livingrock21

Not sure, but I know on other forums if asked to, mods can delete profiles. If bronco vet is correct, he could have asked a mod to delete his account.

Cowgirl, My thoughts are... If I have an appeal that at this point is going to the BVA, unless I try and get the VA to CUE themsleves before my claim is sent there. Why at this stage in the game would he put in a claim for increase. Makes no sense, all it's doing is slowing everything down? I could be totaly wrong, and looking at this all wrong. As, a matter of a fact, I hope I'm looking at it all wrong, and don't know what I'm talking about. Thanks again for all the help guys/gals! You don't know how appreciative I am, my family also.

I tried calling my VSO earlier, and he was "busy"... Just tried calling again around 3:30, and the closed for the day message came over the phone. So, apparently my VSO office at the VARO closes a half hour early everyday. It says right on the message their open till 4. This is so rediculous. I first tried calling at around noon today. It'll be a week from tomorrow that I've been trying to get a hold of him.

Carlie, Thats all very, very true.. If I could get them to go along with it though, I'd have my CUE appeal through within three months. I do have to agree with you though, it'd probably just add to the confusion.

John, I definitely have to agree with you on the ER care. Wish I would have known that before I went there and tried to get care. Maybe it's not like that every where though. Like in my situation, I really think it has to do with all the intern's they have working there in the ER, due to PITT campus being next door. I'd like to think that's the reason anyway. Irreguardless, I wont be recieving any care from the ER anymore.

Carlie, Not exactly what I was hoping to hear about the BDD and my appeal, but was pretty much expecting that answer. Don't know if I should include that in there or not. It couldn't hurt right? As for the spoilation, I'm going to try and get that in my CUE letter. Their def. with holding evidence and using evidence that doesn't even pertain to my claim (wrong C&P exam). I wanted to get this letter done today, and send it to my VSO, but it's not looking like it's going to happen. I tried calling my VSO to talk to him about all this, and he's "busy". He's been out of the office since last thursday.

Excellent information ClownMan, much appreciated. That actually gives me a good feeling. I'm still wondering why my VSO put a claim for increase, even though I already have an appeal going for this condition?? Any ideas? Anyone have any info on my previous questions?

The VAMC here in Pittsburgh is actually pretty good. I've only ran into one problem while being treated here. Granted, it's a very big one, but overall treatment has been good. Actually I take that back. There has only been two problems. The first problem, which is the biggest, is with the pain management clinic. I seen the doc one time. During that appointment, I almost had a heart attack, had a code blue called on me. Since that appointment, I haven't been able to get back in there. I explained to him that my heart rate was up considerably from the anxiety of dealing with the pain, but apparently that doesn't matter. I've been getting the run around from them ever since. He wanted me to be seen by dermatology and rheumatology before comming back. Well, I got that taken care of in a month, and have been trying to get an appointment with a no go. Keeps telling me that I need to be seen by both those clinics even though both those clinics have cleared me. This is borderline malpractice, IMHO. I believe every hospital is supposed to have a patient bill of rights, and this is part of it. Instead of abiding by these rights, they've chose to keep me in pain. Even though I pretty much proved to them that the anxiety from just the thought of the pain is a killer(literaly)? Second problem, which come to think of it really isn't small either. I had multiple kidney stones. I went to the ER with hurendous lower back pain. I was DX with kidney stones, and sent on my way with pain killers. They said I'd pass the stones through my urinary tract. A month goes by of straining my urine. Still no stones. I go back to the ER, and same thing happens. Well for S#@$'s and giggles, I decided to go to a civilian ER. I was admited, and told that I had to have the stones removed imediately or it would damage my kidneys from the blockage(wasn't urinating a lot). The largest ston was 11mm in diameter. I was told the average stone size is between 4-6 mm. They couldn't believe I walked into the hospital. Now, as far as my PCP, and treatment other than these instances has been great. The second instance really has me guessing the ER though. The problem is that the facility is located right next to PITT University. Not even 100ft away. You can only imagine the number of interns that come through that place. Sometimes that can be a good thing, but in that second instance of horrendous treatment it wasnt.

