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


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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Did you appeal the 2007 denials? Or, did you re-open your sleep apnea claim with new and material evidence?

If you did not appeal then your effective date would be when you re-opened the claim. The only way this will not be the case is if your original denial was because they could not find your SMR's and denied you because there was no inservice occurance of your sleep apnea. Then if they later found your SMR's you could go back to 2007.

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I was given 0% SC in 2007 for allergic rhinitis and requested an increase on this current claim. Also, I was denied SC for OSA w/CPAP in 2007, 2009. I re-opened it with new material evidence in 2012. So I am just wondering if its possible that one of those will be retro to my initial 2007 claim. It looks like I was approved for one or both since my AB8 now states 60%.

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I'm guessing here but it looks like you got 50% OSA and 0% rhinitis. With your previous two 10% conditions that would make 60% in va math. The OSA will go back to when you submitted new evidence. Good work. You should be proud that you were able to get them to connect the OSA. Was it secondary to rhinitis?

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Yes. That is what I filed it as this time. Is it also possible that rhinitis was also approved by VA Math? I have no idea how they do their calculations...Lol

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50% OSA

10% back

10% Shoulder

starting at 100%

100% X .5 for OSA = 50% rating and leaves 50% still ok

50% X .1 for back = 5% rating and leaves 45% still ok

45% X .1 for shoulder = 4.5% rating and leaves 41.5% still ok

total rating 59.5 rounded to 60% leaves 41.5% still ok

You may have recieved a rating for rhinitis but it can't be more than 10% and still be combined rating of 60%.

If you got 20% for rhinitis then you would be 70% total.

your remaning 41.5% X .2 = 8.3 + 59.5 = 67.8 rounded to 70%

There is a calculator here on hadit that worke really well. It would help further explain VA Math:)

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