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Asthma And Sleep Apnea


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6 replies to this topic

#1 slowhand197

 
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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??

#2 Guest_RickB54_*GuestMember

 
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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

 
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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

 
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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

 
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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

 
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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

 
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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....