livingrock21

Haha tehee... I don't know if you were joking, but def. not in the mood. I hope you weren't being serious. I can't stand thinking about this crap anymore. It's got me about over the edge. lol(not a funny laugh, one of those crazy laughs). I don't even know where they got the chronic fatigue. It may say in my medical record that I was tired, but that was from being up all night from inadequate pain control, like right now. Life sucks. I can't afford to provide for my family(can't provide a place to live), have to deal with this crap(claim), can't get anything to go remotely how it's supposed to. I'm trying to be optomistic, but it's hard when your on the brink of divorce due to living conditions. Any avenue that seems like it might be worth taking gets shot down one way or another. I really think I'm just going to give up on my claim. Atleast I wont have the stress of that. I'm going to call my VSO in the mourning and see if he thinks this evidence from SSA is even worth submitting and doing something with, and if not I'm going to tell him to withdraw my claim. I surrender to the VA B) ...... Thanks for everything guys and gals.. You guys really have been great..

Like I said, there is no "DISEASE OF BLOOD" diagnosis. So apparently their talking about a disease of the blood which would be talking about the Erythromelalgia. I was just researching Chronic Fatigue Syndrome and Dr.'s have no clue as to why it occurs, but some Dr.'s agree that it maybe due to hypotension or hypertension. That could play in my favor. I believe I maybe able to get this to go in m favor. Especially with an IMO. Rentalguy, I see your point. I dont know how they came up with the Chronic Fatigue Syndrome. That's def. one dx I don't ever remember hearing. Like I stated before, I never had any medical examinations done for SSA. I don't get it. Maybe their examiners tied the fatigue and hypertension together and called it Chronic Fatigue Syndrome. lol. Seems like if an agency can find a way to screw me, they do. I'm puzzled. I'm trying to be optimistic, but it's getting harder and harder as the time passes. At this point I have no idea what to do, and I really am ready to give up. I'm damned if I do, and def. damned if I don't. B)

You know, the more I read this, the more I think I'd be able to get away with this being service connected. This is exactly how it's worded from SSA. "YOU ARE CURRENTLY RECIEVING DISABILITY BENEFITS FOR THE DISEASE OF BLOOD AND CHRONIC FATIGUE SYNDROME" Disease of the blood could go with any of my service connected conditions, most probably the Erythromelalgia (probably put disease of the blood since it's not in their schedular), and the chronic fatigue syndrome(which I've never been diagnosed with) could be secondary to hypertension. As I stated before, I am always exhausted due to my blood pressure and pulse racing. Feels like I'm running a marathon 24/7. What do you guys think? As I also stated, I could get proof that the only medical opinion SSA used was my SMR. Opinions?

You know, another thing I find funny, there's no such thing as chronic blood disorder... B) I just spent the last hour googling it.. So apparently, that must be the case. They must have took those three conditions and wrapped them up in one, and called it what they wanted. They may have done that because the DR.'s can't figure out why at 24 that I have severe hypertension and tachycardia..

Another thing, couldn't I say that the blood disorder is secondary to the Erythromelalgia, hypertension, and tachycardia (all circulatory conditions), and the fatigue is secodary to the hypertension (really is, it's like I'm running a marathon all day long while sitting on my a@#)? I may very well be able to use this. That is if they didn't rate me like that analoglously, or due to not having the erythromelalgia in their schedular. Opinions? On any of what I said? Thanks for all the help guys and gals.. Negative or Positive.. Was def. feeling like giving up earlier, but I think maybe this will play into my favor.. B)

Also, how could this be used against me?

That's why I was asking if there is a VASRD for the SSA? The conditions I'm service connected for are Erythromelalgia (7119), hypertension, and tachycardia. The Erythromelalgia is a nerve and circulatory disease. So it could be that their talking about that, just in a broader aspect if it's not listen in their system. I'm hoping and praying that's the case. Hopefully you guys can shed some light on this.

Would it help if I got proof that the only medical evidence they used was my SMR??????

Also, they had to go off my SMR because they didn't even examine me. I'm affraid to fight this though. I can't afford to loose my SSDI.

AAAAAAAAAGGGGGGGGGGGGGHHHHHHHHHHHHH! B) SSA has me listed in their system for Chronic Blood and Fatigue Syndrom?? What the hell is this SJ@#? That's not listed in my medical record. I swear people see my last name and think, hmm... How can we mess this guy up?" Could they have listed my conditions under a broader condition? Esp. if the erythromelalgia isn't listed in their schedule? Is there an SSA VASRD somewhere on the internet? I do, I give up.. I'm ready to close my appeal and forget about all this... I can't deal.

