livingrock21

Jbasser, yes, thats exactly what happened.. They only gave me a 60% rating when I tried to get it without the IU, and I did look, they rated me permanent and total in my findings.. Where would I find what their criteria for rating me was, and is.. As far as what their saying is going on.. I want to try and make sure I'm wording that right.. Like where would I find what their saying happens to me.. I know i meet the 100% criteria because I deal with it everyday, but where do I find their statement as far as how many flares I have, duration, ect used for rating me..? Dean, thats just it, I'm only 27.. I'm not saying I can work. I truly dont think I could hold a typical job at all.. I would like to earn my degree though, one just to do it as an achievement. Two, in case they ever would come up with a way to treat what I have instead of just treating the symptoms(which kind of leads me to another question). Three, with the degree I'd be trying to earn(network security), in some cases you can work completely from home and basically create your own work schedule.. So I could possibly try, but cant afford to loose my benefits if it didnt work out.. I did just get medically retired from the navy permanently which is a good thing because of the medical(tricare) benefits.. If I ever HAD to go without my medications even if only for a couple days I'd probably die(literally).. I wouldnt be able to afford all my medications without that pharmacy benefit.. I also receive SSD from social security for the same service related conditions.. To both of you, and/or, anyone, If I try and get them to rate me 100 percent without the IU, is there that possibility of loosing my IU benefits(even being permanent and total, and them giving that to me for just the 7119 erythromelalgia condition) if they would low ball me again?? I know my condition meets the 100 percent criteria, but at the same time I know they could low ball me again.. There are also about 5 or 6 other conditions I need to have service related but have been holding off because I'm not sure how I should go about all this.. Claim them first, do it all in one shot, or not mess with anything at all.. I stated earlier about having another question as far as medications are concerned.. Its getting expensive to see outside doctors. I want to start getting all my medications from the VA. The conditions I'm getting the medications for are all service related, or should be anyway.. Also, with me being 100% theres no cost.. I know I'm only 27, but I already know I'm going to have to be on pain medication for the rest of my life.. Unless they could find a cure, for what I have or a way to treat what i have besides treating the symptoms.. Which pain, is one of them.. Heres the problem though. I've tried to be treated for the pain through the VA before via the pain management clinic at one if the VA hospitals.. Well they were only giving me Vicodin 5 mg which didnt even touch the pain Through an outside pain management provider they prescribe me oxycodone 15mg oxycodone 6 times a day, which allows me to tolerate the pain.. I'd line to get my medications from the va through the VA which I know i can do if I bring the paper script here, but it'd be nice to not have to see an outside provider at all to save money.. Thanks again for your time, help, and patience... I know that was a long post.. -Tyler 100% IU P&T Navy Medically Retired PDRL

Its been a while since I've posted here, so I have some updating to do.. I ended up getting unemployability, for the same condition I just got on the PDRL(permanent disability retired list from the navy). The way the notification letter is worded says that I got TDIU for that condition(erythromelalgia), and that condition only even though I'm rated for other conditions. I have to read back over the notification letter, but if I remember correctly its permanent IU. Now, heres what I need the help with. I should be ratex 100% without the IU. I could understand them doing it that way if there was no 100% rating for that condition. So, should I apply to get it rated right? There are also other conditions I can claim, is it worth me claiming those? The main reason I'd like to get it fixed is because I'd like to use my post 9/11 gibill, and I'd be afraid to use it with the way I'm rated right now.. I payed into it, I should be able to use it. My conditions should be rated right anyway. I couldnt get 100% as of yet without IU, but they have me permanent and 100 percent IU for the same(and only that) condition. Any and all help would be greatly appreciated!!

