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livingrock21

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Posts posted by livingrock21

  1. Blood Dyscrasia:

    It is still occasionally used in medical context for an unspecified disorder of the blood. Specifically it is defined in current medicine as a morbid general state resulting from the presence of abnormal material in the blood, usually applied to diseases affecting blood cells or platelets.

    Antimetabolitic agents such as Leucovorin, Methotrexate, etc. may cause blood dyscrasias. Spironolactone (Potassium sparing diuretic), when used as a pro-drug to treat Conn syndrome may cause this side effect. Antiarrythmic drugs such as Tocainide, Phenytoin, and Mexiletine, also causes blood dyscrasis.

    References

    ^ Aphorism 79 or Organon of Medicine by Dr. Samuel Hahnemann

    ^ Stedman's medical dictionary, 6th edition

    This disease article is a stub. You can help Wikipedia by expanding it.

    The most common blood dyscrasia is anemia (Iron deficiency anemia). Fatigue, lethargy, syncope, tachycardia.....................

    You have anemia.........all the symptoms.....including the HBP. The whole nine yards.

    If you'll just see my nurse at the front desk on your way out, she'll fry you up some good old liver and onions...............give her all your money, also.

    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..

  2. 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?

    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)

  3. 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?

  4. 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)

    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..

  5. 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)

  6. It won't matter if you send them the SSA letter or not, because they automatically get it from SSA. Those two organizations share their info. If you find out that the SSA records are of no value, then you need to start thinking of a way to combat the VARO if they try to use it against you.

    Also, how could this be used against me?

  7. could this just be another name for your sc'd condition? Or maybe a analagous diagnosis, since SSDI's qualifying disability table may not list your exact diagnosis?

    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.

  8. 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.

    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.

  9. 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.

  10. 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.

  11. Cowgirl posted this good info under Yoggie's post-

    With this form you might be able to get exactly what you and your rep need from the SSA records.-I imagine just a call to the SSA would have them send this form to you.

    "Oh here it is, the Disability Determination and Transmittal form SSA-831-C3. It specifies the Primary Diagnosis and Secondary Diagnosis, each having their own code no., when the disability began (well for ssa date different than va, more associated with work stoppage)."

    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.

  12. Living Rock

    You said,

    "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."

    IMHO, this will NEVER happen. They just arent gonna "award TDIU" while you are awaiting an appeal. The VA does not "hand out" TDIU like it was a free pen at a bank. TDIU is a highly coveted award where the VEteran is paid at the 100% rate, and it is only awarded after MUCH pain. I have been trying to get TDIU since 2002, even tho I have recieved a "complete grant of benefit sought" by the Board of Veterans Appeals, I have not been able to get it yet.

    To get TDIU you first need to be service connected with one disability at at least 60%, or, a combination of disabilities totalling 70%. Then, you have to proove that you are "unable to maintain or sustain gainfull employment". Most of the time that means you went through 1-2 years of training at Voc Rehab, and your doctor and VA counselor said unaminously that you are unable to complete your voc rehab training due to service connected disabilities. Just because you got both legs blown off in the war, does not mean you cant do ANY job..you would also have to demonstrate WHY you could not retrain and push paper with your wheel chair.

    Saying you will just "get TDIU while waiting on appeal" would be like saying..I think I will just be president of the United States while I am waiting for my unemployment to come through. You have a better chance at winning the lottery. Keep your appeal active and buy a lottery ticket.

    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.

  13. he could have a new C&P and decision within six months -

    hmmmm.... guess we should not hear any more complaining from vets who have requested reopened claims for increases. Keep in mind that only during his initial claim will he fall under the super duper speedy processing. All follow on claims are thrown into the lake with ours so be careful with your wording. It could cause a vet to lose his "not always about the large retro" payment only to find out his or her request for increase is still pending 14 months later and guess what still no C&P either.

    So my question to livingrock what do you mean by 3rd and final appeal? As Shane has provided the DRO process can be quite lenghty. However, at your current point it would be less lenghty than a lenghty new claim followed by a lenghty DRO review. jmho You need to find another SO in your area that can take a look at your claim so they can review all of your medical evidence.

    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.

  14. 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.

    I will add my 2cents worth. Unless I am crazy, you can get SSD (social security disability) and TDIU, because: you were disabled and unable to work from military conditions and you were also disabled and unable to work in your civilian life. I think the confusion may be the different types of VA compensation and also social security. Please correct me but I think its like this:

    VA Pension..needs based..social security is an "offset" to VA pension..if you get $500 per month social security then your VA pension will be reduced by $500.

    VA disability compensation: NOT needs based, but based on level of disability. In theory, you could be 100% disabled but operate a successful busines from a wheelchair and still collect disability compensation.

    VA TDIU..You have to show you are unable to obtain and maintain substantial gainfull employment. So, if you were earning 50 grand a year even if it was from a wheel chair, then you would not be eligible for TDIU, but you would be eligible for disability compensation.

    SSI..needs based... other incomes, such as VA could make you ineligible

    SSD (Social Security Disability) NOT needs based. You paid premiums, while you worked, and were disabled from work and are entitled to this benefit.

    SS (Retirement) Sort of a blend of needs based and not needs based. You paid premiums, but SS counts as income for other things, such as VA pension, etc.

    If someone can correct this, especially with a link showing otherwise, then I will admit I am wrong.

  15. Anyone else have any input as to my questions? Or my options?

    Any, and all input is greatly appreciated.

    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!

  16. Hello Living, do you have current copy of your Cfiles? I havent looked at your other posts, but learned so much when I got mine. Think copy of form 9 should be right there. HOWEVER if your claim is active and you do not have a copy; this isnt a good time to request a copy.

