Still Loosing It, Help Please.

[livingrock21]

Hello To All Again,

I haven't posted here for a while! I'm still in the same boat and on my last appeal. Here is a link from my original post http://www.hadit.com/forums/index.php?showtopic=15124&hl= .

A little background. I got medically retired from the Navy August of 07. Filed my BDD claim July of 07. Got my findings in Nov. of 07. When I got my findings I immediately saw an error on the VA's part. They rated me per a condition that I didn't have, nor was it even really related. They had me rated under "Paralysis of the median nerve" (unsure of the VASRD code, believe it was 8517). I should have been rated under Erythromelalgia, diagnostic code 7119.

I've been appealing this since. I'm on my third and final appeal and am very discouraged. At one point I thought I was going to recieve help from a VFW Service Officer. He said he would take my claim to the STAR Review, and it would be fixed there. Seemed as though he was going to be very helpful, only to have him come back and say they were no help.

On my last Statement of the case, they agreed they made an error rating me under paralysis of the median nerve and agreed to rate me under erythromelalgia, but didn't change my percentage as they should have.

_____________________________________________________________________

Here's an excerpt from the VASRD on this particular condition (this pertains to my questions:

7119 Erythromelalgia:

Characteristic attacks that occur more than once a day, last an average

of more than two hours each, respond poorly to treatment, and that

restrict most routine daily activities.................................................................. 100

Characteristic attacks that occur more than once a day, last an average of

more than two hours each, and respond poorly to treatment, but that

do not restrict most routine daily activities........................................................ 60

Characteristic attacks that occur daily or more often but that respond to

treatment.......................................................................

...................................... 30

Characteristic attacks that occur less than daily but at least three times

a week and that respond to treatment................................................................ 10

Note: For purposes of this section, a characteristic attack of erythromelalgia consists of burning pain in the hands, feet, or both, usually bilateral and symmetrical, with increased skin temperature and redness, occurring at warm ambient temperatures. These evaluations are for the disease as a whole, regardless of the number of extremities involved.

________________________________________________________________________________

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My questions:

Is there anything else I could be doing? I'm so scared their going to come back and say everythings fine and deny my appeal to correct the percentage.

I have a letter from my active duty dr, in my medical record, stating that the attacks occur daily. They last more than two hours, and do not respond to treatment. So how could they have me rated at 30%?

Also, while in the appeals process, I have been granted Social Security Disability due to this condition. If you look at the rating criteria, the diference in 60% and 100% is the ability to perform daily activities. I can't do the most daily activity, work. Should I submit evidence as to the fact that SSD found me disabled? I called today and my appeal is in the DRO's hands. I was told it's been there for atleast the past 5 months.

This is off topic with the VA claims processing, but.... I don't get SSI because they include my VA compensation. I'm rated at 40%. Are they allowed to use this as income? I've seen people on here that are 100%, getting SSD and SSI. What am I doing wrong? I'm only at 40% and can only get SSD?

Thanks for your help in advance. Hopefully someone can point me in the right direction.

[jbasser]

No, If the DRO cannot decide a claim or denies a claim then the next step should be the BVA.

When you received your statement of case from the VA did you complete and send in the form 9 for a traditional appeal?

The DRO should be in contact with you or your representative. If it is in pittsburg then it is not the AMC.

Most likely it will be scheduled for a traveling hearing or video hearing. Ask your VSO to find out exactly where it is and what is going on and have him advise you on the next step for you.

ALso look at the Hadit home page or the VA website to research the BVA and the BVA process. It will help you tremendously.

J

[livingrock21]

jbasser,

This is where it gets kind of goofy.. Lol..

I honestly dont remember sending/faxing/ect a form 9. I do believe I'm on my last appeal for this claim. The first statement of the case was the original. Then I "appealed" that, it was supposed to be a reconsideration. That got denied. I "appealed" again, also supposed to be a reconsideration. I have the letters I sent with reconsideration in bold letters at the top with no mention of appeal in it. The second appeal was partially granted. They agreed on the dx code, but didn't change the percentage(which is also kind of funny, when I call the 1-800 number to this day they ask if I'm talking about the original dx they had listed). Now, I can't remember if I sent another "reconsideration" letter, but they said I sent a form 9. Which I def. don't remember doing. lol.

So, to answer your question, I guess I sent in a form 9. Atleast according to the VA I did. I was never asked if I wanted a BVA court hearing, or a DRO conference. I'm not sure what the next step is because no one can really tell me what process I'm in.

Like I said, when I called the 1-800 number friday, I actually called to see if my SSA evidence was recieved(faxed it in, have the confirmation page). For S#US's and grins, I decided to ask about the status of my claim. They then told me my claim was in Pittsburgh at the Appeals Management. I wish I would have gotten more clarification. My VSO is supposed to be doing something with my claim. He made it sound like there was something right there in Pittsburgh like a STAR review, and he was going to take my claim there. That's why I was wondering about the Appeals Management. Could the local DRO's manager be looking at my claim? Also, when I asked the 1-800 rep if this "appeals management" could make a determination on my claim he said yes.

So, at this point, I'm very confused. I don't know what I should be doing. I don't know who I should be talking to. Nothing. I'm not sure if I should be trusting of my VSO. He def. seems like he has great intentions on helping me, but as far as him really helping, I'm unsure.

Any input, opinions, ect are greatly appreciated! Thanks for all the great help so far everyone. Thanks again jbasser for the information thus far.

[livingrock21]

Any other thoughts on this?

Thanks again for the help thus far..

[deltaj]

Your approval letter from SSD when sent to V.A. is not considered by

V.A. What will be considered by the V.A. rating board, if scrutiny is brought by your service officer and/or a Congressman, is copies of your medical records sent by Social Security to V.A. if you are receiving Social Security Disability for the same condition as your service-connected disability. See 38 CFR 3.156 on new and material evidence.