Berta, Thank you for all the great information. To all, Any one else with any insight, or information that may help? Thanks in advance. Thanks again, Tyler

Everyone, I want to thank you for your quick replies. I only wish I could have gotten back on here sooner. JR, My POA is the VFW. Which I've been talking about changing forever, to the DAV, but havent as of yet. The VFW at my VARO just seems so understaffed. He not only works at the VARO, but another office 50 miles away from the VARO which is actually another 50 miles away from me. I'm pretty sure he's the only representative they have there too. They have like 3 secrataries, and him. Everytime I'm chatted with the DAV at my VARO they seem like they really have their stuff together. We also have county representatives here in PA, but I'm not sure what to think about them. My county was actually the county rep that was investigated about a year back for asking for too much personal information(I dont think they ever proved he was misusing the information). That was also about 5 or 6 reps ago. Which leads to another reason why I'm kind of hesitant on going there for help, their representatives seem like they only ever last about 6-9 months. Sharon, I believe I'm looking at about $16,000. The partial grant has been awaiting final authorization since the 29th of June. The part that I dont understand is everytime I talk to anyone at the 1800 number, their saying that the REMANDED issua of IU is also awaiting authorization. If this is true, then the retro could be a very large check, such as about $70,000. I just dont see them being done with the Remand though. The BVA requested and examination be done, and I haven't even been scheduled for one. Could it be possible that they decided the evidence is overwhelming, and they didn't need an examination since I just had one within the last 6 months? I don't know, I'm not sure. This part kind of has me baffled. oldJoe, I cant ever seem to get my VSO on the phone. I always get his secretary which says she'll leave a message for him to call me back and I dont hear anything. The last time I talked to him, I called 4 days in a row, and on the 4th day I explained that this is the 4th day that I had been trying to talk to Mr. _____. I then demanded to talk to him, whether he was with a client or not. Panamavet, As per your first post, I understand the claims process is lengthy. I'm going on 4 years with this claim. I've made it through the BVA. Got a partial grant and a remand. The part that's super frustrating to me right now is the fact that it's in final authorization awaiting one signature, and it's been there for the past 47 days (it's been in the final authorization stage for 47 days), I know it's been waiting for a single signature for atleast the past two weeks. Berta, Would I send that fast letter to my regional office, or the AMC that's handling both the remand and the partial grant. It's funny becuase on the last page of the BVA letter it said everything would be handled expiditiously. What a joke. Also, I truely am homeless(as I said, by VA terms, I have a roof over my head but it's not stable and could be kicked out at any moment of any day. I'm truely going through financial hardship right now, robbing peter to pay paul, and then turning around and paying peter with pauls money. Should I write a letter of hardship expidition as well? I figure if I have both these letters it might actually draw some sympathy to my case, and maybe they'll actually finish it. I could def be wrong though, and would love your opinions. RSG, I haven't been dealing with them that long, and hope I dont have to fight them that long. I'm def understanding how they operate at this point though. They have one speed, slow. The design to only have that one speed wasn't to keep errors from occuring either, it was just added for humor to the upper chain of command at the VA. To all, If I did nothing. At this point, does anyone have a guestimation on when I would possibly see his money? Also, there are other claims that I've been holding off on filing. I wanted to get these all taken care of before I did that, so it didn't slow everything down(ha lol). Back to the point though, I've heard of "express claims", or "completed claims", or something like that. The veteran has to sign a paper saying that they have, and are turning all evidence in, and the VARO guarantees the claim will be completed within 90days. I've also heard of other similar programs, like same day C&P exam decisions under the same pretenses(veteran says all evidence has been filled), there are a couple other pilot programs going on out there. How do I find out what program my VA office is doing? If I could get a hold of my VSO, he'd probably have some insight to this, but I cant ever get a hold of him. Sorry this is so long everyone. I just wanted to make sure I got everyones question/statements answered. I appreciate all the help so far, and greatly appreciate all the help(opinions/suggestions) I'm getting here. All is welcome. Thank you for your time. Thanks again, Tyler P.S., It wont take me nearly as long to check for replies this time. I'll be on the computer pretty much all day today. So I'll be able to respond quickly.

