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.

[rentalguy1]

If you need the money in a hurry, then I would drop the appeal, and then file a claim for increase on that specific condition. You will get faster results that way, but you will lose any retro money that you would get if you wait another year (or more) on a an appeal to be settled. Either way, they are going to need to get another C&P to determine the current level of disability, so you should start reading up on that information.

Yes, VA disability is counted when applying for SSI. I don't know of anyone receiving SSI and 100% from the VA. The only way I can think of this happening is if the veteran's spouse made very little money and they had a house full of kids.

[livingrock21]

rentalguy1,

I've had that thought that their waiting for me to crack so they dont have to pay me all that retro pay. I just cant see flushing all that money down the drain. We're talking thousands of dollars. I could really use the money. My family and I have been living with family since I got medically retired. We're all loosing it. I'm humble that I have a place to live, and I couldn't do it any other way right now, but living with relatives can really be crazy!

To all:

So I don't think I'm crazy, I really have a chance of winning this right? I'm not just waisting my time. Do you think their trying to crack me?

Any other thoughts on my original post?

[Ricky]

If you need the money in a hurry, then I would drop the appeal, and then file a claim for increase on that specific condition. You will get faster results that way, but you will lose any retro money that you would get if you wait another year (or more) on a an appeal to be settled. Either way, they are going to need to get another C&P to determine the current level of disability, so you should start reading up on that information.

Yes, VA disability is counted when applying for SSI. I don't know of anyone receiving SSI and 100% from the VA. The only way I can think of this happening is if the veteran's spouse made very little money and they had a house full of kids.

Why on earth would you recommend that anyone that has been in the claims process as long as this veteran has drop their appeal????? He already has a portion of it fixed in that he now has the appropriate disability rating code. Very, very bad advise. A more productive recommendation would be to obtain a new IMO or update older ones or obtain any other medical evidence available to support his claim and submit it to the VA. jmho

[livingrock21]

A couple other things...

Does anyone think it would benefit me to obtain a lawyer?

Should I request an appointment to go to the VARO and view my C-file? My claim is in the DRO's hands, as it has been for atleast the last 4 months. Since the DRO does have it, if I go to view my C-file, is this going to slow the claim down?

Thanks in advance.

[Ricky]

A couple other things...

Does anyone think it would benefit me to obtain a lawyer?

Should I request an appointment to go to the VARO and view my C-file? My claim is in the DRO's hands, as it has been for atleast the last 4 months. Since the DRO does have it, if I go to view my C-file, is this going to slow the claim down?

Thanks in advance.

The lawyer is a toss up - jmho

Reviewing your Cfile will not slow the process. Please keep in mind that when they tell you your appeal/file is with the DRO it is actually in a file room waiting its turn. Once the DRO pulls the file to make a decision it normally will only be with him/her for a very, very short time. Most have to review and rate 5-8 claims a day so your claim will be with him/her for maybe 1-2 hours.

[gdsnide]

rentalguy1,

I've had that thought that their waiting for me to crack so they dont have to pay me all that retro pay. I just cant see flushing all that money down the drain. We're talking thousands of dollars. I could really use the money. My family and I have been living with family since I got medically retired. We're all loosing it. I'm humble that I have a place to live, and I couldn't do it any other way right now, but living with relatives can really be crazy!

To all:

So I don't think I'm crazy, I really have a chance of winning this right? I'm not just waisting my time. Do you think their trying to crack me?

Any other thoughts on my original post?

Get a lawyer

GARY