hypertension I'm Loosing It, Please Help.

[livingrock21]

Hello to all,

I've known about this form since I was going to the Military DES, but forgot about it. I never joined until this week, just been kind of browsing around. As the topic states, I really am about to loose it. I know there are people on here that have it worse than I do right now, and I can't even imagine what your going through. I just need some advice on what I should be doing, if I've done everything right so far, what I should be expecting, ect.

Here's my story. I was in the USN up until aug. of last year. I got medically retired from the Navy at 30% for my condition. I'm 23 years old, have extremely high blood pressure (heart attack range), tachycardia, and a condition called erythromelalgia (very rare). Never had any of these problems until about two years ago when they all started happening at once. The Navy service connected them all, but only rated me for the erythromelalgia (due to that being the only unfitting condition).

I filed my va claim via BDD, and got my findings back at the end of last November. When I filled my BDD package, I also put in a claim for Vocational Rehab. I recieved my voc rehab findings back while I was still on terminal leave (about a month, month and a half of claiming). I was excited to see that letter, thought I'd be able to start school last fall(which I would have been eligible). I opened the letter, and found out that off an initial assesment of my medical record, the va was rating me at 0%(not elligible), now school's on hold. As I said I got my findings back in November. I also put in an appeal at that time for my voc rehab hoping to get into school for the spring classes. Yeah right, what made me thing things were going to start going right now. To this day, I'm still waiting to get into see a councelor for voc rehab. Thats the story of the voc rehab. Now on to my findings. I got rated at 10% for my hypertension, 0% for my tachycardia, and 10% for each limb for the erythromelalgia. The last part of the last sentence is the problem. Per the VASRD, my erythromelalgia (code 7119 in VASRD) is rated as a whole, not as seperate limbs. The VA when they rated me rated me under code 8556 I believe, which is paralysis of the median nerve. In the findings, they reasoned that due my condition not being in the VASRD (which is false, I just gave you guys the code for it, and when I called to tell them about this, I gave them the code also). When I contacted them to tell them about all this, I spoke to a real intelligent older gentleman, and he advised me to fax him in a letter of reconsideration. I did, and pretty much everything I stated here, I put in the letter (minus the voc rehab stuff). This was the same day I got my findings back. I found out a couple days ago, that they just reopened (they have it listed as an increase) my case a week or two ago, and haven't done anything with it. This is UNBELIEVABLE! If I were just asking for an increase, and that was it, it should be taking this long. I'm asking them to fix their mistake! Why should I have to pay for their mistake.

Right now, I'm collecting unemployment due to not being able to get a job. Guess what, this runs out in about a month and a half. I can't get a decent job. Due to my condition (erythro), I can't use my skills that I learned in the Navy. I was an HT (welder), and can't be around heat or stress. The only position any employer is willing to hire me as is a welder. I haven't been able to start school yet (wasted a year due to the intial findings, and not being able to get in to see a counselor).

Here's my questions. What are my options right now? Would I be eligible for unemployability? Did I go about all this the right way? Should I be getting a lawyer? Should I contact the media? Help?

I'm really about to have a heart attack from this stress. It's not like one thing has went right with any of my VA experience, EVERYTHING has. It's like the see my name, and their like, "****, Man I'm really going to screw this guy.". LOL, that's how it feels anyway.

Please help me.

[Ron II]

Ref: http://www.hadit.com/forums/index.php?showforum=38

75. What is a CUE claim?

CUE stands for "Clear and Unmistakable Error" in a past VA decision. It is a collateral attack. CUE claims involve three specific facets:

1. Final decision from VARO or the BVA that was never appealed.

2. It involves an error as to the application of the fact or law that existed when the CUE was made.

3. It manifestly would change the outcome of the past claim if successful.

Often a CUE is the only way to recover lost retroactive monies in a decision that was never appealed. CUE claims are not appropriate for medical decisions, a failure of the VA's duty to assist, or a disagreement as to how an adjudicator weighed the facts.

Before attempting to file a CUE claim, a claimant should thoroughly read Section 20.1403 of 38 C.F.R. and also search in the BVA website http://www.hadit.com/bvasearch.htm by putting "CUE granted" into the search button, as these cases will be good examples of what a CUE claims needs in order to succeed.

CUE Example: The VA fails to adjudicate whether a veteran was entitled to SMC in 1997. The veteran accepted the service-connected award for 100% for Diabetes Mellitus and also the veteran had lost a leg due to amputation directly due to the circulation problems of the diabetes in 1995. But, although the loss of leg was stated within the claim, the veteran did not question VA's failure to mention or adjudicate his entitlement to SMC. In 2005, the veteran files a CUE claim stating that SMC is an inferred issue and should have been granted on the medical evidence showing his leg was lost to the service connected diabetes. VA's failure to apply regulations at that time (1997) caused the veteran to lose retroactive monies as well as an additional current SMC award. The outcome of this CUE involves retroactive money, so a proper award under CUE has manifestly changed the outcome of the past 1997 decision.

--------------------

Tbird (Webmaster)

HadIt.com Veteran to Veteran LLC

Edited January 23, 2008 by Manitou Sprgs

[livingrock21]

Thanks Manitou Sprgs.

