Jump to content



Search



Advertise Here

 

Toggle shoutbox Shoutbox Open the Shoutbox in a popup

@  cragwex : (30 September 2014 - 06:35 AM) Decision & Claims File Dispatch And Pay
@  Tbird : (29 September 2014 - 05:45 PM) Dano Thanks For Your Contribution.
@  artlouis : (29 September 2014 - 04:07 PM) Nehmer Heart Transplant
@  vet201060 : (25 September 2014 - 11:28 PM) Reduced Va Disability Rating????
@  vet201060 : (25 September 2014 - 11:27 PM) Has Anyone Personally Been Reduced, Not Asking If You Know Some But If You Have Been Reduced
@  WVSERVER : (25 September 2014 - 12:16 PM) Test
@  lcurle : (22 September 2014 - 12:49 PM) Ebennies Is Down: Error Code [47]: The System Is Currently Unavailable. Please Try Again Later. If This Problem Continues, You May Contact The Dmdc Support Center (Dsc) At 800-477-8227 For Assistance.
@  Notorious Kelly : (21 September 2014 - 07:04 AM) Thanks, T, And Kudos To Kacy!
@  Tbird : (21 September 2014 - 12:48 AM) Forum Is Back Up And Running. We Lost Some Posts, But Were Able To Restore All The Posts To Sep 17. A Big Thank You To Member Kacy For Volunteering And Getting This Fixed.
@  raptorick : (20 September 2014 - 10:12 PM) Posts After The 17Th Are Missing
@  YellowGTO : (17 September 2014 - 01:37 PM) I Can See Reply's In My Email But When I Click The Link It Says "sorry, We Couldn't Find That!" Anyone Have Any Ideas?
@  cragwex : (15 September 2014 - 10:22 AM) Asking For T & P
@  NeverGiveUp : (14 September 2014 - 01:19 PM) Got Denial Letter From Va On Friday, Having Surgery For Hip This Friday Need Advice
@  Tbird : (13 September 2014 - 02:39 PM) Thank You Notorious
@  Notorious Kelly : (12 September 2014 - 02:52 PM) Happy To See The Donate Button For Hadit. No Pressure If You're Struggling But Give If You Can!
@  vet201060 : (11 September 2014 - 11:49 PM) Got The Dea Letter For Pain Killers Today. Interesting To See How This Actually Effects Us Getting Our Meds
@  bad@57 : (11 September 2014 - 07:07 PM) Hello Vets, Had A Very successful Bva Hearing August 20, 2014. Submitting Final Paperwork To Judge For Decision. Wish Me Luck As I Do All!
@  dereekbanks : (11 September 2014 - 12:49 PM) Still No Letter In The Mail, But I Think I Was Denied. Feeling Depressed!
@  dereekbanks : (11 September 2014 - 12:48 PM) Claim Closed On The 8Th, Its 3 Days Later And Ebenefits Still Shows My Same Old Rating.
@  Rotor Head : (11 September 2014 - 06:20 AM) Remember, The 'e' In Ebennies Stands For Entertainment. :blink:

Photo
- - - - -

Asthma And Sleep Apnea


This topic has been archived. This means that you cannot reply to this topic.
6 replies to this topic

#1 slowhand197

 
slowhand197

    E-3 Seaman

  • Seaman
  • PipPipPip
  • 24 posts
 

Posted 01 April 2007 - 12:06 AM

I have a 30% SC rating for Asthma. I filed a claim for sleep apnea will they just give me 50% for apnea and 0 for Asthma as they are both one system or will they add them together??

Advertise Here

 

#2 Guest_RickB54_*GuestMember

 
Guest_RickB54_*GuestMember
  • Guests
 

Posted 01 April 2007 - 08:26 AM

I have a 30% SC rating for Asthma. I filed a claim for sleep apnea will they just give me 50% for apnea and 0 for Asthma as they are both one system or will they add them together??


You will receive one combined rating usually under the more serious condition.

Title 38:

4.96 Special provisions regarding evaluation of respiratory conditions.



(a) Rating coexisting respiratory conditions. Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 will not be combined with each other. Where there is lung or pleural involvement, ratings under diagnostic codes 6819 and 6820 will not be combined with each other or with diagnostic codes 6600 through 6817 or 6822 through 6847. A single rating will be assigned under the diagnostic code which reflects the predominant disability with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. However, in cases protected by the provisions of Pub. L. 90-493, the graduated ratings of 50 and 30 percent for inactive tuberculosis will not be elevated.

