Question:

Jim, I have a current active NOD for scars and scars with pain. I’m currently SC 50% for a MH condition and want to file for sleep apnea. My question is should I wait until the NOD is settled or should I file now since I got my claim ready to go with a nexus letter and DBQ. I’m asking because I’m wondering if the VA will combine them and prolong the NOD process, thx

Jim's Reply:

I generally urge vets to stop submitting additional claims once an appeal is in process. To try and run separate processes can throw everything off the tracks and take years to set right again. It sounds to me as if you're throwing some Hail mary passes that don't have a great chance of prevailing so I'm at a loss as to what to recommend?  Ratings for scars are usually granted w/o much fuss and that yours were denied makes me wonder why? To seek a rating for OSA as secondary to a mental health condition is riddled with problems and is likely a lost cause without a good IMO from a psychologist and a pulmonologist. VA knows we're filing for OSA because of the 50% rating and they fight OSA claims hard...not many are won without an active duty sleep study.  If I were you I'd hold off filing anything until my appeals are settled and even then, I wouldn't file until I had an IMO that supports my logic.