I really believe I have a case. It doesn't get any more black and white with me. It states in my findings that my condition isn't in the VASRD. So they rated me off a similar condition. That's BS. My condition is in the VASRD and I have the code. I could represent my self. That's all I want done. It's not like I'm asking them to do anything above and beyond. I just want their mistake fixed and I shouldn't have to wait 4-6 months for them to fix it.

Thanks everyone. If I'm wrong, tell me. I really believe I could get this handled quicker in court than I will with the system they have in place. If I did go to court, I would def. contact the media. This is unacceptable, and veterans shouldn't be treated like this.

[john999]

Since it has not been a year yet since you were discharged make sure you claim everything that is wrong with you and I mean everything. After one year from discharge it gets much harder to get service connected. If you are suffering any sort of depression or anxiety due to your SC conditions claim it now. The one year mark is very important. Until you see something in writing from the VA it is not real. They talk a good fight, but if it is not in black and white don't believe them. Anything you give them such as evidence get proof you gave it to them. They have amnesia all the time regarding claims and evidence that gets lost.

[betrayed]

Take what john999 said to heart, long story short I didnt file a claim until 8 months after I retired. Then I didnt claim everything I forgot about some stuff, I thought with 28 years of medical records I was a shoe in with all the crap wrong with me and all the documentation I had. Guess what they made mistake after mistake after mistake. I went to congressman, no help, not much anyway. Not worth trying IMO............anyway get it all claimed right now! And dont file new forms what you want to file is a ammended claim and you can do that by writing them a letter telling them you want to ammend your claim, but here is another trick, write your letter on a statement in support of claim form. It seems like they cant read anything else. NO JOKE! So do it and request to ammend your original claim with every dam thing you can think of that is wrong with you. In the long run I won it all, on the other side it took a hell of a toll on my health and dam near drove me to suicide. So my other advice is settle down, lower your expectations and the VA will meet them. Hey thats gonna be my new signature line~!

[Ricky]

livingrock please clam down a bit before you cause more harm to yourself. We all feel the same about the VA but to expect them to act on a claim in less that two weeks is equilivant to expecting a sure win during the next lotto.

You are so wound up it is making you think irrational at this point. Now we have all been in the same mindset at one point or another but it did not do any of us any good. As all on Hadit will tell you this is a very drawnout process in which one has to maintain a clear mind if they expect to win. We will help you but you should also give your appointed service officer a chance also.

Just to put things in order for you - since you have filed your reconsideration the next step in the process is a NOD if the reconsid fails of if they fail to act on it before the one year NOD period runs out. Once the NOD has been submitted you will have to wait on them to act on it, produce a Statement of the Case and then you can appeal to the Board of Veterans Appeals - then and only then if the board acts on the claim and issues a final decision can you take an issue to the court. However, keep in mind the veterans court is not really there to issue decisions rather their main mission in life is to look a legal issues and remand them back to the BVA for action.

As you can see from reading posts from other Hadit members, we have all been at this battle for several years. It is through that long process that wisdom is gained and each and every Hadit member is willing to pass that wisdom on to you. So Hang in there fellow and slow down a bit so as not to cause any physical harm to your health.

Welcome to Hadit.

[livingrock21]

I really, really appreciate everyones help so far! You guys are great. I've calmed down a little bit for today after reading everyones responses. Keep the responses coming please. Any positive info, help, advice is very helpful!

I think some of you have it wrong though. I have gotten a final decision on my findings (once, just not for my reconsideration). So I should be able to take those findings to court, esp. with this CUE law, which I really feel pertains to me. As I stated before, my case is all black and white, no grey. The VA screwed up, and now I have to pay by waiting for them to fix thier mess. There's no way I could have prevented them from rating me under the wrong code.

Ricky, you were saying it's crazy to think the VA should get my claim done in a couple weeks. It's been a couple months, and their just re-opening it. It should be done by now, esp. considering the conditions.

Betrayed, you know, there was a few conditions I didn't feel the need to claim, but I'm def. rethinking that. The conditions are legit conditions, but I felt like I shouldn't be getting compensation for them. I'm def. rethinking that decision. I know quite a few people that have worked the system over with BS, and had a smother process than I'm going through. Like, I really feel like I'm getting the shaft here. I'm not trying to get anything but what I'm due, like not anything extra. Per the VASRD, and one of the conditions I have, I should get 100 percent for just that condition under that rating criteria. I've always told my self that I didn't want the 100 though, so another vet might be able to get what they deserve easier. Thats not the case anymore, and if I took this to trial, I'd fight for the 100 all the way. Like... I don't know. I'm just that frustrated at this point. I'm heading to the Regional Office tomorrow to get some straight anwsers. I feel like it'll be harder for one of those councelors to BS me face to face and with a tape recorder right there. Thats how I'm going to start conducting all my business with the VA. Then if I ever do go to court, I can also point out how I always get a dif. anwser for the same question.

Sorry if I sounded hostile towards anyone. As I stated before I'm just really frustrated with all this, and any time I think about it I can feel my blood pressure go through the roof.

Thanks again everyone!