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livingrock21
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Posts posted by livingrock21
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MikeR,
The only thing I'm trying to understand, what would the lawyer actually be doing? Would they help speed up the process? I'm not trying to sound dumb, but I'm def. naive to the situation. Any help on this would be greatly appreciated!
To MikeR again, I do need the money. The retro would be a nice chunk of change though. It would be potentially an increase from 40% to either 70% or 100% and we're talking about atleast 18 months worth at this point. If it's going to be another 6 months regardless if I closed the appeal and filed for increase, then I should continue with the appeal? I think?
Also, a little more tid bit. Any time I called the 1-800 number the said the DRO had my claim. The VFW rep. made it sound like the DRO wouldn't be doing anything with my appeal. He said he wanted to get this SSD info so he could keep the claim at the regional office due to new evidence and then do a STAR review. He was talking about my claim being transferred to the BVA. So if I just left my claim alone at this point, we could be talking about months apon months, correct?
Any input and info is greatly appreciated.
Very confused and frustrated.
I would have to agree with Rental Guy on this one, except with the caveat of how long you have been waiting for the retro. If the retro is 12 months, that's one thing, if it's 5 to 10 or 20 years that is quite another. I don't think it would hurt to at least consult a lawyer that is involved with the VA and deals with them on a contingency fee basis so that it does not cost you anything. That is just an email or a phone call and pretty easily done. -
Any other input?
They now wont give me an exact date that the DRO has had my claim file.
Talked to the VFW rep and he told me to get my SSD documents and send them to him. He said he'd then do a STAR Review, does this sound promising?
Any input is greatly appreciated.
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A couple other things...
Does anyone think it would benefit me to obtain a lawyer?
Should I request an appointment to go to the VARO and view my C-file? My claim is in the DRO's hands, as it has been for atleast the last 4 months. Since the DRO does have it, if I go to view my C-file, is this going to slow the claim down?
Thanks in advance.
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rentalguy1,
I've had that thought that their waiting for me to crack so they dont have to pay me all that retro pay. I just cant see flushing all that money down the drain. We're talking thousands of dollars. I could really use the money. My family and I have been living with family since I got medically retired. We're all loosing it. I'm humble that I have a place to live, and I couldn't do it any other way right now, but living with relatives can really be crazy!
To all:
So I don't think I'm crazy, I really have a chance of winning this right? I'm not just waisting my time. Do you think their trying to crack me?
Any other thoughts on my original post?
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Hello To All Again,
I haven't posted here for a while! I'm still in the same boat and on my last appeal. Here is a link from my original post http://www.hadit.com/forums/index.php?showtopic=15124&hl= .
A little background. I got medically retired from the Navy August of 07. Filed my BDD claim July of 07. Got my findings in Nov. of 07. When I got my findings I immediately saw an error on the VA's part. They rated me per a condition that I didn't have, nor was it even really related. They had me rated under "Paralysis of the median nerve" (unsure of the VASRD code, believe it was 8517). I should have been rated under Erythromelalgia, diagnostic code 7119.
I've been appealing this since. I'm on my third and final appeal and am very discouraged. At one point I thought I was going to recieve help from a VFW Service Officer. He said he would take my claim to the STAR Review, and it would be fixed there. Seemed as though he was going to be very helpful, only to have him come back and say they were no help.
On my last Statement of the case, they agreed they made an error rating me under paralysis of the median nerve and agreed to rate me under erythromelalgia, but didn't change my percentage as they should have.
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Here's an excerpt from the VASRD on this particular condition (this pertains to my questions:
7119 Erythromelalgia:
Characteristic attacks that occur more than once a day, last an average
of more than two hours each, respond poorly to treatment, and that
restrict most routine daily activities.................................................................. 100
Characteristic attacks that occur more than once a day, last an average of
more than two hours each, and respond poorly to treatment, but that
do not restrict most routine daily activities........................................................ 60
Characteristic attacks that occur daily or more often but that respond to
treatment.......................................................................
...................................... 30
Characteristic attacks that occur less than daily but at least three times
a week and that respond to treatment................................................................ 10
Note: For purposes of this section, a characteristic attack of erythromelalgia consists of burning pain in the hands, feet, or both, usually bilateral and symmetrical, with increased skin temperature and redness, occurring at warm ambient temperatures. These evaluations are for the disease as a whole, regardless of the number of extremities involved.
________________________________________________________________________________
_______________
My questions:
Is there anything else I could be doing? I'm so scared their going to come back and say everythings fine and deny my appeal to correct the percentage.
I have a letter from my active duty dr, in my medical record, stating that the attacks occur daily. They last more than two hours, and do not respond to treatment. So how could they have me rated at 30%?