I got my BVA letter date stamped the 24th of June. I have a partial grant of 60% for the erythromelalgia, and a remand for my IU. Both were sent to the AMC. The partial grant was done on the 29th of june, but has been waiting authorization ever since. I really need this extra money a month and back pay. By VA definition, I'm homeless. I do currently have a roof over my head, but am living with family and cannot afford rent anywhere as of this moment. Once the 60% takes effect for that condition, and I see this backpay, I'll be able to. I'm going through a seperation due to all this. Anyway. Does anyone have any idea of when I might actually see this money? Should I file hardship expidition, maybe then they'll finally give me that final authorization signature. I also read about a fast letter pertaining to this kind of situation. How would I utilize that? Any other ideas or thoughts would greatly be appreciated. I'm desperate at this point. I cant afford to live right now. Also, as far as the IU is concerened their showing it as complete, and awaiting authorization. They show it complete in their system since the 29th of June. For some reason, I just dont see that as being possible. They didn't do an exam, which the BVA wanted. I guess it's possible though since I've had an exam within the last 6 months. What are your thoughts on this. I want to thank everyone in advance for any help you can bring me. All thoughts and input are welcome. Like I said, I'm desperate at this point. Thanks again, Tyler

Philip, I did realize that, I guess I should have stated all that different. Thats why I had applied for it. Thank you for clarifing that. I appreciate all the responses so far. Anyone have any answers to my questions? Thanks again everyone.. Tyler

Thanks for the quick reply Pete.. I wanted to write more when I first posted, but I had to get out the door. My ride was here to pick me up, and I didn't want to make them wait too long. I just re-read that first post, I guess I pretty much asked everything I wanted to. Would anyone happen to know they answers? Thanks in advance guys, you've always been such a big help.

I haven't posted in a long time. I've tried to forget about my appeal all together because for the longest time I was letting it drive me insane, and I'm glad I did due to how long it has taken. I got a partial grant on one condition from 30% to 60%. The SOC that I recieved was dated on the 24th of June. TDIU actually wasnt part of this appeal, but I had another claim in for TDIU that was denied about 4 months ago, and was denied tuely due to the VA flat out lieing. They denied me due to "un-service connected" conditions that I dont even have. It was unbelievable. I technically wasnt elligible for it becuase I was at 40% as a whole. Now I am elligible becuase I have one condition thats 60%. So to make a long story short, the BVA included that, and remanded it for me to the AMC. Well, they made a decision on it on the 29th. A five day turn around which is unbelieveable. I haven't recieved anything yet, supposibly it's in authorization stage. Which is one of the questions that I have. Do all remanded appeals go through the authorization stage(denied and granted)? Supposibly something happened on the 20th of this month. I just have a good feeling that it was approved. I have a feeling that's why they haven't given me the back pay for the increased rating as of yet, I think their going to do it as a whole now. How long does the authorization stage normally take? I guess that's it for now. If there's anything I'm missing please help. I'm looking at probably about 80,000 in back pay if it does get granted. I could really use the money. I'm wondering if I should push the 60% increase issue with the fast letter, or am I probably right and they granted me the IU. Thanks in advance. Tyler Livingston

Hoppy, I completely understand what your saying. I was laying on the couch thinking about all of this. There actually were two times that VA docs seen my flares. Once when I was admitted to the hospitals so they could try to figure out why my blood pressure is so high, and also at an ER visit due to kidney stones. When I was admitted, there aren't really any notes about it though. All it says is I was flared up, barely describes it, and says what kind of pain medicine she gave me for the flare. The ER visit mentions it, but not in detail by any means. Both times I was there for something else. I'm thinking that these doc notes should also help. This is really getting me back over the edge again. Ever since I started having these problems it's been a struggle. First trying to get the docs to believe me, finally being able to prove it to them, being diagnosed with just about everything in the book till they found this diagnosis. It's like everytime I see a new doc... It's like a vicious circle thats never going to end. I can't hardley take this anymore.

