SA Equipment and Supplies

[paulstrgn]

Now that I have been approved for SA how do I get the VA to buy my supplies and replace my CPAP from time to time?

Do I go to the VA hospital to do this? If so, do I need to worry about the VA trying to say my SA is getting better and try to reduce me? 

I have never had the VA give me anything (meds, supplies, etc) before. I get all my meds through the military since I am retired.

Thanks for your responses.

[GBArmy]

Paul

This is just a guess, but I would certainly say there would be some (negative) reaction if the chip/records showed you didn't use it regularly. Can the VA take away or reduce your disability rating if you don't take meds that they prescribed? Good question.

[GeekySquid]

4 minutes ago, paulstrgn said:

do the regs actually state you must use the CPAP in order to be granted the 50%

your question relies on the word "use".

If you are granted a rating based on medically needing something you have reached the criteria.

It is not legal for any government agency to demand you take any type of medical treatment as a basis for service. For instance they cannot make you take Psych drugs or have a specific surgery just to keep your  compensation.

That said, it is likely, at least in the beginning that the VAMC will be monitoring your use for health reasons but I know of no requirement that VAMC report your usage to VA Benefits. SA is not like TDIU that has a monitoring system known to exist.

I do believe that if your claim is audited that might trigger someone at Benefits to inquire after your usage records but I don't know that that would reduce your rating.

Someone who HAS been decreased for that reason would be the best resource, otherwise anything anyone says would be speculation.

You also have to take into consideration that in your case the SA grant at 50% would make you 100% Schedular and with your age there is a smaller chance of the VA reducing your award except for fraud. Not completely safe from reduction but unlikely. The barriers are pretty high.

now if this was a private insurance thing that would be different but this is the VA and once rated as entitled to a benefit, taking it away is a difficult step for the VA to take.

[paulstrgn]

GB I can see the VA trying but I think they would lose on appeal. 

[Buck52]

Usually after a year you need to bring the c-pap machine in and the VA  sleep Dr  Checks the chip and lets you know how many sleep apneas you had and how man hours you used it.

I don't have a service connection for it  but was diagnose by the VA for modern to severe apnea  and they got me a C-PAP ,but I sure would use it if I was you just in case they do report your not using the machine...am not sure what they would do but  chances are they   would think your S.A. has improved and send you the proposal to reduce, that would cause you all kinds of problems.

Edited July 16, 2019 by Buck52

[paulstrgn]

Geekysquid I agree with you. 

5 minutes ago, GeekySquid said:

in your case the SA grant at 50% would make you 100% Schedular and with your age there is a smaller chance of the VA reducing your award except for fraud. Not completely safe from reduction but unlikely.

Yes once the VA rates my SA and hypertension officially I will be at 100%, but I am currently going through a proposal for reduction for my scoliosis and femoral nerves in both legs. Both were considered static disabilities (I am 61)  according to my C-File, now I did file for an increase for my scoliosis but not the nerve issues yet the VA wants to lower them from 20% to 0% for the femoral nerves and 20% to 10% for my scoliosis. The proposal is on hold right now waiting for the SA and hypertension ratings to see what they will do. Time will tell what they will do.

[GBArmy]

Yup, they deny anyway they can. But how about this. A guy is s-c for type II diabetes. He regularly or lets say he never takes his meds. He then gets kidney failure and files a claim. Can they deny for the new disability because his med records showed he contributed to his new disability?