I was just sitting here thinking... This shouls also apply to my CUE claim. If it weren't for them giving me the improper C&P exam, my claim would have been done at my active duty discharge. I wouldn't have had to wait for benefits at all. I took part in the BDD program. Which states you can file your claim 90 days prior to discharge, and recieve benefits at discharge. So, my question is, could I word my CUE in a way to state that they must process my CUE claim under the BDD regulations? If the CUE claim is valid(which it is), then it should also fall under the BDD program. Since, I would have had it done by the BDD regulations in the first place. It sounds dead on to me. What about you guys? I'm sure I could word this CUE correctly to make this possible. I've heard of CUE's going through in three weeks anyway, so this would def. be possible, just kind of a guarantee. Edit--- The BDD program fact sheet says benefits within 60 days of discharge/retirement.

Berta, You confidence put me over the top. I'm working on a letter to send to them. Hopefully I can get done with it tonight so it can be reviewed before I send it tomorrow.. I'm trying here.. I think I'm going to use the format that was already posted on here. It looked very professional. ---EDIT--- Does anyone think I could get aways with using the word "spoilation".. What exactly does that mean in regards to the VA? Sorry for being such an FNG, lol..

timetowinarace, The reasons and basis on both SOC's are the same. They copy and pasted the reason from the origional claim findings. They based everything off the wrong C&P exams.

I'm so frustrated with the VA at this point. I just called the 1-800 number.. I know their usually pretty worthless. I actually got someone that was trying to be helpful. He looked at my appeal, and said it's still at my VARO. Said it was last worked on Feb. 2, 2009 by the DRO. What does this mean? What should I think? Apparently they are going to keep it at Pittsburgh, if not, there would be no reason for a DRO to be working on my claim at this point, right? I sent my form 9 back in Oct. 2008. luvhim, I received my last SOC in Sept. of 08 You guys/gals are the only thing keeping me sane right now!

Cowgirl, I haven't recieved anything since my last statement of the case. It's funny. No one can really tell me exactly where my claim is at, and where it's going. It's still at the RO, I do know that. I've talked to a few dif. people though(mostly 1-800 and one iris message) and have gotten many responses. It is supposed to be at the BVA level, but for what ever reason is stuck at the VARO level. Also, for what ever reason is beyond me, my VSO wants to keep it at the VARO. That's what he tells me he's been working to do? Why? At this point it has to go before the BVA, correct? AGGHH! Thanks everyone..

luvhim, LOL. I get like that sometimes too. The BVA hasn't made a decision yet. The more I think about it though, I don't want them to. Their just going to use the old C&P exam and rate me exactly how they did the last time. I want to get this CUE out now so maybe I can keep this at the RO level. Get a new C&P exam, and finally get a decision on this? Does that sound reasonable? The bad thing is, at this point it'd probably be less time to just let this appeal roll. I'm just concerned what the out come will be. Anyone know on average how long CUE's are taking? Especially when they CUE them selves?

luvHIM, It's in the VASRD. It's been there since '96. There was no reason for the to rate me anologusly. I really do appreciate how thorough you guys/gals are being! It's making me feel more confident about this decision. I really feel like I have a rock solid CUE here.

Hoppy, I actually did cite that the specific diagnosis of erythromelalgia is in my SMR. That's the condition in which I was medically retired from the Navy. For what every reason, the VA decided to list it as something else. My guess is they figured they could rate me lower than with the correct diagnosis. I bet they figured I wouldn't catch on. ---EDIT--- Sorry if that sounded rude. Def. wasn't intended. Thank you for looking at my case in such detail. When I did cite that evidence, it was in the beginning of this post, and it's getting very long... Lol..

Clown Man, It doesn't pertain to my claim. It was for the wrong condition. I did actually get them to admit that with the last appeal(partial grant), they agreed they had me listed under the wrong diagnosis. Can I atleast request them to not use this evidence due to what I just stated? Thanks Clown Man..

Cowgirl, What I meant by final appeal, you can only appeal the same claim three times, as far as I know. That's the way they made it sound in this last statement of the case. Also, as far as I know this appeal has to go before the BVA, if I opted a DRO hearing, or Court hearing. Your great cowgirl, you sure could have fooled me by the "still learning" comment... You def. have yourself together when it comes to the VA!