Thank you to all! Hoppy, I greatly appreciate all the time you've spent helping me out. I'm going to have to take into consideration all of this. My doc is very understanding about how hard it is to get down there (a little over an hour and a half) in pain. I have pictures, and I could take more recent pictures. I wanted to update everyone, and see what everyone thinks. I talked to my doc today. She said it would not be possible to amend the C&P. She described the exam not to me. The rater left a lot out of reasons and bases. In her note she states all the treatments we have tried, along with all treatments while active that all failed. She also indicated that I couldn't work due to this condition, and described how I have to watch being very physical. The rater completely left these two factors out. Now, she did say in her note that the flares occur atleast once per day lasting 2 hours or more. Here's the kicker though that I really believe is going to help my appeal out. This C&P exam was a double appointment. I was supposed to have an appointment with her one day, and the following day have my C&P. She combined them, but still kept them seperate. She did the routine appointment, and then went right into the C&P exam. In the routine appointment she was asking about some of the things that made me flare, and I was telling her. I had told her about two days prior where I had to cut grass, it was real hot and humid that day, and I ended up flaring up for a day and a half straight. This is in her routine notes. That right there shows them that they "occur more then daily". They would have to give me the benifit of the doubt. Also, as far as me ever being seen while having a flare, I have. Many, many, many times. Just not since I've been off active duty. The doc that diagnosed me let me come in anytime I was flared up so she could see it. At that point, I only lived 10 minutes from the hospital also. My wife didn't work, so she was able to drive me. It was actually kind of funny, she'd want second opinions, and would refer me to a dif dr. Well, it seemed like every time an appointment would come up, I wouldn't be flared. That's just how this condition is. I still need to go down and get a copy of this C&P exam, and also her appointment notes from that day. I called the records department at the VAMC, and they said I could just come down, sign a release and they'd print them out for me on the spot. Taking all of that in. What do I do from here. I have proof they occur more then daily, and the rest of the rating criteria for 100% is already in her C&P notes. Do I submit her not as evidence, along with a letter explaining everything? If I go that route, I will also contact my congressman and let him know about this fudge. He knows(well his assistant) knows how badly they have treated me thus far. That's why everything has been happening so quickly. I truely think I might be able to get this turned around pretty quickly if I just get proactive about it. --EDIT-- In the letter that I would send to them, I would spell out which pages of my SMR's show a doc examining my flares also.

Stretch, I'm def. not trying to jump down the docs throat. I'm sure she would be just as apt to think she may have made a mistake as myself. The other C&P exams I had, the examiner had the rating criteria infront of them. She didn't. Also, I was supposed to have a scheduled appointment with her one day, and the following day the C&P. Well she decided to do both of them the same day. Which I'm not complaining about, and I agreed to, but there was a lot of stuff said. It could have been very easy for her to shorten things up and just say atleast one a day either due to not remembering the other part of the conversation or due to trying to keep the report short. Irreguardless, she's an excellent doc, and she knows that's how I feel. Like I said, I left a message for her on her voicemail asking her to call me back at her earliest convenience. I haven't gotten a copy of my C&P yet, but I may ask her for some of the details, and then go into the specifics about everything. Do you know if it's possible for her to send an updated/amended C&P to the VARO? If there was a mistake, or misunderstanding I don't see why it shouldn't be possible. You were also saying about it possibly being evaded. How would I get this fixed? I can think of one way which has gotten me results thus far, my congressman. I know that the DRO didn't address a lot of the rating criteria in the reasons and bases, but I don't know if that due to it not being in the C&P, or if he felt it didn't need to be included. I'm really looking for a solution to all this madness. Thanks again. Tyler

