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Can Asthma And Sleep Apnea Be Considered Pyramiding?

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Vync

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  • Content Curator/HadIt.com Elder

Can asthma and sleep apnea be considered pyramiding?

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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  • Content Curator/HadIt.com Elder

That's what I thought. I tried to explain it to my DAV rep, but he insisted pyramiding would apply.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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I do not definatively know, but....

I would think they are not subject to pyramiding rules since they are in seperate sub sections of the rating schedule. My Spinal rating, does not preculed a rating for a knee or a ankle while both are in the same section of the VASARD but they are different sub-sections. COPD and Asthma are in the same subsection so I would think you shouldn't have a seperate rating for both of them. wheras COPD and Sleep apneas are in entirely different subsections and mechanisms of disability(the way they affect or cause occupational impairment).

It is an interesting question.

Best regards,

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  • HadIt.com Elder

No they cannot and should not be associated.

If you want proof, look up some BVA decisions to reaearch and you will get official answers.

J

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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I studied this issue since I have asthma, sleep apnea , and copd.... and

While there are a handful of BVA cases awarding seperate ratings for these problems.. most claims for seperate awards are denied.

It is also true that the paragraph concering pyramiding of these diseases is vague, and can be read for or against the award of seperate rating as has been proven over and over again at the BVA level and likey at the regional offices.

Finally, what you are going to need to show is that one is secondary to the other, or that they are actually seperate diseases not related to each other before you get a seperate rating. You will also likely need an active duty diagnosis of each disease if one was not diagnosed on active duty.

In my case, I was diagnosed with sleep apnea 3 or 4 years ago, I started to put a claim together for a seperate rating but no doctor that I can find military. VA or private for that matter will write a statement saying it is a secondary condition of either Asthma or Copd. Further, while I know I had apnea on active duty, because my wife used to wake me up in the middle of the night when I stopped breathing.. there is no diagnosas of it in my records, of course back in the 70's -80's it didn't have a name.. so that might be argued... Also while it is acknlwledged in medical books, the diseases do overlap... there has been no true consenses that one cause the other...

In my case,since I am prescribed a cpap I would try to get it service connected but only if I can get an IMO and so far I have not been able to do so.

Also, in my case I am already rated 100% and unless I get another 100% rating I would not get any more compensation anyway since I already have A&A and a K award.....So for me it would be a matter of principle If I actually submitted a claim.....

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