Sleep Apnea And Asthma Combined

[chiefhouse00]

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

[Berta]

Right-

I responded to an SSOC with the evidence they had for over a year but still refused to consider- my 2000 buck IMO and a short -powerful IMO statement from a VA doctor who treated the veteran.

They have had these IMOs since Nov 2004.

My POA main Boss says they "reviewed them" but the RO vet rep I have told me the DRO could not read them-she did not understand the medical stuff in them---- how can she read an "expert" VA docs C & P report if she cannot read a real doctor's IMO.??????

In the past it was responses to SSOCs that got my awards- even though I think I was on BVA docket-

now the VARO tells me I have to send everything to the BVA- I checked in the VBM last (2005 edition) to see if I was having an illusion-

Vike is right- not an illusion- BUT if they never send you the VCAA election notice which I never got- this seems to be the way they are violating claimants rights and circumventing VA regs and case laws.

I WANT the VARO to work my claim-that is what they get paid for- they sent it to the BVA and my POA stood by, knowing my evidence wasn't considered at all.

I just sent Dr. Bash 2000 bucks more for an additional IMO based on other medical evidence to support my claim-not redundant nor acculmulative-

As a Neuro Radiologist his rationale is probative-yet the VA doc only looked at three records, one page of my claim and couldn't even tell if the vet's glucose readings were fasting or not- although he had been on feeding tube for a month with no food. His throat was paralyzed. She couldnt even tell military time on the med recs.

If THAT one gets ignored I am sending Governor Pataki a bill for 4,000 bucks and will see what legal action I could take, as I might have incurred "damages".

Edited August 25, 2006 by Berta

[Guest rickb54]

Chiefhouse 00

Interesting,

I just submitted a NOD, and request for DRO because the VA rated me recently for COPD secondary to asthma at 30% and I was already rated 60% for asthma. I believe that the two medical problems should be rated under the diagnostic code which reflects the predominant disability.

Title 38 states:

§ 4.96 Special provisions regarding evaluation of respiratory conditions.

(a) Rating coexisting respiratory conditions. Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 will not be combined with each other. Where there is lung or pleural involvement, ratings under diagnostic codes 6819 and 6820 will not be combined with each other or with diagnostic codes 6600 through 6817 or 6822 through 6847. A single rating will be assigned under the diagnostic code which reflects the predominant disability with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation.

Sleep apnea is rated under 6847

Asthma is rated under 6602

COPD is rated under 6604

Hope this helps....

[chiefhouse00]

Greeting

Here is what the VA said concerning my case.

"Our records show that a 30 percent disability evaluation was assigned to your bronchial asthma effective Dec 26, 2002. Our rating decision dated Sept 21, 2005 granted service connection for obstructive sleep apnea, and included this condition in the evaluation of your asthma. Effective Feb 19, 2004, a 50 percent disability evaluation was assigned to bronchial asthma with obstructive sleep apnea. We have affirmed and continued the 50 % disability evaluation assigned to your bronchial asthma with obstructive sleep apnea."

Also, I have not yet submitted the VA Form 9 which I received on 11 Jul 2006.

Best Regards

Chiefhouse

[Guest jstacy]

6847 Sleep Apnea Syndromes (Obstructive, Central, Mixed):

Chronic respiratory failure with carbon dioxide retention 100

or cor pulmonale, or; requires tracheostomy...............

Requires use of breathing assistance device such as 50

continuous airway pressure (CPAP) machine.................

Persistent day-time hypersomnolence........................ 30

Asymptomatic but with documented sleep disorder breathing.. 0

Chiefhouse your next step with Sleep Apnea is 100 percent.

The VA probally will not do it, However, If you can present a more serious picture of Disability concerning the Asthma, Then there is a 60 percent rating for that. I believe if the evidence warrants a 60 or higher given both disabilities appear similar but are actually different. Sleep apnea is serious. Asthma is the more serious dissease.

In the NOD ask for a higher rating based on the fact that it presents a more serious disability picture than awarded by the VA. You may have to go all the way to veterans court.