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.

[livingrock21]

You know, the more I read this, the more I think I'd be able to get away with this being service connected. This is exactly how it's worded from SSA.

"YOU ARE CURRENTLY RECIEVING DISABILITY BENEFITS FOR THE DISEASE OF BLOOD AND CHRONIC FATIGUE SYNDROME"

Disease of the blood could go with any of my service connected conditions, most probably the Erythromelalgia (probably put disease of the blood since it's not in their schedular), and the chronic fatigue syndrome(which I've never been diagnosed with) could be secondary to hypertension. As I stated before, I am always exhausted due to my blood pressure and pulse racing. Feels like I'm running a marathon 24/7.

What do you guys think? As I also stated, I could get proof that the only medical opinion SSA used was my SMR.

Opinions?

[rentalguy1]

In this case, we don't want the VA to consider the SSA evidence if we can keep it from happening. But then we fall into the trap of withholding evidence. My best advice is still to find a doctor who can come up with a medical rationale to tie all of this together. If SSA has you disabled due to a condition that isn't even in your medical records, then a VA rater would have a field day with it. It would be his easiest denial of the day.

[livingrock21]

You know, the more I read this, the more I think I'd be able to get away with this being service connected. This is exactly how it's worded from SSA.

"YOU ARE CURRENTLY RECIEVING DISABILITY BENEFITS FOR THE DISEASE OF BLOOD AND CHRONIC FATIGUE SYNDROME"

Disease of the blood could go with any of my service connected conditions, most probably the Erythromelalgia (probably put disease of the blood since it's not in their schedular), and the chronic fatigue syndrome(which I've never been diagnosed with) could be secondary to hypertension. As I stated before, I am always exhausted due to my blood pressure and pulse racing. Feels like I'm running a marathon 24/7.

What do you guys think? As I also stated, I could get proof that the only medical opinion SSA used was my SMR.

Opinions?

Like I said, there is no "DISEASE OF BLOOD" diagnosis. So apparently their talking about a disease of the blood which would be talking about the Erythromelalgia. I was just researching Chronic Fatigue Syndrome and Dr.'s have no clue as to why it occurs, but some Dr.'s agree that it maybe due to hypotension or hypertension. That could play in my favor. I believe I maybe able to get this to go in m favor. Especially with an IMO.

Rentalguy,

I see your point. I dont know how they came up with the Chronic Fatigue Syndrome. That's def. one dx I don't ever remember hearing. Like I stated before, I never had any medical examinations done for SSA. I don't get it. Maybe their examiners tied the fatigue and hypertension together and called it Chronic Fatigue Syndrome. lol. Seems like if an agency can find a way to screw me, they do.

I'm puzzled. I'm trying to be optimistic, but it's getting harder and harder as the time passes. At this point I have no idea what to do, and I really am ready to give up. I'm damned if I do, and def. damned if I don't. B)

[LarryJ]

Blood Dyscrasia:

It is still occasionally used in medical context for an unspecified disorder of the blood. Specifically it is defined in current medicine as a morbid general state resulting from the presence of abnormal material in the blood, usually applied to diseases affecting blood cells or platelets.

Antimetabolitic agents such as Leucovorin, Methotrexate, etc. may cause blood dyscrasias. Spironolactone (Potassium sparing diuretic), when used as a pro-drug to treat Conn syndrome may cause this side effect. Antiarrythmic drugs such as Tocainide, Phenytoin, and Mexiletine, also causes blood dyscrasis.

References

^ Aphorism 79 or Organon of Medicine by Dr. Samuel Hahnemann

^ Stedman's medical dictionary, 6th edition

This disease article is a stub. You can help Wikipedia by expanding it.

The most common blood dyscrasia is anemia (Iron deficiency anemia). Fatigue, lethargy, syncope, tachycardia.....................

You have anemia.........all the symptoms.....including the HBP. The whole nine yards.

If you'll just see my nurse at the front desk on your way out, she'll fry you up some good old liver and onions...............give her all your money, also.

Edited January 27, 2009 by LarryJ

[livingrock21]

Blood Dyscrasia:

It is still occasionally used in medical context for an unspecified disorder of the blood. Specifically it is defined in current medicine as a morbid general state resulting from the presence of abnormal material in the blood, usually applied to diseases affecting blood cells or platelets.

Antimetabolitic agents such as Leucovorin, Methotrexate, etc. may cause blood dyscrasias. Spironolactone (Potassium sparing diuretic), when used as a pro-drug to treat Conn syndrome may cause this side effect. Antiarrythmic drugs such as Tocainide, Phenytoin, and Mexiletine, also causes blood dyscrasis.

References

^ Aphorism 79 or Organon of Medicine by Dr. Samuel Hahnemann

^ Stedman's medical dictionary, 6th edition

This disease article is a stub. You can help Wikipedia by expanding it.

The most common blood dyscrasia is anemia (Iron deficiency anemia). Fatigue, lethargy, syncope, tachycardia.....................

You have anemia.........all the symptoms.....including the HBP. The whole nine yards.

If you'll just see my nurse at the front desk on your way out, she'll fry you up some good old liver and onions...............give her all your money, also.

Haha tehee... I don't know if you were joking, but def. not in the mood. I hope you weren't being serious. I can't stand thinking about this crap anymore. It's got me about over the edge. lol(not a funny laugh, one of those crazy laughs). I don't even know where they got the chronic fatigue. It may say in my medical record that I was tired, but that was from being up all night from inadequate pain control, like right now. Life sucks. I can't afford to provide for my family(can't provide a place to live), have to deal with this crap(claim), can't get anything to go remotely how it's supposed to. I'm trying to be optomistic, but it's hard when your on the brink of divorce due to living conditions. Any avenue that seems like it might be worth taking gets shot down one way or another. I really think I'm just going to give up on my claim. Atleast I wont have the stress of that.

I'm going to call my VSO in the mourning and see if he thinks this evidence from SSA is even worth submitting and doing something with, and if not I'm going to tell him to withdraw my claim.

I surrender to the VA B) ......

Thanks for everything guys and gals.. You guys really have been great..

[Berta]

Are you a Persian Gulf War veteran?

Chronic Fatigue Syndrome if manifested to degree of 10% during first year after service, for PGW vets-can be considered a "qualifying chronic disability". 38 USC 1117

NVLSP makes this point (page 173 of the 2008 edition VBM)

"The authors of this Manual believe that all of the beneficial rules created for veterans of the Persian Gulf War apply to veterans of Operation Iraqi Freedom."

I would think that these rules would apply to ANY vet whose SMRs reveal symptoms of chronic fatigue syndrome and whose symptoms was manifested to at least 10% during first year after service.

VA doesnt know how to connect the 'medical' dots much of the time.

They can relate better to a diagnosis of Chronic Fatigue Syndrome that other more detailed medical terms.

Which might mean the exact same thing-

but the DRO or rater doesnt consider that-

You seem very sure that your SMRS are what the SSA based their decision on.

Please dont give up here at all-

it might just mean that VA needs to know that your SC is directly related to the CFS.