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Would Filing A New Claim Delay A BVA Decision?

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I currently have several appeals on the docket at the BVA.

I chose the AMA evidence submission lane with no hearing.

VA.gov states I will have a decision soon.


BUT...here's what happened today.


I was sent by the VHA for a community care appointment to a prosthodontist for my teeth.

During the oral examination, I was advised that my airway was obstructed.


The doctor asked, "Have I ever been diagnosed with Obstructive Sleep Apnea?"

I advised that I'd never had a sleep study/testing performed for that disorder.


The doctor advised me to see a specialist and obtain treatment for it.


I currently have a max rating for allergic rhinitis and discovered there is a link between AR and OSA. See link:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6319794/

Should I go ahead and develop/submit a claim for OSA ASAP, or wait until the BVA rules on my appeals???




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  • HadIt.com Elder

You can have claimed and appeals going at the same time. They go to different places.

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  • Content Curator/HadIt.com Elder

In the old days, you had one claims file and it tended to be a major bottleneck because people could not work their portion of your claims without it being in front of them. Nowadays, everything is digital/scanned in so everyone would work it from the same central location without having to wait for the claims folder to arrive.

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  • Moderator

First, figure out if its "worth it".  If you are already SMC S, then dont bother, because additional ratings wont increase your compenstation.  

Or, if OSA "wont get you" to SMC S, also dont bother.  

(I am not going to be putting up with VA BS for 0 dollars).  

But, if it could mean SMC S (since you are already at 100 percent), then go for it. 

To qualify for SMC S, you need a "single" 100 percent disability (not a combined rating), but tdiu will work in some cases.  


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I agree wholeheartedly.  I have severe sleep apnea and have not filed a claim since I am already SMC S.  I have thought about it but I have held off because I think the trouble may not be worth it.  

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  • HadIt.com Elder

Unless you are married or have dependants. If your osa is rated, even 0, and contributes to your untimely death there is DIC involved.

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Thanks for the help guys.

After I posted my question here, I emailed my attorney.

His reply was almost verbatim to you guys advising no financial gain if I win a sleep apnea claim, as he is anticipating an award of SMC-S on conditions we are currently appealing at the BVA.

I would like to win my appeals and let the VA alone.


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