hypertension I'm Loosing It, Please Help.

[livingrock21]

Hello to all,

I've known about this form since I was going to the Military DES, but forgot about it. I never joined until this week, just been kind of browsing around. As the topic states, I really am about to loose it. I know there are people on here that have it worse than I do right now, and I can't even imagine what your going through. I just need some advice on what I should be doing, if I've done everything right so far, what I should be expecting, ect.

Here's my story. I was in the USN up until aug. of last year. I got medically retired from the Navy at 30% for my condition. I'm 23 years old, have extremely high blood pressure (heart attack range), tachycardia, and a condition called erythromelalgia (very rare). Never had any of these problems until about two years ago when they all started happening at once. The Navy service connected them all, but only rated me for the erythromelalgia (due to that being the only unfitting condition).

I filed my va claim via BDD, and got my findings back at the end of last November. When I filled my BDD package, I also put in a claim for Vocational Rehab. I recieved my voc rehab findings back while I was still on terminal leave (about a month, month and a half of claiming). I was excited to see that letter, thought I'd be able to start school last fall(which I would have been eligible). I opened the letter, and found out that off an initial assesment of my medical record, the va was rating me at 0%(not elligible), now school's on hold. As I said I got my findings back in November. I also put in an appeal at that time for my voc rehab hoping to get into school for the spring classes. Yeah right, what made me thing things were going to start going right now. To this day, I'm still waiting to get into see a councelor for voc rehab. Thats the story of the voc rehab. Now on to my findings. I got rated at 10% for my hypertension, 0% for my tachycardia, and 10% for each limb for the erythromelalgia. The last part of the last sentence is the problem. Per the VASRD, my erythromelalgia (code 7119 in VASRD) is rated as a whole, not as seperate limbs. The VA when they rated me rated me under code 8556 I believe, which is paralysis of the median nerve. In the findings, they reasoned that due my condition not being in the VASRD (which is false, I just gave you guys the code for it, and when I called to tell them about this, I gave them the code also). When I contacted them to tell them about all this, I spoke to a real intelligent older gentleman, and he advised me to fax him in a letter of reconsideration. I did, and pretty much everything I stated here, I put in the letter (minus the voc rehab stuff). This was the same day I got my findings back. I found out a couple days ago, that they just reopened (they have it listed as an increase) my case a week or two ago, and haven't done anything with it. This is UNBELIEVABLE! If I were just asking for an increase, and that was it, it should be taking this long. I'm asking them to fix their mistake! Why should I have to pay for their mistake.

Right now, I'm collecting unemployment due to not being able to get a job. Guess what, this runs out in about a month and a half. I can't get a decent job. Due to my condition (erythro), I can't use my skills that I learned in the Navy. I was an HT (welder), and can't be around heat or stress. The only position any employer is willing to hire me as is a welder. I haven't been able to start school yet (wasted a year due to the intial findings, and not being able to get in to see a counselor).

Here's my questions. What are my options right now? Would I be eligible for unemployability? Did I go about all this the right way? Should I be getting a lawyer? Should I contact the media? Help?

I'm really about to have a heart attack from this stress. It's not like one thing has went right with any of my VA experience, EVERYTHING has. It's like the see my name, and their like, "****, Man I'm really going to screw this guy.". LOL, that's how it feels anyway.

Please help me.

[john999]

If you can't work due to your SC conditions put in the paperwork for TDIU. You probably need a medical opinion to rectify all these mistakes and to say that your condition is so bad that you are unable to work. You could also put in for social security disability but wait until the unemployment insurance runs out since if you are getting unemployment insurance you are saying you are able and ready to work. This is all going to take a while so is there some place you can live and eat while you wait for the wheels to turn? Because your percentage ratings are low you are going to be in for a fight. What is your combined rating?

[free_spirit_etc]

Hi. Welcome to the group. I am sorry I can't be of much help because I don't understand the medical discharge process and how that interplays with VA disability much.

Some members understand it a little better and may be able to help you more.

Two weeks is record speed for the VA to do anything in my book. Many of us pay for many of their mistakes - and it takes time to get paid back. Even if they do make a mistake, they don't speed things up because of that. It's more of a take a number and stand in line type system.

You could try for unemmployability - but I think that will take some time to develop and even longer to win. I think it would have to go beyond being unemployable as a welder.

Good luck!

Free

[Speaking Out]

You have come to the right place. Where are you located? Do you have a Service officer helping you or are you doing this on your own?

[livingrock21]

I'm at 40% as of right now, but once my claim is ajusted, according to the vasrd (based off symptoms), I should be looking at about 70 to 100.

I'm currently doing this on my own. I have the VFW listed as my service orginization, but haven't utilized them.

I really just dont know what the next step is, and I need to figure it out. I really am considering a lawyer, and contacting the media. Any time you hear of a vet doing that, the wheels magically turn a million times faster.

Any time I call and talk to a VA counselor, I get a different story. None of them know what their doing, and if they know anything about there job, it's specific. They know specific areas, but can only help you with that. The bad thing is, most of them are willing to admit that. That should tell you something right there. I've thought about recording my conversations with them. Would I have to let them know that I'm recording the conversation if I wanted it to be admitable in court? It really is rediculous the anwsers I get, and it really is different everytime I call in. Yesterday, they told me my claim would be done in a couple weeks, today I called in and they told me to expect another 9-12 months.

I'm sorry for getting hostile, I'm just realy frustrated. I appreciate the input so far, if anyone else can help me out and give me advice, I'd also greatly appreciate it.

By the way, I'm located outside of Pittsburgh, Pa.

[livingrock21]

Also, can some one explain a CUE to me? I believe that may pertain to me. Thanks again.

[livingrock21]

I found the definition of a "CUE", and if deff. pertains to me. He's the deffinition from a judge in a case.

Clear and unmistakable error is a very specific and rare kind

of error. It is the kind of error, of fact or of law, that

when called to the attention of later reviewers compels the

conclusion, to which reasonable minds could not differ, that

the result would have been manifestly different but for the

error. Generally, either the correct facts, as they were

known at the time, were not before the Board, or the

statutory and regulatory provisions extant at the time were

incorrectly applied. 38 C.F.R.

§ 20.1403(a).

....

So I could def. take this to court if not resolved here soon. So if I start doing some threatning, I should have this handled correctly.

If what I'm talking about weren't so black and white, then I'd calm down a little bit. Why should I have to pay for them screwing up. Not once, but twice. With my compensation, and voc rehab. I've wasted a year of schooling that I could have gotten out of the way. I've had to deal with moronic VA "councilor's" (on the phone a coulple times a week).. It's just getting out of hand. If I were trying to work the system over like I've seen a lot of people do, and get away with. That's one thing, I just want what I'm due.