Obstructive Sleep Apnea service connected after more than 20 years

[ScoutLT]

I simply must give major kudos to the experts on this forum that provided me with sound advice on how to approach my claim for compensation.  Just got the letter that the BVA judge granted my claim for OSA direct service connection after being denied and denied.  This forum gave me the fortitude to stick to my guns and engage the American Legion to assist in managing and preparing my claim.  They did a wonderful job!

I filed my claim in September of 2017 and just got the decision December 9 2022.  It has been a little while.

My question is:  Does OSA with CPAP use still grant 50% or did they already change that based on their rule amendment in Feb 22?

Prior to this decision I was rated at 90% or maybe 91% if you look that close.  I am hoping it is still at the 50% rating that would put me in the P/T 100% I believe.

 

Again, without HADIT and the input I read from all of the members I would not have been given the knowledge to see my claims through to this conclusion.  THANK YOU!

[ShrekTheTank]

Per 38 C.F.R. § 4.97-13, Code 6847, the ratings for obstructive, central, or mixed sleep apnea are as follows:

• 100 percent rating for “chronic respiratory failure with carbon dioxide retention or cor pulmonare, or; requires tracheostomy.”
• 50 percent rating requires the “use of a breathing assistance device such as” a CPAP machine.
• 30 percent rating requires “persistent day-time hypersomnolence.”
• 0 percent rating for asymptomatic sleep apnea with “documented sleep disorder breathing.”

[ShrekTheTank]

I am not saying they always assign it correctly, but this is how they SHOULD rate it.  I have a CPAP so they gave me 50%.

[ScoutLT]

Thank you Shrekthetank1