Why VA Respiratory Ratings Suck and What You Should Do About It

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Already rated for a respiratory condition like asthma and thinking a new claim for sleep apnea might boost your VA rating? Not so fast. VA-accredited attorney Ed Farmer unpacks a little-known VA regulation that could affect your benefits.

In this episode, Ed explains why veterans can’t always receive separate ratings for multiple respiratory conditions like asthma and sleep apnea. You'll learn about the key regulation—38 CFR 4.96(a)—which requires the VA to assign just one rating for the predominant respiratory disability, rather than adding the ratings together. Ed walks you through how the VA determines which condition is “predominant” by looking at the diagnostic codes and specific criteria for asthma and sleep apnea.

He highlights the impact this rule has on your overall compensation and discusses what options you have if you think your situation is unique. If you’re wondering how to maximize your rating or appeal a VA decision under this rule, Ed points out the importance of consulting a qualified representative. This episode is a must-listen for any veteran navigating multiple respiratory service-connected conditions and wanting to understand their rights under current VA law.

Watch this episode on YouTube:  https://youtu.be/4MTL0WmM-k0 

Special provisions regarding evaluation of respiratory conditions: https://www.ecfr.gov/current/title-38/chapter-I/part-4/subpart-B/subject-group-ECFR14fb86bcc86c2cb/section-4.96   

Schedule of ratings—respiratory system: https://www.ecfr.gov/current/title-38/chapter-I/part-4/subpart-B/subject-group-ECFR14fb86bcc86c2cb/section-4.97  

You can also find more information about my practice at: https://www.vetlawoffice.com 

Disclaimer: The material and information contained on these pages and on any pages linked from these pages are intended to provide only general information about the VA disability claims system. Every case is unique, and neither Edward M. Farmer nor VA Made Easy, LLC are providing legal advice for your specific VA case or legal matter. You should consult with a VA accredited attorney before relying upon any of the information presented here. The acts of making a comment or viewing information from VA Made Easy LLC’s YouTube channel do not create an attorney-client relationship. Case results are not guaranteed nor is Edward M. Farmer able to predict the outcome of any claims.