Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Sleep Apnea And Asthma Combined


chiefhouse00

Question

Greetings

I was first rated at 30% for asthma in 2000 and service-connected for sleep apnea in 2005. The VA combined both service-connected aliments and rated it at 50%. I submitted a NOD and now I have to submit a SOC to continue my appealed. I don't want to tie up the system if what I'm doing is not the right thing to do. I still take meds for asthma and use the cpap machine for sleep apnea. Both aliments shold be rated separately and not combined. Should I persue this SOC or let it go?

Best Regards

Chiefhouse :D

Link to comment
Share on other sites

  • Answers 10
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

Statement of Case is what the VA has to say about your claim. You want to file a NOD Notice of disagreement. You should do that and also a Form 9 which is a Form they want that says you disagree.

Looks to me like you have a winner why not go for it?

Link to comment
Share on other sites

  • HadIt.com Elder

Chiefhouse,

If I'm not mistaken, asthma and sleep Apnea cannot be rated seperatley, by law, due to pyrmiading, as they both cover the same etiology.

A Statement of the Case (SOC) is generated by the VARO when they agree with their previous rating decision. If you want to continue the appeals process, you have 60 days to respond to the SOC with either the VA Form 9, or you can submit "new" evidence. If you submit new evidence, meaning evidence the VA wasn't aware of when they made their prior decision, it will prompt the VA to either grant the beneift sought, or issue a Supplemental Statement of the Case (SSOC) further denying your appeal.

If my assesment is correct about the two conditions and pyrmiading, then there is no basis for an appeal. Maybe someone else with more knowledge of these two can chime in.

Vike 17

Link to comment
Share on other sites

Greetings

I will not pursue this any further because both aliments are so closely related and falls under the pyramiding clause according to the VA. Thanks for the feedback.

Best Regards

Chiefhouse :D

Link to comment
Share on other sites

  • HadIt.com Elder

If you have already submitted a Form 9 and sent in additional evidence after that, and the C-file is still at the RO, the RO must evaluate the new evidence and either grant the benefit sought or issue a SSOC. The only way the RO will send your case to the BVA without evaluating the new evidence before is if you specifically write the RO and waive the RO's jurisdication in the matter.

Vike 17

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
  • Ads

  • Ads

  • Ads

  • Our picks

  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • How to get your questions answered...

    question-001.jpeg

    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

    Leading to:

    Post clear questions and then give background info on them.

    Examples:

    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines