Request for Reconsideration: Effective Date

[bolt_vet23]

Hello,

I wanted to run something by the group to get your thoughts.  I separated from the military in 2005 and had the pre-discharge exam completed before I separated.  I claimed sleep apnea as heoric snoring, but was not awarded service connection for it.  It's currently listed as a disability in eBenefits from the pre-discharge exam.  Fast forward 10 years and I was issued a CPAP by the VA after a subsequent claim was denied.  I submitted the NOD along with two IMO letters, one from a VA doc and one from a private doc, connecting sleep apnea to heroic snoring and allergic rhinitis (currently service connected).  

My issue is that during the pre-discharge exam, the doc asked if I had sleep apnea and I told her no since I didn't even know it what it was then.  No test was given since I responded no.  However, my question is can I request that the effective date go back 10 years since the VA did not fulfill their requirement to assist me in obtaining evidence and an exam?  The following is from the VA's regulations:

"The CAVC described the requirements as follows: [The VA must provide an examination or medical opinion when] there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability, and (2) evidence establishing that an event, injury, or disease occurred in service ... and (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the veteran’s service or with another service-connected disability, but (4) insufficient competent medical evidence on file for the Secretary to make a decision on the claim."

Appreciate any assistance.

[Gastone]

Your current rating for Allergic Rhinitis 38 CFR 4 6522, 30% with Polyps or 10% without? Getting a SA SC, as secondary to a 10% Seasonal SC could be a stretch.

Semper Fi