asthma?

If so that decision might be right-

But what concerns me on many decisions is that the disablity could have increased since filing the initial claim- and depending on what med evidence VA has-

they could award on a claim that is 2 years old but in those 2 years the disability could have increased and these additional treatment records or medication changes (that could have pronounced affect on you)have not been called to their attention.

WHat I mean is say vet files PTSD claim in 2003. They award 30% in 2005.

Say in 2004 he not only got changed to stronger PTSD meds, the meds affected his employability.

Also he was in the inhouse PTSD program in 2004 and had also lost his job due to PTSD problems.

Without a good SO or help from someone-a vet could assume that all of his updated med records follow his C file trail and that VA will award based on them all.

Many records such as the PTSD program never go into the c file-

even if the vet gets the 100% temp check-

there is good chance that these actual records from the hosp as well as medication profile are not in the c file- and if they are- they have not been updated or referred to by the vet for a proper award.

Looking at ones c file first is the best thing a vet can do when they file a claim.

Or getting a copy of it-

In your case -does the rating actually reflect your disability now or what it was when you filed the claim.

We often have to tell them what is what like they are 10 years old. They are flipping through our med recs-mosh kosh (old Marine words meaning fast as can be) and it can help them and the vet tremendously to send them copies of highlighted and updated med recs and other things that support the claim.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Chief- was the sleep apnea service connected as secondary to the asthma?

If so that decision might be right-

But what concerns me on many decisions is that the disablity could have increased since filing the initial claim- and depending on what med evidence VA has-

they could award on a claim that is 2 years old but in those 2 years the disability could have increased and these additional treatment records or medication changes (that could have pronounced affect on you)have not been called to their attention.

WHat I mean is say vet files PTSD claim in 2003. They award 30% in 2005.

Say in 2004 he not only got changed to stronger PTSD meds, the meds affected his employability.

Also he was in the inhouse PTSD program in 2004 and had also lost his job due to PTSD problems.

Without a good SO or help from someone-a vet could assume that all of his updated med records follow his C file trail and that VA will award based on them all.

Many records such as the PTSD program never go into the c file-

even if the vet gets the 100% temp check-

there is good chance that these actual records from the hosp as well as medication profile are not in the c file- and if they are- they have not been updated or referred to by the vet for a proper award.

Looking at ones c file first is the best thing a vet can do when they file a claim.

Or getting a copy of it-

In your case -does the rating actually reflect your disability now or what it was when you filed the claim.

We often have to tell them what is what like they are 10 years old. They are flipping through our med recs-mosh kosh (old Marine words meaning fast as can be) and it can help them and the vet tremendously to send them copies of highlighted and updated med recs and other things that support the claim.

Greetings

I filed the initial claim for sleep apnea as an undiagnosed and untreated stand-alone service connected aliment. It was first denied but later approved after I filed the NOD with more supporting data. Yes, I'm glad that my sleep apnea condition was approved but not happy that it was not rated separately.

Best Regards

Chiefhouse B)

Best Regards

Chiefhouse

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  • In Memoriam

Chief –

File an NOD on that one: diseases subject to separate diagnostic codes, as in the case of sleep apnea and asthma, that cause different disabilities are entitled to be rated separately. That is, if running out of breath does not cause premature awakening but is neurological or physiological in origin.

Alex

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