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.

[free_spirit_etc]

Sounds like a plan, except that you can't jump rank... you gotta take each step of the process on the way - you can't just jump straight to court.

It is a LONG process to GET to court. The court won't hear your claim until you have been through the entire process. Yes. You can go to court -- AFTER the NOD, the wait (sometimes a YEAR) for a Statement of Case - and another wait (real long) for them to do a DRO - and issue ANOTHER SOC - so you can APPEAL to the BVA - and WAIT again - a year, or two, or more - and have you case heard and WAIT for a DECISION - and they MIGHT REMAND it BACK to the RO - and you WAIT again - and then it goes BACK to the BVA (you are up to a few years now - or more) and IF the BVA denies you - THEN you can go the COURT.

That's the only game in town that I know of to get to court. You can't jump straight there. I've seen cases where the person has WAITED and WAITED for court - and the court decides they don't have JURISDICTION to hear the case - as the person didn't exhaust the process.

No matter how black and white the case. You can't just JUMP to court.

They would say they don't have jurisdiction and send your case back DOWN. My husband filed when he retired - after a couple of years he FINALLY got on the docket at the BVA - and then he WAITED - and dang! The BVA said that though his medical records showed he was in the Air Force for 28 years..however many days and months -- his file was missing his DD-214.

NOT my husband's fault. He had provided it to the RO SEVERAL times. But they didn't have it in his file for the BVA. THe BVA could have surely got it in a week or two and decided his claim - but NO - they remanded it BACK to the RO - to get the DD-214. My husband sent ANOTHER copy - and then had to wait another period of time to get BACK on the docket.

Court would have been several years down the road.

The only thing I think you MIGHT be able to do to get a change more quickly is to ask the RO to call a CUE on themselves. They can call a CUE on themselves and change the decision if they see it is the result of an obvious error. But if they are calling it the wrong thing - they might be unlikely to do that.

Couple weeks / couple months are all relative terms at the VA. No matter what the error, or whose fault, it takes time to get it straightened out IF you do - sometimes YEARS - and it all has to go through each step of the process.

Anyone getting discharged from the military is GRANTED ONE TIME dental work after discharge (if they didn't receive it within a certain amount of time BEFORE discharge) Black and White - when you are discharged - everything wrong with your teeth at that time - gets fixed ONE time.

My husband asked for dental TREATMENT.

They denied SC PAYMENT - as there was no injury.

He appealed - Yes. No injury. Not asking for paymnent. Asking for my ONE TIME TREATMENT.

after the dd-21 fiasco - finally several years LATER the BVA reviewed the case. They said - the guy is NOT asking for Payment - he is ASKING for TREATMENT - and remanded to the RO.

The RO sent him for an exam. They again denied PAYMENT. THey ignored the part about TREATMENT.

He appealed again. The BVA looked at the record and said - it looks like he might have had dental injury - He MIGHT be entitled to PAYMENT (and didn't mention the treatment). And they remanded it back to the RO again.

This time the RO decided AGAIN against PAYMENT - and the BVA AFFIRMED.

Though the even STATED in the decision that it was not denying the one time DENTAL TREATMENT afforded to a veteran - they did not GRANT it either.

They sent it BACK to the RO who send him another letter that he wasn't entitled to TREATMENT because he was not Sc'd on dental - a WHOLE different matter.

So even things that are black and white can get sucked into limbo.

Free

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!

[Ricky]

As I provided before I understand where you are coming from. All of us was there at one time or another.

The VA benefits system is an administrative system (nightmare!) and one is not capable of having anything reviewed by a court until a final decision has been issued by the BVA. I am sorry but that is the law.

The good thing is that you have calmed down. Now a reconsideration sometimes does take less time than a NOD, however, in order to have them reconsider the claim you must submit new evidence that was not of record when the claim was first considered.