    Next, I have only been here a few years, am not medically trained, just an ole vet trying to get whats due also. Thats my cya.

    My thoughts, A claim for increase with eed well supported. You should be offered Iu.

    I dont knw about Star, you seem proactive, yes ask the vso for help but recall, you are the one needs to get the claim in or worked on. You can get the information, the vso guides.

    Best to ya,

    Cg'up2009

    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.

  17. 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!

    If the rep's idea for a STAR review would work- then I think we would all have reps requesting Stars Reviews.

    If he wants to go this way- great-maybe he is right -BUT

    "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"

    Me too!!!!- I was at the local VAMC one day waiting to see a vet rep I knew for some time as I was going to send a vet's widow to him for help-

    as I waited I could not help hear the vet in his office talking about hoping his rating for PTSD would go up due to his appeal that the rep helped with-then I heard him tell this rep that he just got SSA award for PTSD (Vietnam Vet) and the rep said "interesting" and nothing else.I was shocked that the rep never told him to apply for TDIU-I managed to catch the vet a little while later in the VA parking lot and told him to send in a TDIU form.

    Maybe I was too tough on what I said about your rep-but it is that bell that should have rang- just as you said-

    The earliest effective date for TDIU is the date the VA receives that TDIU form- VA can certainly make a TDIU award-as they did for my husband- using the most favoprable date- but only one year prior to receipt of the TDIU claim.

    I think TDIU claim forms should be filed YESTERDAY-meaning ASAP to protect th date of the EED if the TDIU is awarded.

    But the SSA award must be solely for the same SC claimed condition.

    Many SSA awards consider multiple conditions that determine total disability-

    maybe he just wants to be sure of the award before he considers the TDIU.

  18. 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!!!

  19. 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.

    yes, that is a CUE. It will be a uphill battle, but with the correct information you can win it. You need to first settle the appeal at hand on way or the other. If you have filled out a Form 9, then you are headed to the BVA, and there is nothing a VSO can do to stop it. He is full of bologna. And yes, waiting for your claim to be decided at the BVA will take well over a year, and two to three years is a more likely time frame.

    I still suggest your first action should be to contact the VARO and set up a time to review your C-file. That way you will know exactly what action has been taken by the VA and what you need to do to fight it. You will know right away if your claim has already been forwarded to the BVA. Next, if I needed the money, I would withdraw the appeal, and file a new claim for increase on that particular disability. Then, after I had secured my increase, I would file a CUE claim, based upon misapplication of the regs concerning the dx code, and using the current increased evaluation under the correct dx code as evidence. That should be able to gain you the retro money that you lost by giving up the appeal to seek a quicker monthly income.

    Give this a lot of thought. It is a tough decision to make. You are doing the right thing by asking as many questions as you can and getting as much information as you can before making a hasty decision.

    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!

  20. 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.

    Rental Guy,

    I'm actually on my last appeal. The first appeal was denied completely. The second appeal was partially granted, dx code change. Now I'm on my third and final appeal.

    The funny thing is, they said I filled out a Form 9 and sent it in. I honestly don't remember doing this. I'm glad that it was done, but I'm pretty sure I didn't fill it out. Apparently I requested my claim be forwarded to the BVA.

    I'm just so confused about everything, and what's best. I can def. see where you and MikeR are going with the whole stop appeals process, and file a claim for increase. Which I may do.

    Does anyone think I might have a chance with what the VFW service office wants to do. Basically reconsider on evidence that I can perform daily activities(work) from SS disability? Anyone know of any success stories with STAR review?

    Everyone, thanks for all the help thus far! It's greatly appreciated!

  21. 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.

    A lawyer cannot do anything that you could not do or a VSO could not do. They do not have magical powers to speed things up. All they can do is go before the BVA judge (or the DRO) and argue your side of the claim as it applies to the law. You or a VSO could do that. At this point in your appeal, it would be a waste of your time.

    Concerning the BVA; if you have not filled out and turned in a VA Form 9, then your claim will not go to the BVA. From reading your threads, it seems that you first filed for reconsideration, which changed the dx code, but left the rating the same. Then you filed for a DRO review, which is in the works now. The confusion lies in where exactly you are at this point. I am guessing from your posts that you requested the DRO review sometime prior to April 2007. If this is correct, then your claim could be getting close, or you could still have a year or more to wait.

    If you requested a DRO hearing, then you are waiting on a hearing date to be scheduled. Once this is scheduled, you will still have many months to wait. If you really desire to ride out this appeal, I hope this is the route you have taken. I say this because when you sit in front of the DRO, you can effectively argue your case, and most likely get a new C&P scheduled.

    If you have only requested a DRO review, then you can expect a cut and paste denial. They most likely will not schedule you for a new C&P, and they will deny a increase based upon the same exact reasons the reconsideration denied the increase. If this is the case, then your next step would be to fill our the Form 9 and appeal to the BVA. This, of course, will take years.

    If you formally drop your appeal, in writing, today, the VARO would have that document by next week. Your claim would be ended within a few weeks after that. At that point you can fill out a VA Form 21-4138 requesting a increase in compensation for that one specific condition. They will most likely schedule a new C&P for you, and you could very well have a increased rating on this claim in six months. Again, if you need the monthly income now, that is exactly what I would do. If you have enough money to live on, though, I suggest riding out the appeal as long as that may take. It all boils down to your specific monetary needs at this particular time (or in the forseeable future).

    Just know that there is no magical way to speed up the appeals process, though. A lawyer will not be able to do anything special for you at this point, with the exception of taking a percentage of whatever retro money you may receive several months or years down the road.

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