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.

[tssnave]

Rock,

Good job!

Now, at the risk of sounding like a broken record - please chill out a bit and do NOT, I say again, do NOT go to the media at this point. You have the VA willing to work with you, which is amazing of and in itself so there's no reason to piss them off with threats or actions with the media. Plus, as I understand it, you haven't talked to the VFW or the DAV yet so you have not done everything YOU can do yet so take a breath, take a step back, talk to the DAV or VFW and give what you submited today a while to play out before you do anything. This is my opinion and I am not an elder so take it as advice from someone who's in the trenches with you and is watching out for your back - the blind spots that your understandable frustration and anger make you unable to see.

If, as I understand it, you are within the 1 year time period of your Decision then I don't think it matters if they call it a CUE or an appeal or a reconsideration so long as they make it right. However, having said that, let me caution you, you MUST submit an appeal (even if you did a reconsideration) within the one year time period from the date of your last Decision.

What all, exactly, does the paper say that the VA guy helped you write? Does it say "Reconsideration", "Appeal", and/or "Increase Rating Request"? You only have one year from a Decision to submit an appeal and given the time that it takes for some reconsiderations to be rated you have to watch your deadlines to make sure you don't miss an appeal deadline. Also, depending on where you are in the process, putting in for an increase rating rather than an appeal can screw you out of your effective date. I went back and forth with my former DAV rep who said I should put in a request for increase because it had a better chance of getting through but then I would have lost my earliest effective date since they had rated me incorrectly and I wanted the VA to rate me properly with the correct effective date and I choose to fight for what is correct even if it is a long shot over putting in for something easier to get but without the retro. Now, if I have totally confused you, just ignore what I wrote but do answer my question at the beginning of the paragraph: What all, exactly, does the paper say that the VA guy helped you write? Does it say "Reconsideration", "Appeal", and/or "Increase Rating Request"?

You may be one of the lucky ones who gets his claim done promptly. You are fortunate to be an OEF vet - you guys/gals get to go to the head of the claims processing line for original claims so you may as well benefit from that piece of VA regulation while you can.

Again, good job and getting to the VA and getting your point across. Keep us posted on your progress and let us know exactly what the paper says (I assume you have a copy of it - if not, go back and get one) so we can understand where you are in the process. Also, please confirm that your first Decision was November 2007.

Good luck,

TS

[tssnave]

Rock,

We are posting at the same time so our posts got crossed. If my previous post doesn't answer your question about the difference in a Reconsideration/Appeal/Increase let us know so we can get you squared away on the verbage and consequences of different courses of action. It would be helpful if you would clarify when you submitted your claim (mo/yr), when your Decision was rendered and what the effective date of your claim was, and what you have done to date (reconsideration, request increase, appeal, cue) so members can point you to the right reg and try to help you preserve your Earliest Effective Date (EED).

Have you read Vike's pinned post here on hadit on claims processing? You can look at it and save/print it from this link:

http://www.hadit.com/plugins/p2_news/print...p2_articleid=13

If you have the resources, I strongly suggest you buy the Veteran's Benefit Manual and get both the paper and CD versions. I like the book to make notes in and the CD version to do searches in. You can look at it here:

http://bookstore.lexis.com/bookstore/product/12948.html

Also, if you don't have $260 for this VBM set check out the links at the bottom of that page for just the book or CD. Other vets suggested this resource and aside from my time on hadit, it's been the best thing I've had to understand the VA claims process.

I hope this helps.

TS

[livingrock21]

Taken exactly as it was writen on this statement, "This is in reference to my request to reopen my claim and for reconsideration of my rating for Erythromelalgia..." He wrote it on a form 21-4138(statement in support of claim). I believe this statement was to reinforce the "increase" that I already have in their system, as I stated before I believe they messed up putting in for that increase, I asked for a reconsideration. As a matter of a fact, I have the letter I originaly sent them per the reconsideration. Check it out below.

"To Whom It May Concern:

I strongly believe that I was inappropriately rated, and request a reconsideration of the rating per my erythromelalgia. I was rated by code 8515 which in reality for my condition I should be rated by code 7119. Why I was rated per 8515 is beyond me due to 7119 being present in the VASRD. If 7119 wasn't present then I might agree that the closest code to fit my condition would be 8515. In the rating letter I received, it's stated that my condition had to be rated analogously due to no code being present for my condition which is false.