I'm trying to get through to my local SSA office right now so I can get this form stating what conditions they have me disabled. I hope and pray it's the service connected conditions. The horrible thing, if I would have been smart and claimed everything I should have, it wouldn't be a factor right now. Now, since I didn't, SSA used my service medical record to find me disabled. All service connected conditions, just not service connected by the VA yet. AAAHHHH! I'm frustrated at this point. About ready to give up.

So the form that I need from SSA is SSA-831-C3? This will spell out what conditions they awarded SSDI? I'm still wondering what I'm going to do about my claim. I think I'm going to get this form to my VSO and then let him try to do the STAR review. I guess this is my only option. Hopefully all the conditions listed from SSA will be service connected. I'm really second guessing that now. I mean all they used was my Service MEdical Record (no examination on their part), but I'm wondering.

Wondering who's right? Will I get the TDIU since I recieve SSDI, or not? I guess that plays the biggest factor right now as to what I'm going to do.

Clown Man, As I understand, the third appeal is final. It's taken before the BVA and their decision for that appeal sticks. Correct me if I'm wrong, that very well could be the case. I def. understand your perspective about the withdraw of my appeal, as with a few others on here. I'm not sure what the right decision would be, either keep my claim how it is and know it's going to take a while, or withdraw it and possibly have a decision within the next 7 months. Granted that decision may not be one I want to hear. To all, I've still only heard a little bit about the STAR review. Am I pretty much wishing on something that will never happen? Which would be my claim being adjusted by them due to the errors made in my claim to begin with? Has anyone ever heard of any good outcomes with the STAR review proccess? Is my VSO really blowing smoke up my a*#? Lets say I let this appeal roll, and they decided to deny me again. Could I at that point ask them to CUE themselves? Would that get the retro pay I've been waiting on when they would finally fix everything? I'm almost more confused then when I started. *SIGH*. I'm still very appreciative of everyones input. I'm just not sure what route I'm going to take at this point. It's def. seeming like a judgement call, and I don't have the experience to make. It's so unacceptable that VA employee's(the ones that make sure this old and unjust system is still inplace) feel that this is okay. It's really immoral and they are going to hell. I seen a post earlier today that there should be laws against such acts. I feel the same. These people should be put to trial and thrown in jail. Their ruining my life. You could say not physically, but they actually are. At this point I can't afford to put a roof over my family, thank god for relatives. As I've stated many times before, I've about over the ledge to the deep end, so that accounts for the emotional destress. Sorry for the ramble. At this point, the only thing I am clearly going to do is file the form Berta was talking about. The one for TDIU. I was def. unaware I'd be entitled to these benefits since I currently recieve SSD. Thats def. one positive! Still not sure what I would do about everything else. I'm kind of almost leaning towards letting my appeal go and see what happens. Especially if I'd be recieving TDIU in the mean time. Atleast I'd be able to get back on my feet. Thanks again for everyones time. I lookforward to hearing everyones input and opinions on all this.

Any one else have any thoughts or ideas on this situation?

That sounds right to me. I'm disabled(SSD), and since the disability was due to the military(service connected) I should get TDIU. I'm going to fill out that form from Berta, and soon as I find out fo sure that the SSD is comming from the three service connected conditions. Even if not, the only medical evidence they used was my SMR so that should be enough, correct? Probably not in the VA world. Thanks for all your input. Any and all input is def. welcome.

Anyone else have any input as to my questions? Or my options? Any, and all input is greatly appreciated.

No, I don't have a copy of my C-file. Also, I understand what every one is saying that it may be better to withdraw the appeal, and file claim for increase. Then try to get the date pushed back to original claim date due to errors. What is the EED everyone keeps talking about, is that like a CUE? If i were to go this route, I think that's how I would do it. Request the VA CUE them selves for the effectiveness date. lol. I think I maybe have just answered my question. The EED has something to do with the Effective date? I really am trying to learn and understand. Thank you all for being there for me, and helping me through this! I've said it once or twice already, but you guys really are awesome.

Also, what is the P&T of 100% P&T? Would I be eligible? Is it more than just 100%? lol.. I'm learning, but am also very much still new to the proccess(only been in it for a little over a year and a half). Thank you.