You know, I was just sitting here thinking. I think a solid CUE on my part would be the fact that they gave me a C&P exam for the wrong condition. The C&P exam that I recieved was for parlysis of the median nerve, and not for Erythromelalgia which are two different conditions. I just realized this by reading my statement of the CASE from the original decision. I looked up the Paralysis of the Median nerve code in the VASRD and in their statement it's listed exactly how it is for that condition. I should have gotten a proper C&P exam. Thing is, if I use this as a CUE, I'm looking at another C&P exam. After a new C&P exam, the decision with take atleast another 6 months. It doesn't get any more solid than that. I just dont want this CUE getting thrown out. AAGGHHH! I think this is the way I'm going to go. Now, I need to find regulation pertaining to this. It seems to me their basing everything off the C&P exam in my case. Their obviously over looking the first page of my SMR that is a memo from my active duty PCP stating condition and relevant facts. What's everyone else think about this? I don't think it could get any more solid. I'd atleast like to have that medical evidence thrown out since it's not relevant. So they can't use it. I was reading on the site Cowgirl listed, and it said the VA can use any evidence in your claim, even if it's obvious mis-information. Thanks for the help guys/gals!

I've been sitting here pretty much this whole evening trying to write a letter asking the VA to que themselves stating the regs that Berta posted here. Hopefully I'll be able to finish it up by tomorrow, and I'll post it on here for review, lol. Maybe you guys can give me some tips. I've also been trying to stick to the format that Carlie posted.

Cowgirl, As much as I don't really want to keep my VSO in the loop, I think your right. It just seems like all my VSO has done for me is actually harm my claim. It's sad, but people around here are so much more educated(as far as VA regs go) than him, or any of the other VSO's in that office. I've often thought about checking out the other VSO's. Timetowin, I def. see what your saying, and that would be definite grounds for a CUE. Even if they said they included the material evidence in their review it's obvious they didn't, or the outcome would have been drastically different. I may scan the memorandum from my active duty PCP so you guys can see what I'm talking about. The piece of information that they seem to keep "forgetting" about. The first page in my SMR. It lists everything needed for the rating criteria, the only thing that's not listed is covered by SSDI. I may be wrong though, if I am, please let me know. Thanks again to all!

You guys are all great.. Berta, I want to give an extra thanks to you. You are such a wonderful person. I see all the help that you've given other vets, and my self. Everyone on here is awesome! I think I have what I need, now I just need to type it up, and submit it. To the VA, I don't think I'm going to give it to my VSO. The VA's still waiting on evidence that he was supposed to turn in three weeks ago, and he's located right at the VARO.

Cowgirl, I believe my VSO already did that. He put in a claim for increase. I'm thinking about withdrawling this though. Everything I've seen on here seems to point to the fact that if you try to open another claim while theres an appeal, it slows things down. I really feel a CUE is my best option right now. If I'm wrong, please correct me. I'm def. the new guy here, and need your guys help. I don't know what I would have done with out you guys. --------EDIT--------- You know, I just re-read your post, maybe I looked at it wrong. Were you trying to help me with a CUE statement?? Sorry for misunderstanding you. -------EDIT AGAIN, LOL-------- The more I look at it, I think you were trying to help me with a CUE.. I'm going to look at it more, I'm sure I'll have more questions. I really think maybe I'm loosing it.

Question to all, I'm positive I'm going to ask the VA to CUE themselves. What I've been thinking about though is what I want them to CUE themselves on. In my appeal, they didn't use the VASRD correctly, and it's a black and white situation. The first page of my SMR states my condition, how often I have flares, duration of them, and the fact that my condition does not respond to treatment. That one single piece of paper states everything that is needed to make a decision about my claim. Apparently they decided not to use that information. The only other criteria in the VASRD is wether it affects daily activity, and the evidence that I'm talking about does not discuss this. So, under the criteria I have listed, I should be rated at either 60% or 100% depending on the effect this condition has on daily activity. I recently(within the last two months) submitted my SSDI information(even though there supposed to share this information automatically, as soon as one or the other makes a decision). So, I should be looking at 100% for this condition. My question is, what regulation states that they must apply the VASRD correctly. I've seen it before, but I'm not sure what or where. I could look also, but I'm not sure where the regulations are located pertaining a CUE. Thanks for the information. I really believe this would be my best shot for a CUE. There are other things I could ask them to CUE them selves over, but I think this would get the best results. Thanks in advance for the information. IT's greatly appreciated.

Scooby, I've thought about getting a lawyer. I wouldn't mind paying 20% of retro, but... I feel like a lawyer would have conflicting interests. I mean, they obviously want to win your case, but on the other hand it doesn't matter how long it takes, as a matter of a fact the longer the better for them. When you enter a contract with them, can you stipulate that if your claim isn't finalized within 6 months, that you can fire them?