Criteria the VA uses to assign a 50% rating to VA Sleep Apnea Claims has just changed

[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/

[RUREADY]

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

[Tbird]

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.

[broncovet]

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.  )

[brokensoldier244th]

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. 

[Buck52]

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

[brokensoldier244th]

That article is from 2013 and with the change already written into the M21 is no longer relevant.