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PE and Sleep Apnea


Trini123

Question

I was only abled to find one.  It was Citation Nr 0610557.  Does anyone have examples where two respiratory conditions were rated separately?  Or examples of a successful appeal to have them rated separately ?

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From what I understand you have to show how they affect you differently so it does not pyramid.  

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Excerpt from the VASRD The Respiratory System, 4.96  "(a) Rating coexisting respiratory conditions. Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 will not be combined with each other. Where there is lung or pleural involvement, ratings under diagnostic codes 6819 and 6820 will not be combined with each other or with diagnostic codes 6600 through 6817 or 6822 through 6847. A single rating will be assigned under the diagnostic code which reflects the predominant disability with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation."

That's about as clear as mud.  I don't know if it means they each get a rating, or they don't.  I think the diagnostic code for PE will be 6817, and OSA is 6847.  So 6817 and 6847 "will not be combined with each other"?  Does that mean they ARE rated separately or NOT?  Hell, I don't have a clue, the wording is deceptive, IMHO.

This will apply to me too, so I'm very curious.  I was just granted DVT/PE and OSA by BVA back in August, but they haven't promulgated it yet, so I don't know how they're handled together.  My PE should, in my opinion, get 60%;  the OSA, 50%.  I also believe I should get a separate rating for DVT under VASRD Diseases of the Arteries and Veins 4.104-14 diagnostic code 7121 for Post-phlebitic syndrome.  Did you also have DVT?  

If and when I get my ratings someday, and/or if I can find any applicable info, I'll post here.  Good luck!

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