Founder Tbird Posted April 18, 2016 Founder Share Posted April 18, 2016 The Veterans Law Blog just got word today that the criteria the VA uses to assign a 50% rating to VA Sleep Apnea Claims has just changed, effective April 18, 2016. http://www.veteranslawblog.org/va-sleep-apnea-ratings-rules-changing/ Link to comment Share on other sites More sharing options...
0 RUREADY Posted April 19, 2016 Share Posted April 19, 2016 5 hours ago, Buck52 said: I think a veteran should apply for a claim no matter what his/her rating is...get that claim SC it may help out your family later on down the road. jmo .......................Buck even at 0% something happen with SA your family should be cover Link to comment Share on other sites More sharing options...
0 Founder Tbird Posted April 19, 2016 Author Founder Share Posted April 19, 2016 29 minutes ago, brokensoldier244th said: Thats okay, Ive been pestering Chris Attic at Veterans Law Blog for 2 days to cite where the exact changes he is discussing occur in the M21. So far I see a lot of conjecture and what if and a whole lot less of what it actually says, and I have chap 2 and 4 downloaded.. Its great for page count visits to his blog but he doesn't really say WHAT changed- just his interpretation of what he thinks it means, and even so does not show what it said vs. what it says now. Check this link 04/18/2016 M21-1, Part III, Subpart iv, Chapter 4, Section D - Respiratory Conditions (III.iv.4.D) Updated guidance on applying the rating schedule criteria in 39 CFR 4.97, diagnostic code 6847 pertaining to sleep apnea, specifically addition qualifying breathing assistance devices and guidance on when treatment is necessary From the veterans law blog VA Sleep Apnea Claim 50% Rating Change #1. First, the Veteran now has to show that the prescription of a breathing assistive device (like a CPAP) is medically necessary. VA Sleep Apnea Claim 50% Rating Change #2. The second change to the 50% rating criteria is this: you can use a breathing assistive device other than a CPAP and still be eligible for the 5o% rating. Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted April 19, 2016 Moderator Share Posted April 19, 2016 Thanks Tbird. Hopefully a Vet will win a half million in retro soon and donate to you some serious buckage. It would be doubly nice if that person was me. (I wont get a half million, but six figures is doable...3 years at 100% should be close. ) Vync and VetlawUS 2 Link to comment Share on other sites More sharing options...
0 Moderator brokensoldier244th Posted April 19, 2016 Moderator Share Posted April 19, 2016 I read that Part 1 portion already, but if that's all the change is, whats the big deal? The way VLBlog is spinning it its a huge doom and gloom factor about having to prove necessity. If someone never had to have a medical nexus for a CPAP and 50% rating before this change, thats just dumb. Anyone could just go buy one, then, and then try to claim a 50% rating. The part 2 portion is good, though, because other assistive therapies have been around for awhile. Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted April 19, 2016 HadIt.com Elder Share Posted April 19, 2016 Thanks RUREADY...I hope I can get my SA at least 0%SC However I don't really understand VA Theory of 0% SC Disability ? if a veteran has a disability it should be rated at the lest 10% (jmo) broncovet I found this..it might help some, but what Dr will write a letter like the VA wants?...its necessary I use my VA Diagnosed C-PAP Machine, &I am not sure they can cure S.A. without surgery ? But they ain't cutting on me http://www.military.com/benefits/2013/06/20/va-reconsiders-disability-ratings-for-apnea.html .......................Buck Link to comment Share on other sites More sharing options...
0 Moderator brokensoldier244th Posted April 19, 2016 Moderator Share Posted April 19, 2016 That article is from 2013 and with the change already written into the M21 is no longer relevant. Link to comment Share on other sites More sharing options...
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Tbird
The Veterans Law Blog just got word today that the criteria the VA uses to assign a 50% rating to VA Sleep Apnea Claims has just changed, effective April 18, 2016. http://www.veteranslawblog.org/va-sleep-apnea-ratings-rules-changing/
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brokensoldier244th
Especially for something like SA. DIC comes to mind as one very good reason.
Buck52
I think a veteran should apply for a claim no matter what his/her rating is...get that claim SC it may help out your family later on down the road. jmo .......................Buck
Buck52
I really never understood the VA giving a veteran a 0%rating for a SC Disability...Don't make a lick of sense to me...b/c they admit the veteran has a disability.
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