Becareful my friend and always keep in mind that you are dealing with a political, over burdened and in some cases not so well trained system. Based upon your origina post you have received your initial rating decision. You have one year from the date of that decision to provide an Notice of Disagreement (NOD). The dates/timelines in a VA claim are curcial. The reason I mention this is that they may not even acknowledge your request for reconsideration and even if they do it could exceed the 12 month period. If this were to happen you would lose all of your appeallet rights on this paticular claim (if you failed to submit a NOD within the 12 months). However, if you are an OIF or Afgan vet they are trying to process these claims first (political reasons).

Depending on the VARO you are dealing with NODs are currently taking 12 to 24 months to complete and the entire appeals process before you could present anything to a court 3-5 years. Yes that is a long time but it is reality. Not much we can do about it without action by congress and I really do not see that happening cause no congress since the 40's has done anything to improve the system.

Once again I understand your delima and your anger. Just try not to let it get to you for as all will attest to most of the time this initial anger geared towards the VA only hurt us more. I hate to be so negative but this site is here to provide help to all veterans and such issues as you have posed deserve to be met with honest answers based upon fact. Now hopefully they will get to your reconsideration quickly and all will resolve for you in your favor. All of us here will cross our fingers and pray for you and your quest to get your deserved benefits.

Ricky

P.S. try to keep in mind that each and every one of us and the thousands of other veterans out there truly feel that we deserve the benefits we have applied for and none of us know the other guys situation so be kind when you infer that some may not be worthy of the benefits they seek. Just a rule I live by :)

Edited January 24, 2008 by Ricky

[Ricky]

Spirit - our posts crossed. Yes you are right. Usually the classification of a disability (even if wrong) is usually refered to as a difference of opinion. I guess if you had a stroke and they called it ED.......... Nah the VA is always right. :)

[livingrock21]

You guys/gals really are awesome. Everytime I read on of your posts, it calms me down a little bit more. This sounds bad, but I guess knowing I'm not the only one in this boat.

I am an OIF/OEF vet. Hopefully this will help, I hope.

As I stated before, I'm headed to the RO tomorrow to speak with a councelor face to face. I still think I'm going to record the conversation. I guess I'll explain to the person the reason why (differen't story every time I call) before hand. That wouldn't be out of hand right?

I didn't know they could call a CUE on themselves. How would that work? What do I need to do to make/pursuade this happen? As I've stated, I really do think this pertains to me. For some reason, they overlooked my condition in the VASRD. They rated my under a different code. It states in my findings that my condition was not in the VASRD which is false. That sounds like it fits the description of a CUE. Wow, that's what I should be hoping for I guess. In your opinion, how long would you say that would take if they decided to do that? Would it be faster for a NOD?

I'm really appreciative of all the responses so far! Keep them coming please. You all are keeping me saine right now! Thanks again.

[tssnave]

Rock,

Welcome to hadit. I see you're up late and know what that's like so while I don't understand the particulars about your disability, I did want to offer a few words of encouragement about your claim.

When you say you are going to talk to a counselor "tomorrow" I hope you will consider first making sure you do so on a full night's sleep. You are up late and often rational thought goes out the window at 2 in the morning and if you continue to stay up and then charge the VA you will potentially not do yourself or your claim any good. Get a good night's sleep before you head out to the VA. This may sound hokey but I mean it - do yourself a favor and get some shut eye before you tackle the VA with a tape recorder in your hand.

Also, please consider going to the DAV located in your VA office BEFORE you go the to VA office. There is a lot of debate among hadit members who I respect about whether or not to use a vet rep but in my opinion, especially when you are prone to getting really wound up over your claim (as I am and you obviously are) it is good to have an advocate run interference for you.

