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Sleep Apnea C&P


Sudden Impact
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Question

My Sleep Apnea appeal (date 9/15/15) is in remand (date 1/11/19) with the VBA, after talking with Peggy last week & confirming with the AMO this week I am currently at “Ready for Decision”. My favorable C&P was completed on 12/11/19 at the Las Vegas VA Hosp.  My C&P question:  When a examiner answers a DBQ as shown in the following excerpt, will the condition result in an automatic increase if the main issue is approved, or is it something I need to claim once my appeal is completed?

    3. Findings, signs and symptoms

-------------------------------

Does the Veteran currently have any findings, signs or symptoms attributable

to sleep apnea?

[X] Yes [ ] No

If yes, check all that apply:

[X] Persistent daytime hypersomnolence

 

Also, if allowed here, how long does the “Ready for Decision” phase take considering it was a remand?

 

Thank you

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Not seeing the BVA letter is does appear that if the DRO finds that your persistent daytime sleepiness meets the criteria of diagnostic code 6847, you should see a grant for 30%. (If you don't get lowballed.) If you already are rated 10% for another disability, then your new combined rating I should expect to be 37% or rounded up to 40%. Hope that answers your question.

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27 minutes ago, GBArmy said:

Not seeing the BVA letter is does appear that if the DRO finds that your persistent daytime sleepiness meets the criteria of diagnostic code 6847, you should see a grant for 30%. (If you don't get lowballed.) If you already are rated 10% for another disability, then your new combined rating I should expect to be 37% or rounded up to 40%. Hope that answers your question.

Thank you for your response. When I did the VA math I came up with  70, because  of the 50% for the Sleep Apnea with the required use of a Cpap.  So currently at 10, add 50 for SA & another 30 for  Persistent daytime hypersomnolence.   I have added the BVA letter & full  C&P both have been redacted. https://drive.google.com/open?id=1Ce-DezoJS04BI5ozXnJVqxYsLmjmuBWb  I talked to Peggy last week & was  told that my claim is the “Ready For Decision”.  stage.  I am in my 6th year with this. I know others have waiting much longer.

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Sudden Impact It doesn't quite work that way. I just went with what you provided, which was the daytime sleepiness which is rated at 30%. If you do use a CPAP, and it was prescribed as being a medical necessity by your doctor, that CAN be rated at 50%. I say CAN because they try to lowball that rating. But in any case you don't get 30% AND 50% ratings for the same disability. The VA will rate you at the highest rating the evidence supports. So it is either 10%, 30% or 50%. Again, see http://www.militarydisabilitymadeeasy.com/therespiratorysystem.html#sleep And that would be combined with your existing 10% to get you a new combined rating. Hadit has a disability calculator or use another one.

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