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.

[iraqx2]

LivingRock,

I am sorry that you are going thru this, and at such a young age. I am by means no expert at this either but we all share the same goal.

Sounds like to me that you're frustrated at how the Navy's medical discharge does not mingle well with the VA. You MUST get into the VA system and follow their procedures if you want any chance of an increase. Treat it as a separate process. First off, you have a head start with the medical evidence, which is the most important step to the process. Don't call the counselor, go to the Pittsburg Va center in person. Are you a " Persian Gulf Veteran "? I think you are, regardless if you were on a ship or land, we are at war for the past 5 years. PGW vets might fall under different program. Get registered, get medical help, go to your appointments, but do it all under the VA so they can track you.

Then you file your claim, and wait for the outcome. If you don't agree, you have further options.

As for your schooling, where is your GI Bill? If you are 30%, how come they shot you down for Vo Rehab? That's good that you want to continue your education and the Va should pay for it.

Overall, you must be patient with this system.

Good Luck

[Berta]

I sure hope you definitely made a formal appointment with someone before going to the VARO-

and as someone suggested make sure a rep goes with you if possible-I have been waiting for 2 months for a telephonic conference-with the DRO who has my claim-I know an "appointment" with her would have to take formal hearing request-

"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"

If the VA made a clear and unmistakable error in a decision you can ask them to CUE their decision based on established VA case law (cite it all) and tell them the error they made.

I did this twice-

once many years ago they made an error and corrected it in 3-4 weeks- when I asked them to CUE themselves-

also in Sept 2005 I asked the VSM to CUE a recent DRO decision- the VSM did and called my POA in for a conference with the DRO- to render a new decision-

unfortunately the DRO couldnt read when she made the first decision and still lacked this ability by time of the second decision-

I already have set up way to ask for the next decision to be cued if it again contains legal error-this time my request is going to the VBA too as well as the VARO.

by legal error- I used the DRO job description to get this CUE and in the older CUE I forget what I used-

but I used established VA case law when I called them on rectifying the error and they did-

you asked how to do this-make them CUE themselves-send them a letter or email them via Iris-

I dont recommend the way I asked for the 2005 CUE- I emailed the VSM and DRO via Iris with CC email to my POA and put "What the Hell is This" into the Re: -it produced immediate action-

I do suggest that you get a rep to help you-

my RO knows what to expect out of me-

after 20 years-I dont mince words-and I know them too---

but dont allienate yourself with them-and get a rep on your side.

The Vets Disability Commission recommendations- include VA % awards that are commeasurate with Mil DDisability percents-

Cong. Filner recently said they are working on this as legislation-

I know it isnt fair-mil % can be different from VA %---

but then again-

they are trying to resolve this situation.

[timetowinarace]

Livingrock,

I can't help much with your claim as I don't have any knowledge obout your condition or the rating criteria for it. You have been getting good advice from others about that.

However, after reading your posts, I'd like to make a suggestion and you can take it for what it is worth to you.

It seems to me that your medical condition and the VA process is causing you considerable anxiaty. Mine did/is. I would recomend going to your local Vet Center and talking to a councilor to this end. Just explain your situation and the frustration it is causing you. While they can't do much, if anything, for your claims process, they are used to vet's with this experience and may be able to help ease your stress.

Since this is a claims help site I will throw in that if you are having anxiaty over your medical condition and the frustration of the VA system, you want it documented anyway.

More importantly however, it would seem important to me to get your stress reduced considering your condition.

Just a thought,

Time

[livingrock21]

I went to the RO today down in Pittsburgh today, thats why I dont have any posts as of yet today.

First of all, I want to tahnk everyone for their help, and blessings. I dont know whether to consider today a good day or not. Usually if your undecided and unsure, it probably wasnt that great of a day.

On with the RO counselor visit. I didnt tape it like I should have, the guy seemed nervous enough (a little high strung), and I didnt want to add any stress to the situation. When he first asked me why I was there, I told him I believed I had a CUE case. He looked at me as if he didnt know the acronym, and I started stating the words. As soon as I got to the second word, he knew exactly what I was talking about. He went on to say how they dont get granted very often, ect. (this is before I ever had a chance to explain my situation, actually it was before I ever even gave him my social).. I started explaining my case, pretty much everything I've stated here, and his attitude started changing, as mine did. Everytime I talk or think about any of this, as I've said before, it gets my blood pressure going. I stated all the facts, proved everything to him (I had a copy of the cardiovascular subsection from the VASRD), and he stat there and pondered for a few minutes. He then went on to say, I'm not sure why the examiners would have done this. I said the same thing, and I told him I found my rating code and criteria through google. He then went on and asked him self, I wonder if I can find it. Sure enough the first link that poped up was what I already had printed out. It was at that point he understood my frustration, and went on to say he coulnt believe the examiners over looked this.. At this point I guess he felt bad, and helped me write a statement for my increase/reconsideration that I already have put in the system. He said it should help it move along more quickly. He put stuff such as the criteria for my condition, and helped me dress it up a bit(thought a service officer was only aloud to do that, he actually wrote the statement also, so there wouldnt be any errors). He then went on saying I should add everything that could possibly be in my SMR.

I was feeling pretty decent at this point, after he got done doing all that(it's about 4:30 at this point, and we all know how hard it is to try and get help from a silly villian when their supposed to be off {his office closed @ 4}). I asked him again at this point the faq's about a CUE, and if it pertained to my claim. He said it looked like I would have a pretty good shot, but that I should talk to a service officer (VFW) with help/info on that. Thats pretty much all I got out of him. He almost made it seem like I wouldnt want to go that route, even though I kind of stated what other peoples time frames have been on getting those threw. It really seemed to me like he just didnt want to talk about it.

That just makes one think about how much trouble they must get in(whether it be the examiner, councelors, ect.). Does anyone know if its a big deal? I know one guy on her said that he had a CUE go through in a few weeks, anyone else have any experience at this? At this point I'm going to call a VFW rep's number tomorrow to see about a CUE.

One more thin about that visit today that I left out. He made it sound as if me putting a CUE in would only get the code changed, and the'd be less apt to change the percentage along with it due to the wording of the CUE statement I'd have to write. Well couldnt I state it to where it would address both issues. The diagnostic code, and percentage. They made errors on both. Obviously if they rated me under the wrong diagnostic code, then I have the wrong percentage. Under the diagnostic code I have now (8515, paralysis of the sciatic nerve), it's rated by limb effected, and severity. Under the code(7119, erythromelalgia) I should be rated, it's rated as a whole.

Any insight would be greatly appreciated! I'm still thinking about contacting the media(I sound media happy) if I do fil a CUE. The public should really know about how the VA treats us, and how we have to deal with them (when there's a problem and they want us to fix it, it better be done yesterday. when it's their fault, they'll get to it when they want to get to it).

[livingrock21]

Oh, another thing that really got to me. He said since I put in a request for reconsideration, and they put it in their system as an increase, I would only recieve retro pay from the date of them recieving the faxed reconsideration letter. This is BS! I didnt asked to be rated by the wrong code.

Can someone give me some insight on this (what I should be doing, advice, ect.), please!

[livingrock21]

Oh, another thing that really got to me. He said since I put in a request for reconsideration, and they put it in their system as an increase, I would only recieve retro pay from the date of them recieving the faxed reconsideration letter. This is BS! I didnt asked to be rated by the wrong code.

Can someone give me some insight on this (what I should be doing, advice, ect.), please!