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.
Disability
Rating
Decision
Related To
Effective Date
plantar fasciitis, bilateral
Deferred
allergic rhinitis
0%
Service Connected
03/01/2000
mitral valve prolapse
Not Service Connected
thoracic outlet syndrome, left upper extremity
10%
Service Connected
10/26/2001
gastroesophageal reflux disorder
10%
Service Connected
03/01/2000
obstructive sleep apnea
50%
Service Connected
12/29/2017
complex tear of the right knee medial and lateral meniscus, popliteal cyst, and osteoarthritis (previously rated as surgical repair of medial meniscus tear, right knee)
10%
Service Connected
10/01/2001
lumbar degenerative disc disease, disc rupture
Not Service Connected
left knee anterior cruciate ligament rupture with tearing of the medial meniscus with osteoarthritis
Question
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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