I would also like to add some medical evidence that may not have been considered for my current rating. I believe it's the first page in my original service medical record. It's a letter from my military "primary care manager" (Dr. ******** that diagnosed & tried treating me with/for erythromelalgia), stating the characteristics of my condition. I continue to have flares daily, which do not respond to treatment. I have been prescribed multiple medications & treatments with no response. The medications that I was, and am currently taking are for the treatment of my hypertension, sinus tachycardia, and for the pain that the erythromelalgia inflicts. The medication doesn't help with the duration, nor does it help with how often I flare up. I am submitting this evidence due to what I 'said' at my QTC examination. In the rating decision I received it states that I said, that I have 300 episodes a year which is not true. I believe when I was asked the question that represents this answer, I was asked to give an estimated number. I stated that I was unsure of a number, and that I had at least one per day. The examiner then asked me again how many times per year I had an episode, and I'm unsure of the number that I stated. Once again, to clear up the characteristics of my attacks, I am submitting this evidence."

I put my claim in while still active duty via the BDD program, so my effective date would be either my release from active duty, or my effective retirement date, which would be 22 or 23 Aug07. I'm not sure exactly what date I recieved my findings, but the date stamped on them was 26Nov07. I put in my request reconsideration(sent the letter above the very same day I recieved my findings).

All I have done to date is file my original claim (both compensation and voc rehab), sent in my letter for reconsideration, and this statement today.

I'm loving the help so far tssnave, really appreciate the help. As I've said before, anyones insight is very welcome!

[Berta]

I hope this guy actually can get things moving for you-

but his advise was good- to get a Service Rep-

Yes-the VA keeps tracks of their own errors and who makes them-

my claim is sitting on the desk of a DRO whose first decision is the one I got the VSM to CUE-

her second decision was even worse-

2 or 3 reps at VA 800# agreed with me that this DRO cannot make the next decision-(It is right in M21-1)so

all I can assume is that she does have to correct her older decision before another DRO decides the claim.

If this DRO had not committed legal error I would have had a proper decision in Sept 2005 when my rep told me he was sure she-the DRO- would grant the claim prior to his conference with her- as the medical evidence raised well beyond relative equipoise.

I have requested an informal telephonic conference with this DRO 3 times and will again today-

I sent in the VCAA election notice in August asking them to decide this claim and enclosed the medical evidence again.

If they dont do it right again-I will again ask them to CUE themselves-

I suggest you get one of the rep orgs with an office right in the same VARO.

I cant tell if you spoke to a real VA claims adjudicator person

or someone from their Public Affairs section-

who usually answers the 800#.

VA has hired new people= yesterday a 800# FNG asked me a bizarre question about my claim-

he said he was a claims counselor -

he asked why I filed a claim since I already get DIC-

I had to explain it all to him- and he then understood it-

in a way- he really isnt a claims counselor yet-he added-still learning-

and said he just learned something from me-on 1151 claims

I think he should just stick to answering the phone-

my point is there are people at the VARO who appear to know what they are doing and seem to want to help-

but I always feel their'help' effort should be double checked.

That is what vet reps are well paid to do.

Edited January 25, 2008 by Berta

[livingrock21]

I contacted the Pittsburgh VFW rep today, and he couldn't help me. My file with the VFW is still down at Roanoke. As soon as I found that out, I asked for the Roanoke Office number, and contacted them.

I spoke with the Roanoke VFW rep, and explained the whole situation. She said she'd have to take a look at my file and get back to me. I'm not sure if she's going to be able to help me. She sounded helpful, but at the same time made it sound like there wasn't much I could do.

Needless to say, I feel like I'm back at square one where I was when I first posted. I'm very frustrated, and like a time bomb right now. I told my wife to stay away right now, and to keep my daughter away. It's not their fault, but with the way I'm feeling right now, I feel like I could just got off at any minute. :o

[Speaking Out]

Needless to say, I feel like I'm back at square one where I was when I first posted. I'm very frustrated, and like a time bomb right now. I told my wife to stay away right now, and to keep my daughter away. It's not their fault, but with the way I'm feeling right now, I feel like I could just got off at any minute. :o