Still Loosing It, Help Please.

[livingrock21]

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.

_____________________________________________________________________

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.

[poolguy11550]

I'm still wondering what I'm going to do about my claim. I think I'm going to get this form to my VSO and then let him try to do the STAR review. I guess this is my only option..........

A star review is not an option that you have. The STAR review process is strictly an internal action set up within the BVA and only reviews a handful of claims decisions from each R/O for quality control reasons. A veteran cannot request a star review.

[broncovet]

Rentalguy

Thanks for sticking up for me..

There is no penalty for the VARO violating regulations..except to the Veteran. When VARO issues a bad decision, often the Veteran either does not know how, or neglects to appeal it. When the Veteran does appeal it, the VARO errors may not even be "caught" at the BVA level, and it may require still more delays and money to appeal at the CAVC level. In any case the worst that can happen, from the VARO standpoint, is that the Veteran "wins" and they pay the money they should have paid years ago..except they pay it with "inflated" dollars. That is, if you owed me $1000 5 years ago and paid it back to me today, without interest, I would be loosing the purchasing power of the money..$1000 today will buy much less than it would have 5 years ago. However, when I owe the VA money, they charge interest on the money I owe them, for example, for prescription copays.

I have a Vet friend with an appeal pending since 1973..this means, even if he wins, he will still loose the interest his money could have earned for 35 years, since the VA pays no interest, and they pay retro at the rate in 1973, and 1974, and 1975, etc., not at todays rate.

[Berta]

I think STAR reviews are for claims that have been fully developed and are almost reday for decision.

A local vet I helped was finally at the point that we knew the VA owed him a SC award.

They had all of his evidence and there seemed to be no way they could again deny him.

Right at the last minute (he was told to expect his decision very soon)

the VA pulled the so-called Star Review stuff-

delaying his claim once again.

I thought the vet was going to have a heart attack-it had taken him years to even get the VA to read his evidence.

Luckily however the STAR review was over in a matter of a week or maybe two weeks.Then he got his award letter.

I saw right away that in spite of STAR review,(To catch VA errors) the VA had made errors on his award.

I wonder if my claim went to Seattle RO last week for a STAR Review.

It came back fast to the AMC again.?

[poolguy11550]

I think STAR reviews are for claims that have been fully developed and are almost reday for decision............right at the last minute (he was told to expect his decision very soon) the VA pulled the so-called Star Review stuff-delaying his claim once again......................Luckily however the STAR review was over in a matter of a week or maybe two weeks.Then he got his award letter.................. I wonder if my claim went to Seattle RO last week for a STAR Review.

Not really sure how the STAR review process came up in this topic, but a veteran cannot request one and it is fairly unreliable to count on one reversing your claim by random chance. I'd say that a veteran will win the lotto before having his/her decision even reviewed by the STAR review team at all.

My area- which consist of two regional offices, a total of six claims were requested by the STAR review teams last month, three disability decisions and three voc rehab/GI bill/home loan decisions. Disability claims are only forwarded to Nashville and the others go to only D.C.. As I stated before it is strictly an internal process of the VBA.

However, every area does preform their own quality control in a simulair fashion and this is where have some expirence in reviewing decisions from the other R/O. I've seen a handful of serious issues that discovered during this process actually corrected and re-adjudicated in favor of the veteran during this process, but otherwise the normal errors such as failure to apply reasonalbe doubt and the like fall into the abyess somewhere- most likely never corrected.

Both of these quality controll process only apply to desicions allreadly made and not claims still in the first stage of the adjudication process.

[livingrock21]

I'm trying to get through to my local SSA office right now so I can get this form stating what conditions they have me disabled. I hope and pray it's the service connected conditions.

The horrible thing, if I would have been smart and claimed everything I should have, it wouldn't be a factor right now. Now, since I didn't, SSA used my service medical record to find me disabled. All service connected conditions, just not service connected by the VA yet. AAAHHHH!

I'm frustrated at this point. About ready to give up.

[broncovet]

B)

Edited January 26, 2009 by broncovet