Would Filing A New Claim Delay A BVA Decision?

[63Charlie]

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???

 

Thanks

 

[Richard1954]

To open a claim for sleep apnea based on a secondary condition when you are already rated 100%, may not benefit you based on how your separate ratings are combined.  Even if you have one separate 100% rating and are shooting for Housebound  you would need an additional separate rating of 60%, the highest rating for sleep apnea is 50%.

Depending on your circumstances and ratings you may be entitled to a TDIU rating and Housebound if you can show your unemployable and if a award of TDIU  with an additional separate 60% rating can get to an award of SMC S Housebound.  Of course you would have to open a claim for TDIU, and  when someone already has a 100% rating,  the va isn't going to award you TDIU unless your compensation can be increased. I don't know how your ratings break down,  but in the case of TDIU  the condition that keeps you from working must be rated at least 60%, and you still need a separate 60% rating.   This is just something to consider.

On the other hand,  I have always advocated if a veteran has a medical condition that they feel should be service connected then that veteran should file the claim. Lately however, based on my personal experience I am not sure that it would be worth the aggravation that  filing a claim causes.  Why ?  well take a look below at my ratings,  I only get compensations for a 100% rating,  It took me hours of work, and months I dare say years of aggravation to get ratings for all my conditions,  was it worth the trouble? Looking back,  I now say no.  However, I have been granted  Aid and Attendance  at L 1/2 step that without an additional 60% rating I could not have received. And as much as I was trying to get a 1/2 step increase to M, for aid and attendance I was not successful, at the regional office and for my sanity I decided  not to file any more claims or appeals. 

One other thing to consider is survivor Benefits,  generally ,  you must be rated 100% for 10 years or die from a service connected condition for your spouse to get survivor benefits.   I don't know if having sleep apnea can cause death, but if your family does not already have survivor benefits,  then this could be a reason to open a new claim. 

However,  your specific question was do you wait to file a new claim or file it now. In today's age you can have multiple claims at the BVA, Court and local regional office, it the old days to file additional clams slowed things down, but in today's age,  everything is done on computer so a new claim would not slow down a claim at the BVA or Court.

 

Edited January 31, 2020 by Richard1954
spelling

[brokensoldier244th]

With no financial gain, even if they Rate you 0 you still qualify for DIC. Sleep apnea can kill you, even when being treated, depending on how bad it is. You sleep, stop breathing several times, O2 Level drops, and at some point you can at that point just stay asleep forever. You won't be waiting or anticipating for compensation, and they give you the cpap for free if you don't already have one so the aggravation level should be low. Autopaps are like a 1000 dollars by themselves. *Shrug* something to think about.