Question:

Hello Jim, I am a Vietnam Vet with a combined VA Disability Rating of 40%  — 10% for tinnitus and 30% for IHD. I have had hypothyroidism for many years. In addition, I was diagnosed with Sleep Apnea about 7 years ago. I would like to file a VA Disability Claim for Sleep Apnea secondary to service connected (Agent Orange presumptive) hypothyroidism. Can I file claim now or do I have to wait until I am approved for my December, 2020 Hypothyroidism VA Claim? Thanks.

Jim's Reply:

The rules would say that you can't file a claim as secondary to a condition that you don't have.
 

However, since we're sure you'll be awarded the hypothyroidism presumptive benefit, you can go ahead and file the OSA claim now and it'll all come together eventually. Good luck!