Berta, The SSD has to be from service connected disabilities. I believe it's primarly for the erythromelalgia, but may also be partly from my hypertension and tachycardia also (all three service connected). Irreguardless, the only medical evidence SSA had to make their determination was my Service Medical Record. They didn't even examine me, just granted it. They could have also requested info from the VAMC and VA out patient clinic I see, but it's all service connected. I want to see what SSA specifically has it for though. To do that, I have to go into my local office and get a letter from them stating what they have me listed as. The only thing I'm worried about, and as far as I'm concerned shouldn't be the case. Like an idiot, there are a lot more things I can claim in my SMR. I know when I filled out my application for SSA I only put those three things, but they could have thumbed through and listed alot of other conditions in my medical record, that I haven't claimed yet. I still plan on it(claiming all the other stuff in my medical record). Like I said, I was dumb and naive when I filed originally filed my claim. I had a DAV rep thumb through my medical record and said what I should and shouldn't claim. Like I said, I'm pretty confident it would go in my favor, as the VA would be able to see that the only evidence SSA used was my service medical records. Opinions? Also, about the STAR review. I may not go this route for a few reasons. Most of yun'z(pittsburgh talk for y'all) think it isn't worth it. I haven't heard any positives about it. I also can't really find any info about it on here, so more likely than not it isn't going to work. It sounded good when my VSO told me about it, he made it sound like a VA quality and assurance program that can decide a claim on the spot if it verifies there is a clear error. He made it sound like it wouldn't take long. Any opinions as to if I can claim TDIU while this appeal is in process? Would I have to withdraw my appeal? Thanks again, you guys really are great!

Ahhh... was just typing a response and lost it due to spelling check. Berta, If i could get this TDIU rolling that'd be great. Atleast it would help with the economic hardship I'm in right now. Can I do this while I have the appeal in? How does that work? Would the claim have to be final first? Should I try to get TDIU through my VSO. He never mentioned it, but if I mention it to him, maybe he'll do it? I would have thought as soon as I mentioned getting SSD a bell would have went off in his head if I was elligible for TDIU. I believe you as far as the regs, I want to believe you anyway. Does eveyone else agree also? To all, Should I wait to see if the STAR review would pan out before withdrawling my appeal? MY VSO said if I can get the SSA documentation to him, it would be enough for him to make the VA "reconsider my claim", and while it was being reconsidered he could take it to the STAR review that's in the building. What's the usual out come of the STAR review. Time frames? Anything else I need to know about the STAR review. Thank you all. You really are great!!!

It's the Pittsburgh VARO.

You guys are awesome!!!! Def. helping, and easing my mind! Rental guy, I'm def. taking everything you said into consideration. Need to discuss everything with the wife, but this maybe the route I take. Berta, I haven't yet got the SSA documentation to the VA. My Navy dr.'s statement was the first page of my SMR, so they should have taken it into consideration, but apparently didn't. Also, I don't think I'm allowed to recieve TDIU due to their low ball rating. I'm only at 40%. Which is unbelievable, but fact. SSA had the same records (SMR) as the VA, and granted me SSD. How is this possible? It shouldn't be. I know they fall under different rating systems, but SSD is supposibly harder to get from what I hear. To all, Should I wait and see if this STAR review pans out before I'd possibly disregard my appeal? Since my VSO would be able to get a "reconsideration" with the SSA evidence, wouldn't that be a viable option also? How long does the STAR review process usually take? Anyone know? My VSO made it sounds like it could be done in weeks once I'd get the SSA information to him. I couldn't get an appointment to get this information from SSA until the 14th of Febuary. I may just go in with out an appointment and talk to a representative. I'll have to sit there for a while, but would probably be able to get the info. The woman that originally did my SSA claim was very helpful, and told me if I ever needed anything to come visit her(her husband was also a Ret. Navy Vet). Thanks again for all the great info so far!

Couldn't I base the CUE off of the fact that they never had the DX code right? Which led to incorrect C&P exams, which lead to incorrect percentages.

Another thing, if I just let my claim ride out(continue to BVA), I'd be possibly waiting for years? From the information I provided. Claim screw up on the VA's part. They admitedly screwed up on DX code. Obviously percentages aren't going to match from one DX code to another. Could I possibly have a CUE on my hands? Wouldn't it be worth a shot? Along with my Service officer doing a STAR Review. My head feels like it's about to explode. If it weren't for you guys, I'd already be off the deep end.