I got a kick out of Betrayed's "lower your expectations and the VA will meet them" line. Boy, is that accurate. The VA has a backlog of claims in the hundreds of thousands. They do nothing quickly and they very often do it wrong the first time or two. Read any 25 threads on this forum at random and you will read stories from veteran's who have had their claims royally screwed up by the VA. In my case, they initially denied my claim for service connection because "there is no record of your having treatment while in the military" despite my sending in letters from the shrinks who treated me while I was on active duty. It took almost 2 years to get that corrected and then they rated me 50% despite the C&P examiner saying I was 100%. I'm almost 4 years in it and still waiting for my claim to be properly rated. Does it suck - yes, big time. But you have to wrap your mind around the concept that the system doesn't work that well nor does it work that quickly or you will drive yourself crazy.

Now, having said all of that - hadit levels the playing field and folks here will help you out, give you good advice, share their knowledge and experience and quote the regs to you so you'll know what regs to quote back to the VA (the ones they are supposed to be following) and ultimately prevail in your claim.

I will pray for you when I go to bed myself (hopefully soon). I believe in using the VA chain of command open door policy and take my complaints and requests to the real boss! ;-) I am hoping you are standing on the true "living rock". If my prayers or declarations of faith offend you, please forgive me and let me know and I will try to remember to refrain from making similar comments in the future though I will continue to support and encourage you in any other way that I can.

Again, welcome to the board and good luck with your claim,

TS Snave

[cowgirl]

LivingRock, TS nave said it nicely, and I hope TS dosnt mind if I echo your welcome to Hadit LivingRock. A good VSO is helpful at a minimum and maximum 'overseer' regards submitting claims, I research, prepare and preview claims, then go over the details iwith my Vso. Took me a few times to get the correct VSO and many many years to get a fair corrected SC rating because I didnt have knowledge of the VA like Hadit does! Best to ya, cg

Rock,

Welcome to hadit. I see you're up late and know what that's like so while I don't understand the particulars about your disability, I did want to offer a few words of encouragement about your claim.

When you say you are going to talk to a counselor "tomorrow" I hope you will consider first making sure you do so on a full night's sleep. You are up late and often rational thought goes out the window at 2 in the morning and if you continue to stay up and then charge the VA you will potentially not do yourself or your claim any good. Get a good night's sleep before you head out to the VA. This may sound hokey but I mean it - do yourself a favor and get some shut eye before you tackle the VA with a tape recorder in your hand.

Also, please consider going to the DAV located in your VA office BEFORE you go the to VA office. There is a lot of debate among hadit members who I respect about whether or not to use a vet rep but in my opinion, especially when you are prone to getting really wound up over your claim (as I am and you obviously are) it is good to have an advocate run interference for you.

I got a kick out of Betrayed's "lower your expectations and the VA will meet them" line. Boy, is that accurate. The VA has a backlog of claims in the hundreds of thousands. They do nothing quickly and they very often do it wrong the first time or two. Read any 25 threads on this forum at random and you will read stories from veteran's who have had their claims royally screwed up by the VA. In my case, they initially denied my claim for service connection because "there is no record of your having treatment while in the military" despite my sending in letters from the shrinks who treated me while I was on active duty. It took almost 2 years to get that corrected and then they rated me 50% despite the C&P examiner saying I was 100%. I'm almost 4 years in it and still waiting for my claim to be properly rated. Does it suck - yes, big time. But you have to wrap your mind around the concept that the system doesn't work that well nor does it work that quickly or you will drive yourself crazy.

Now, having said all of that - hadit levels the playing field and folks here will help you out, give you good advice, share their knowledge and experience and quote the regs to you so you'll know what regs to quote back to the VA (the ones they are supposed to be following) and ultimately prevail in your claim.

I will pray for you when I go to bed myself (hopefully soon). I believe in using the VA chain of command open door policy and take my complaints and requests to the real boss! ;-) I am hoping you are standing on the true "living rock". If my prayers or declarations of faith offend you, please forgive me and let me know and I will try to remember to refrain from making similar comments in the future though I will continue to support and encourage you in any other way that I can.

Again, welcome to the board and good luck with your claim,

TS Snave