Also, while in the appeals process, I have been granted Social Security Disability due to this condition. If you look at the rating criteria, the diference in 60% and 100% is the ability to perform daily activities. I can't do the most daily activity, work. Should I submit evidence as to the fact that SSD found me disabled? I called today and my appeal is in the DRO's hands. I was told it's been there for atleast the past 5 months.
This is off topic with the VA claims processing, but.... I don't get SSI because they include my VA compensation. I'm rated at 40%. Are they allowed to use this as income? I've seen people on here that are 100%, getting SSD and SSI. What am I doing wrong? I'm only at 40% and can only get SSD?
Thanks for your help in advance. Hopefully someone can point me in the right direction.
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71M10,
Hahaha, I loved the bread crumb comment! I don't think anyone could put it any better than that!
No, I didn't have any back problems. The only other problems I have is hypertension, and sinus tachycardia. Other than that, everything is very minor.
Can you go into more detail about the denovo review by the DRO? How does it work? What would I need to do, ect.?
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Berta,
Thats what I've been trying to do all along, was get the VA to CUE themselves. How would I go about this?
The rep did tell me to fax in a letter of reconsideration, but he also told me that this would be handled in a few short weeks. That was two months ago. They haven't even opened my claim up for review in the increase process.
I just want them to fix their error, that's why this is so frustrating. If I was just asking for more because thats what I felt it should be. Thats one thing, but I never even got the right rating decision in the first place. That probably doesn't make any sense. ERrr. Thanks again guys/gals.
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Ricky and Berta, thank you. As, I stated before, I'm sorry if my comments were comming of the wrong way. I could have worded my posts a lot diferently.
You two have def. helped me understand CUE's better. Sitting here thinking about it though, I still really believe I have a CUE. I understand that CUE's are evidence of law, and not necessarily medical. The thing is, they didn't follow their own laws. I haven't actually read all of this law, but I'm sure it states in there that if a persons condition is in the VASRD, their supposed to rate the person off those criteria, not another conditions criteria.
I have contacted a couple VFW reps. One here in PA where I am living now(their office is in the VARO), and one where I originaly filled my claim (down in Roanoake, VA). They VFW rep here in PA directed me to the Roanoake office because they didn't have my file here. I contacted the Roanoake office and explained the whole situation, and they said they'd get back to me that same day (which was a friday), or the following monday. Still haven't heard anything back from them and it's been a good week and a half.
I def. agree, I shouldn't be going through this process alone, but I just can't get anyone to help. You guys, and this board have been very helpful. I really am very sorry for comming off that way.
Any more help for a salt dog(some of the salt came from being out at sea, most from this whole VA process)? Most probably wont get that joke. Thanks again guys.
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A CUE is a clear unmistakable error. It doesn't get anymore clear and unmistakable. It's also something that would change the outcome of a persons findings or rating decision, check. It fits the whole description of a CUE.
It stated that my condition wasn't in their rating criteria, and they were going to rate me analogously to a similar condition. That's completely false. My condition is in the VASRD. The military rated me under 7119 when they medically retired me! Common, I was thinking I'd get some help here. I'm sorry if that sounds mean, I'm just really frustrated by this whole process, and I dont need any further frustration.
Please help me.
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entropent,
I understand what your saying, but that's not the case. I have documented, by the dr. that diagnosed me with it, daily attacks that interfere with my daily activity. They knew this, and they were trying to get off easier thinking I was ignorant to this process. It doesn't matter in any way, it states in my findings that my condition was not in their rating criteria which is false!
Anyone else have any input.
Ignore my other question pertaining to the job, and voc rehab. I recieved a letter in the mail today to meet with a voc rehab councelor to go over my claim.
Thanks in advance.
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I have another question, that some of you may be able to help me on.
I got medically retired, from the condition that I'm talking about for the CUE. If I'm around a lot of heat, it gets extremely worse, and I was an HT(welder/plumber/firefighter) in the Navy. I put in for Voc Rehab a long time ago, I've done all the testing, I'm just wating to see a councelor which they people at Voc Rehab are telling me could be a while. Well I'm currently unemployed, and collecting unemployment. I just got a job offer welding in the boilermakers union around here. I've had other job offers, but they've all been welding positions. The heat from the welding will be horrible for me, and if I took the position, I'd come home hurting everyday.
My question is, if I took the position welding could there be any repercutions? Since I got medically retired? Unemployment is about to run out, I have to take something to feed the familiy. Voc Rehab is taking their sweet time, they haven't retrained me. The way I look at it, I shouldn't get introuble since they haven't retrained me. If you have any knowledge on this, I'd appreciate help with this also, Please.
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I have another thread here on my claim, but that was a couple weeks ago.
