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NOD Question on Effective Date
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Galen Rogers
Howdy all. I have a partial success. My OSA (sleep apnea) was just approved secondary to service connected (SC) GERD, My left knee problem was approved secondary to my SC right knee, my Tinnitus approved SC at 10%, and I have several in deferred status waiting on re-check C&P Exams (they did not like the first ones they got I guess). They disapproved my lower back problem as secondary to the SC right knee (caused a fall) . So I know I need to get a second opinion from a neurosurgeon on that one to support a NOD. The other NOD I want to submit is for the effective date of the OSA . I submitted my first claim for it back in 2008 and it was denied. I did not know about gathering the various support letters from previous shipmates or submitting medical articles that supported my claim. I trusted my REP (AMVETS) and followed his lead. My claim then was modified to say the OSA was secondary to Asbestos exposure. My own personal statement said that it was not. I did have SC Gerd then but my Rep and the VA did not connect it then. So I want to do a NOD on the approved effective date requesting it be back dated to the original claim 2008 date. Is the NOD the proper way to do it and will it stop the updated compensation from starting? My updated claim status is below.
obstructive sleep apnea
lumbar degenerative disc disease, disc rupture
left knee anterior cruciate ligament rupture with tearing of the medial meniscus with osteoarthritis
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