I found the problem. Now I just need to know what to do, and what my options are. In reasons and bases it says "veteran indicates that the symptoms occur atleast once per day lasting 2 hours or more." Now when she asked me this question, I answered they occur atleast once per day, but often occur more then once per day, and I also told her that one flare can last multiple days. I'm pretty sure since they seen that they automatically put me in the 30% catagory. If you look at the rating criteria in my first post, it says for 60 and 100 % the flares have to occur more than once daily. Now, here's some more food for thought. As I said above, I explained to her atleast once daily, and that's how it's worded. But I also went on to state they can occur more then once a day, and can also last multiple days. If you look at the 100% rating criteria. It states "responds poorly to treatment", mine does not respond to treatment at all. Last more then two hours, it even states in the SSOC that they last "2 hours or more", and mine restrict daily activity (I can't work, play with my kid extensively, or do anything to physical). So, optimally, if I could get her to amend the once per day, to say what I said would be optimal. Even if I couldn't. Shouldn't they rate me at 100% under the "reason of doubt" rule. Their supposed to give the veteran reason of doubt. Even with out my dr. amending the C&P, my symptoms fit the 100% criteria 75% of the way. Even more really since they occur daily also. I could see if I only flared up 3 times a week, but had all the same symptoms why they wouldn't give me reason of doubt, but under these circumstances, I should have gotten it, should I not? I hope this all makes sense to you. I'm 100% sure that's what happened here. What do I do? I want to get this fixed before it goes to the BVA. Do I write the VA a letter? What regs do I use, ect.? You guys have been greaat thus far. Carlie, you were def. right. I cooled off completely, and then found all this. I would have never caught it if I were still in the "heat of the moment". Thanks for the help in advance. Tyler ---EDIT--- Lol.. I kept saying reason of doubt. I meant to say "benifit of doubt". Sorry. I want to leave it in there though. It's actually kind of funny.

Thank you all for the quck responses. Here's truely what I want to do.. I need to know if it's possible.. I want to go back to the C&P doc (my treating physician) and get her to amend this C&P. I'm going to provide the rating criteria to her. Then let her fix the exam. I just need to know if it is possible to do this. If I get the doc to amend it, will the VA then accept it and either grant what I want or provide another SSOC. I need to get this ball rolling as fast as possible. I'm racing against the clock right now. My appeal is going to go back to the certification stage to be sent off to the BVA. I'd request a DRO hearing, but don't want to do that if I can fix it the way that I want to. I truely believe this is the obstical I'm hitting right now. I left a message for the Doc to call me back, it was only an hour and a half before quiting time, so I figure she'll call me tomorrow mourning. After I post this, I'm going to get out the older two SOC's and compare them to this SSOC. I'll prost back within the hour and let you guys know what I find. I've cooled off a lot, it's time to take care of business. I have to take care of business now. Tyler

Carlie, I understand the SSOC completely. The problem is some of the rating criteria isn't even addressed like I said in the previous post (think I was posting while you were). So either the doc or dro messed up, or possibly both. I just need to know if it's possible to get the C&P amended, and re-submited so they can make a decision with the correct information, or I guess I should say with all the information. If not, what are my other options? I'll also be contacting my congressman about this issue again. It's the same thing as it has been. They based everything off a f'd up C&P. Atleast this time the C&P was the correct one, I just don't know if the doc forgot to include some of the rating criteria, or if the DRO didn't address what she included. Thanks for the quick response Carlie. Tyler

You know another thing. The DRO didn't even touch all the bases under reasons and bases. He didn't list all the criteria for my condition. It didn't say either way whether it affected routine daily activity. It didn't say whether treatment is working. As I said, it does restric daily activity (working, playing with kids, physical activity). Also, none of the known treatment has worked, and even the experimental treatment hasn't worked (I'm willing to try anything to help with this condition, and I've made that very clear). Thanks for the help in advance, guys/gals. You all have always been more then helpful before. I just have no idea which direction to head now, and how to do it. I truely think getting this C&P ammended is my only option. I haven't seen the C&P, but if the DRO didn't list any of this other rating criteria, I'm willing to bet it's not in the C&P. My treating physician (one that did the C&P) gave me her business card a while back and told me feel free to contact her. I left a message, and am waiting for her to call me back. If I don't hear anything back today, first thing tomorrow mourning I'll be heading down to the VAMC to get a copy of this C&P so I can know for sure whether she included this information. Irreguardless, even if she did, the DRO still didn't address it. Like I said, she didn't even have the rating criteria infront of her when she did this C&P so I have a feeling she didn't even include it in the Exam. Tyler P.S., any and all help is greatly appreciated.