A little about my claim for anyone that doesn't remember anything about my last thread, or didn't see it. I got my findings back in November. I was rated for something other than what I have. It was stated in my findings that they rated me this way because my condition isn't in the VASRD. Thats not the case. I can look my condition up in the VASRD right now, and I can give the diagnostic code for it. There was no reason for them to rate me under the code they did. When I got my findings and read the way they rated me in my findings, I called and asked what I should do to get all this fixed. The claims representitive that I got seemed to be helpful (we all know most arent), and said I needed to fax in a letter of reconsideration. Long story short, they now have my claim in as an increase. I wanted it to be a reconsideration! They haven't gotten one thing right with my claim. I still have the original letter that I faxed them, and it says nothing about an increase. I want to be rated by the right diagnostic code, which would intern increase my percentage.
The military and the va are both supposed to rate under the same criteria, which is the VASRD. Well the military got it right when they medically retired me, so why couldn't the VA get it right, especially since I turned my findings in from the military when I filled my claim. This really is just unbelievable.
So, the more I have thought about all of this, I really feel like I should have a CUE in the system. I want to know what I need to do to get all this in order (what form, what evidence, how to present all this). I'm not sure if it will help or not, but the codition that I have is called erythromelalgia, and it's in the VASRD as diagnostic code 7119. They rated me under paralysis of the median nerve which I believe is rated under diagnostic code 8515.
Please help me, I want to get this filled ASAP, from what I've seen on this forum the turn around on a CUE with good evidence is pretty quick 3-4 weeks. Is that pretty accurate on time? Any help anyone thinks they can give me would be greatly appreciated.
Thanks in advance.
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By the way,
Steve & Pat,
I can't see an outside DR. as it would void my narcotic contract with the VA.
To everyone,
They also said they were putting in a pain management consultation in, and I would here from that in a couple days. I was seen monday, and haven't heard anything as of yet.
Thanks for all the support everyone!
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I'm now loosing it. I'm beyond irritated. Waited till 1am, to get an update from myhealthevet(it was giving me an error message saying I was trying to access it too much, and to wait till 12a.m. cst), still nothing! The clinic I was being seen at told me two meds were pending. What could they be pending on? I don't get it? The other two, they told me had already been sent in the mail, which is a lie because on myhealthevet, under the medications list says they haven't been dispensed. To my knowledge that means they haven't been shipped. Today I didn't feel like leaving the house due to withdrawl(almost worse than dealing with the pain), and fear that if they meds were possibly on the way (yeah right), that I'd miss the mail man and not even know it! This is rediculous.
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I contacted my dr.'s nurse, and their "pending", what the *u** is that? This is outrageous! How could a medical personel (nurse and dr.) live with their consionce (not spelled right) treating people like this.
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Thanks guys, I appreciate the support. Still nothing, I've called the VAMC's pharmacy twice today and their still not in. I'm not sure what else I'm going to do.
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I'm talking to my self, but I need to talk to someone. Still no pain meds listed on myhealthevet. I'm suspecting the dr. still hasn't put them in, so it looks like I'm still SOL. This is horrible, that they feel this is ok. Even if it were overnight delivery, it wouldn't matter, I wouldn't be getting them tomorrow due to the scripts not even being put into the system yet.
So when I call tomorrow to tell them to put them in, and how unacceptable this is. Does anyone think it would be possible for the out patient clinic to put the script in, and me pick my meds up at the VAMC?
Thanks in advance.
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I hate to even think about this, let alone say it... but I'm so ready to give up on the VA. I dont know if anyone reading this seen my other thread under claims, but this experience has been nothing but stress.
This isn't how the VA is meant to be. The ideology behind the VA is so great, it just doesn't happen, and it's mostly inpart because there are a lot of gumbmint (government/federal) employee's that are over paid, and/or lazy(dont feel like doing their job, I worked with quite a few while being active) undertrained.
I'm a hard charging get the *hi* done kind of guy, and this kills me sitting here twiddling my thumbs.
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Anyone else have any insight?
I greatly appreciate all the insight so far! Hopefully tomorrow I'll have them?!
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If their comming via fedex does that mean they will be overnighted?
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an update..
I called my dr.'s burse and she told me that the dr. hadn't ordered the meds yet due to the blood and urine work she had done not being back yet.. She told me she'd be ordering them now, and they would come via fedex due to me having to sign for them..
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I meant to say heading down to the VAMC emergency room.. Sorry about that..
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Well, I just called the dispensing pharmacy for the two meds listed.. They told me the pain medicines aren't even in their system..
. I'm now hitting the withdrawl symptoms pretty bad, and I can't even call the dr. that was giving them to me before now, since I signed that narcotic contract.I just dont know if heading down to the VA pharmacy is going to help either.. Right now I'm at the point of irritability, and feeling like not even moving..
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Would it be possible for me to go down to the VAMC and pick then up, instead of waiting on them in the mail? The VAMC is only about an hour away, and the out patien clinic is about a half hour.
Still Loosing It, Help Please.
in VA Disability Claims Research
Posted
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!