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Should I appeal?
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navyguy357
Do I have a case to appeal to get back pay to my initial predischarge exam?
Honorably discharged March 2005 with 30% disability. Received 0% SC for restricted lung disease (claimed as obstructive sleep apnea- this is exactly how it is written on my VA decision letter at predischarged exam).
Service medical records with documented issues of sleep disorders
2012- Sleep Study diagnosed as obstructive sleep apnea -( Naval Hospital referral 3rd party)
2016- Sleep study diagnosed as obstructive sleep apnea, issued CPAP
Filed claim for sleep apnea in Jan. 2017
Granted 50% for obstructive sleep apnea.
My decision letter states: The examiner indicates the new dagnosis is a correction of the previous erroneous diagnosis. There is no current diagnosis of restrictive lung disease. You were previous denied because you failed to complete a sleep study to confirm the diagnosis.
My question....Do I have a case to appeal to get back pay to my initial predischarge exam (2005) and not to my intent to file in Jan. 2017
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