#3 slowhand197

 
slowhand197

    E-3 Seaman

  • Seaman
  • PipPipPip
  • 24 posts
 

Posted 01 April 2007 - 08:59 AM

Thanks Rick,
now I have to figure if its worth it to NOD it. They said it was not from the service but thats not what I put in for. I put in for secondary service connection with a not to good acnexis letter from my doctor.


You will receive one combined rating usually under the more serious condition.

Title 38:

4.96 Special provisions regarding evaluation of respiratory conditions.



(a) Rating coexisting respiratory conditions. Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 will not be combined with each other. Where there is lung or pleural involvement, ratings under diagnostic codes 6819 and 6820 will not be combined with each other or with diagnostic codes 6600 through 6817 or 6822 through 6847. A single rating will be assigned under the diagnostic code which reflects the predominant disability with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. However, in cases protected by the provisions of Pub. L. 90-493, the graduated ratings of 50 and 30 percent for inactive tuberculosis will not be elevated.



#4 rik62

 
rik62

    E-2 Recruit

  • Seaman
  • Pip
  • 1 posts
 

Posted 11 April 2008 - 05:11 PM

New to this forum - reading on Sleep Apnea. I cannot wrap my brain around exactly what the "disability" is. I mean, is it VA disability (who will pay me around $500 a month), or is it service disability, which means 50% of my retirement pay (I have 20 years) will be tax free.
Help me!

#5 Ron II

 
Ron II

    E-8 Senior Chief Petty Officer

  • Senior Chief Petty Officer
  • PipPipPipPipPipPipPipPip
  • 888 posts
 

Posted 11 April 2008 - 07:38 PM

New to this forum - reading on Sleep Apnea. I cannot wrap my brain around exactly what the "disability" is. I mean, is it VA disability (who will pay me around $500 a month), or is it service disability, which means 50% of my retirement pay (I have 20 years) will be tax free.
Help me!


Rik62.

Unless you can prove a connection between your sleep apnea and one of the qualifying factors for
CRSC, you would not be entitled to tax-free CRSC.

If the your total disability using VA math equals 50 percent or more, you would be eligible for CRDP. If your disability is less than 50 percent, you would receive that percent of disability compensation from the VA, but a like amount would be "offset" from your military retirement pay.

Ron

#6 militarynurse

 
militarynurse

    E-5 Petty Officer 2nd Class

  • Chief Petty Officers
  • PipPipPipPipPip
  • 203 posts
 

Posted 18 January 2010 - 07:13 PM

You will receive one combined rating usually under the more serious condition.

Title 38:

4.96 Special provisions regarding evaluation of respiratory conditions.



(a) Rating coexisting respiratory conditions. Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 will not be combined with each other. Where there is lung or pleural involvement, ratings under diagnostic codes 6819 and 6820 will not be combined with each other or with diagnostic codes 6600 through 6817 or 6822 through 6847. A single rating will be assigned under the diagnostic code which reflects the predominant disability with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. However, in cases protected by the provisions of Pub. L. 90-493, the graduated ratings of 50 and 30 percent for inactive tuberculosis will not be elevated.


From BVA Citation Nr: 0610557

"The RO found that 38 C.F.R. 4.96 bars the assignment of a
separate rating for the asthma condition apart from the sleep
apnea condition. However, that provision states that ratings
under Diagnostic Codes 6600 through 6817 will not be combined
with each other. That provision also states that ratings
under Diagnostic Codes 6822 through 6847 will not be combined
with each other. The two specified ranges of diagnostic
codes are stated in the disjunctive and thus, the provision
does not automatically prohibit the assignment of a rating
under Diagnostic Codes 6600 through 6604 in addition to the
assignment of a rating under Diagnostic Codes 6822 through
6847."

#7 Teac

 
Teac

    E-8 Senior Chief Petty Officer

  • Senior Chief Petty Officer
  • PipPipPipPipPipPipPipPip
  • 1158 posts
 

Posted 18 January 2010 - 09:27 PM

From BVA Citation Nr: 0610557

"The RO found that 38 C.F.R. 4.96 bars the assignment of a
separate rating for the asthma condition apart from the sleep
apnea condition. However, that provision states that ratings
under Diagnostic Codes 6600 through 6817 will not be combined
with each other. That provision also states that ratings
under Diagnostic Codes 6822 through 6847 will not be combined
with each other. The two specified ranges of diagnostic
codes are stated in the disjunctive and thus, the provision
does not automatically prohibit the assignment of a rating
under Diagnostic Codes 6600 through 6604 in addition to the
assignment of a rating under Diagnostic Codes 6822 through
6847."


Thanks we know this now, but this topic was started in Apr 2007....




Advertise Here