GW1 Veteran

Hey all! I won an appeal at the BVA recently separating my sleep disorder (primary insomnia) from my depression/general anxiety disorder rating and the VA told me they had no separate code/rating for it other than the "catch all" rating for all those disorders not assigned an actual rating/diagnostic code. Therefore, all I got wa a 10% rating for a serious sleep disorder that affects my sleep and waking hours daily. So, I was wondering if anyone knows of or has had a rating for a sleep disoder other than sleep apnea (which seems to be the only sleep disorder the VA has a rating/diagnostic code for)???? Thanks! GW1 Veteran

I am 100% schedular and have been on Voc Rehab since 2004. I am down to my last three semesters and will finish at the end of this year with a BS in Criminology (I already got an AAS in Paralegal studies). To date I've been having nothing but the best of luck with my Voc Rehab counselor who basically approves anything and everything I need. I even got an extension to finish at the end of the year because the original counselor who approved my voc rehab didn't appreciate the full details of the university requirements and what it would take time wise to complete it. In addition to that extension, the stipend was approved along with that extension. Computers, software, you name it...I've had it all approved. When I first started voc rehab I was at 80%, then it went to 90% and more than halfway through I got the 100% schedular rating. I was told as long as it was not P&T or IU I would be fine. Otherwise if it were P&T or IU that would be the end of Voc Rehab. Anyhow, I know I've had great luck with my voc rehab and it pains me to read of so many other veterans having problems with theirs. I guess it all boils down to the office and the quality of person who is the voc rehab counselor (e.g. if they are there just to collect a federal paycheck or actually there to assist veterans). GW1 Veteran

Whoah... Taking a quick glance and the information on Sarcoid Arthritis, that is going to be a tough appeal. Did you provide in your appeal a lot of medical data/literature that specified these conditions coexist and that the Sarcoid Arthritis is not a "symptom" of FMS? I know in your response above you said 'co-exist,' is that your use of the term or the VA's? I only ask because for the VA to use it is counterproductive to their own argument. If two conditions are not the cause of the other but are often found to coexist, they are separate medical conditions. Thus, they deserve their own separate rating, which is how the appeal should be argued. :( *sigh* I really wish you the best on this and I'd be curious to know the end result. Hopefully those at the BVA who review your case will be as intelligent and decisive as the one who reviewed and granted my appeal. Fingers crossed! GW1 Veteran

Thanks for the congrats. If I may inquire, what exactly are you appealing to the BVA with regards to your FMS? GW1 Veteran

Oh yeah jbasser, I have; and I even applied for it a little over a year ago and was DENIED thrice. Their reasoning was completely fallacious and unsubstantiated. I'm sure if I hired a lawyer I'd get it given my laundry list of conditions; but hey, that's okay...I will hold onto that egg a little longer and cash it in later for myself (and not pay a lawyer) when they simply cannot deny it (my back condition is getting worse (among others), can't even mow my own lawn anymore, had to hire someone). GW1 Veteran

Nope, not worried at all. A veteran who is 100% schedular can work without reduction in his/her % rating (so say the regulations I've read and come to understand). A veteran cannot be punished for wanting to contribute to society by working despite the 100% rating. The only time work and 100% ratings being reduced come into question is 100% IU; however, the regulations do clearly state that a veteran can still work as long as the pay from that work is below the census poverty line. Unfortunately, some VA offices don't understand that regulation and reduce a veteran's 100% IU rating back to its original rating before IU was granted. Doing such -against regulations- is what really hurts veterans because it takes forever to appeal that mistake; meanwhile the veteran may go into debt or what have you and cause further physical and/or emotional stress and anxiety. GW1 Veteran

Unfortunately, no...I cannot. Hence the need for Voc Rehab towards a desk job; which is the most I can do...however long my degenerative disc disease of the entire spine and chronic muscle spams of in my back allow me to perform. I try hard to ignore the pain and do what I can...but sooner or later it will get the best me. Nevertheless, it will not take me down without a fight helping other veterans get what they deserve! GW1 Veteran

Thanks for the reply! And, thanks for the suggestion. Lord knows it would help my FMS, among other conditions. However, my beautiful wife (who I met on the internet 9 years ago) is Canadian and we're moving to Buffalo, NY (where there is a huge VA hospital) to be closer to -her- home. She sacrificed a lot years ago to move here (the Pacific Northwest) to be with me, so it's time to move closer to her home. However, that doesn't stop us from visiting your neck of the woods (er...water) B)

Hello all! I'm new to this forum as I've spent much of my time at the forums of American Gulf War Veterans Association helping other veterans understand similar issues as my own, and I only recently re-stumbled across this forum. So, I thought I would share the successes that I've had with the VA and the appeals I've filed over the years and won finally reaching a 100% schedular rating. Back in the late 90s I was rated 20% for fibromyalgia (among several other conditions) instead of 40% becayse the VA based that ratings for fibromyalgia (FMS) differentiate between episodic and chronic. Well, I immediately filed a NOD which ended up as an appeal. My entire argument was based on medical facts that clearly categorize FMS as a chronic condition, i.e. there is nothing episodic about it. I provided letters from my spouse and VA primary care physician, in addition to tons of official medical resources outlining the diagnostic requirements for FMS and the medical definition of FMS. In the end, I was granted full benefits sought on appeal and ever since then I've been rated 40% for FMS. Anyone rated at 20% I recommend they appeal that rating for the 40% given the fact that the VA regulations governing the FMS rating is not only outdated but it is factually inconsistent with known medical research and definitions of what FMS is (chronic) and what it is not (episodic). That was my first appeal won on my own at the DRO de novo review level. The next appeal I filed also concerned FMS where the VA lumps in irritable bowel syndrome (IBS) and sleep disorder (primary insomnia) into the same rating. This too is medically inaccurate, as both are coexisting but completely separate chronic conditions. The VA then tried to say my sleep disorder was associated to my depression/generalized anxiety rating, but they were wrong given the fact that my sleep disorder surpassed those conditions into a separate medical condition all its own. I was eventually denied by two different VA regional offices (over a 4+ year span) before it went to the BVA in D.C.; and it only took 3 months (which blew me away as I heard it could take years before a decision is ever reached) at the BVA for them to return a verdict agreeing with my arguments. I provided letters from my spouse, VA primary care physician, statements from the C&P examiner, and tons of medical documentation substantiating my argument. Though it took a little more than 5 years, I won on my own. I maintained my 40% FMS rating and received a 30% rating for IBS and (sadly) 10% for the sleep disorder (apparently the VA does not have a specific diagnostic code/rating for primary insomnia since most ratings lump such a sleep disorder into other ratings - e.g. depression, etc.). So, after 10 long years battling the VA and winning my own NOD's and appeals I finally reached 100% schedular this past year. At present I am on vocational rehab finishing my second degree this year; then I will be back to work early next year. My first degree is an AAS in Paralegal studies and my BA I'm getting at the end of the year is in Criminology/Criminal Justice. My first goal upon graduation is applying for the VA, DVA, and other Veteran service organizations. With my own success and legal background I very much want to be an advocate for veterans filing disability claims; plan B is working either for the police or in family law helping women and children subjected to domestic violence. If plan B, I still plan on volunteering time to any veteran needing help making heads or tails of VA regulations and medical issues as they relate to the codes, laws, and regulations meeting the requirements of such in order to have a better argument towards getting their claim(s) approved. So, we'll see. Anyhow, I just wanted to share my success story. I will take some time to read over the other threads and learn of the good news others have had in getting their claims approved. Thanks! GW1 Veteran