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GBArmy

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  • HadIt.com Elder

The VA is looking for comments on changes to the disability criteria for sleep apnea (OSA), tinnus and for MH. On mental health, there could be some positive movement on symptoms criteria for the min and max ratings. Min could move up to 10% instead of 0%. Kinda hard for my brain to wrap around someone having a MH disability and it is rated as 0%. Max could be reached without having to meet all the criteria for 100%. 

https://mail.aol.com/webmail-std/en-us/suite

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6 hours ago, deedub75 said:

I was just reading through this and under these new rules, I would probably not be at 100% P&T.  

The OSA rule change is really big. Veteran's compensation would be based on the outcome of the treatment of OSA rather than being prescribed a CPAP. I have a CPAP and I'm rating at 50% but under this new rule I'd probably be at 10% because I get incomplete relief with the CPAP. 

Specifically, VA proposes to assign a 0 percent evaluation when sleep apnea syndrome is asymptomatic, with or without treatment. VA would assign a 10 percent evaluation when treatment yields “incomplete relief.” VA would assign ratings above 10 percent ( e.g., 50 and 100 percent) only when treatment is either ineffective or the veteran is unable to use the prescribed treatment due to comorbid conditions. VA would assign a 100 percent evaluation only if there is also end-organ damage. VA proposes to include an informational note that defines and gives examples of qualifying comorbid conditions, i.e., conditions that, in the opinion of a qualified medical provider, directly impede or prevent the use of, or implementation of, a recognized form of treatment intervention normally shown to be effective.

Doesnt the sleep study you take show whether or not the cpap works for you? Or do they have some other way to see if a person is not getting proper treatment?

I use a cpap, and have for many years. I even mail in my data for them to review etc.. I definitely know when I dont use it, as I feel like I have had no sleep.

And what is an end organ damage? 

I am sure it will take some time for them to evaluate and adjust things. Nobody should be affected if already rated, correct?

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  • HadIt.com Elder

My cpap works in the lab but I can't tolerate it in real life.  I tried and tried.  I eventually had an operation to install the Inspire implant.  It works to a moderate degree, but I go through life like a zombie many days.  

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10 hours ago, Steve40th said:

Doesnt the sleep study you take show whether or not the cpap works for you? Or do they have some other way to see if a person is not getting proper treatment?

I use a cpap, and have for many years. I even mail in my data for them to review etc.. I definitely know when I dont use it, as I feel like I have had no sleep.

And what is an end organ damage? 

I am sure it will take some time for them to evaluate and adjust things. Nobody should be affected if already rated, correct?

Yes, if they do a split sleep study where you sleep half the night without a CPAP and then the other half with a CPAP, then they can see if it works. My sleep study showed improvement with my apneas with the CPAP but in my case, even with the CPAP, I still do not get refreshing sleep. I wake up every morning as if I hadn't slept all night. So with the new rules virtually no one would qualify for 50%. Most would get 10%.

I think end organ damage would be where that organ is damaged so badly that it doesn't have much useful life left. Think kidney failure or congestive heart failure. 

It does say that nobody already rated would be affected, but what keeps them from going back and "reviewing" every veteran that has a sleep apnea rating to see if there is improvement?

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My notice about the changes included:

Veterans who currently receive compensation for a service-connected condition can apply for increased compensation, but no reductions shall be made unless an improvement in the Veteran’s disability is shown to have occurred.
This sentence, if actually part of new language, could potentially affect a lot of people. I think about 1.3 million are currently rated for OSA.  I don't like it!

Nick

 

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