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.

[broncovet]

Although I feel Rentalguy does very good research, and has excellent posts, I respectfully disagree with his statement that suggests that the VA and Social Security share records and will automatically have a copy of your SSD statement, and its accompanying conditions because, there have been Vets on here who have TRIED to get the VA to consider their SSD and apparently they sent the VA the SSD records, and the VA cant find a record of them. If the "communication link" between the VA and the SSI was that good, it would appear that would be unnecessary. In my case, I have been trying, so far unsuccessfully so, to get the VA to consider my SSD in my TDIU case. I have not yet sent them a copy of my SSD approval, however, I think I will do just that. As I mentioned, if that VA-SSI link was that good, it should not be necessary.

I do feel the VA can and does go "evidence shopping"..and locate, consider, and cite in a decision EVIDENCE that supports their pre-conceived conclusions in your case, while "forgetting" to order a report on any evidence that may not support their position. The VA has already been accused of "physicain shopping" to find a doc that agrees with their position, so why stop there? Why not evidence shop?

IN THEORY the VA and SSI may share records, but IN PRACTICE it would appear that the VA SSI link is "weak" at best, and, in some circumstances non-Existant.

Now, that does not mean I am recommending telling SSI one thing, and telling the VA something different..absolutely not. They have prison cells for people who have done that.

However, UNLESS they ASK you for this, I do not recommend volunteering information that could "hurt" your case. To repeat: IMHO if your SSD report shows SC conditions, send it to them. If not, do not send it. At a very minimum, it would not bring to their attention something that may hurt your case that they may have previously overlooked. The Supreme court has ruled that a person is not required to testify against themself, and may plead the fifth amendmendment which says something like, "Sir, I refuse to answer that question on the grounds that it may tend to incriminate me."

Edited January 27, 2009 by broncovet

[mrsvet28]

Although I feel Rentalguy does very good research, and has excellent posts, I respectfully disagree with his statement that suggests that the VA and Social Security share records and will automatically have a copy of your SSD statement, and its accompanying conditions because, there have been Vets on here who have TRIED to get the VA to consider their SSD and apparently they sent the VA the SSD records, and the VA cant find a record of them. If the "communication link" between the VA and the SSI was that good, it would appear that would be unnecessary. In my case, I have been trying, so far unsuccessfully so, to get the VA to consider my SSD in my TDIU case. I have not yet sent them a copy of my SSD approval, however, I think I will do just that. As I mentioned, if that VA-SSI link was that good, it should not be necessary.

I do feel the VA can and does go "evidence shopping"..and locate, consider, and cite in a decision EVIDENCE that supports their pre-conceived conclusions in your case, while "forgetting" to order a report on any evidence that may not support their position. The VA has already been accused of "physicain shopping" to find a doc that agrees with their position, so why stop there? Why not evidence shop?

I agree with just read all my posts and downloads-Mrs. Vet

IN THEORY the VA and SSI may share records, but IN PRACTICE it would appear that the VA SSI link is "weak" at best, and, in some circumstances non-Existant.

Now, that does not mean I am recommending telling SSI one thing, and telling the VA something different..absolutely not. They have prison cells for people who have done that.

However, UNLESS they ASK you for this, I do not recommend volunteering information that could "hurt" your case. To repeat: IMHO if your SSD report shows SC conditions, send it to them. If not, do not send it. At a very minimum, it would not bring to their attention something that may hurt your case that they may have previously overlooked. The Supreme court has ruled that a person is not required to testify against themself, and may plead the fifth amendmendment which says something like, "Sir, I refuse to answer that question on the grounds that it may tend to incriminate me."

[LarryJ]

No, actually, I was NOT joking. I don't have a tendency to joke about someone's symptoms who is obviously ill.

Quite frankly, I wouldn't spend the time that I did on my prior post, if I intended it to be a cruel or irresponsible "joke".

But, if you choose and if your illness suits you or your VA "claim", and you much prefer to keep it, that's fine.

If not, WallyWorld sells Fe in tablet form, for around $5.

[livingrock21]

No, actually, I was NOT joking. I don't have a tendency to joke about someone's symptoms who is obviously ill.

Quite frankly, I wouldn't spend the time that I did on my prior post, if I intended it to be a cruel or irresponsible "joke".

But, if you choose and if your illness suits you or your VA "claim", and you much prefer to keep it, that's fine.

If not, WallyWorld sells Fe in tablet form, for around $5.

Ok, thank's for your medical opinion... Oh wait, your not a dr. I wish it would have been that easy for me to get my dx.'s.. Only after a couple years of them constantly testing me were they able to figure out what I had...

I also like how SSA decided they were going to dx me with chronic fatigue syndrom.. Def. news to me that I have that..

Edited January 27, 2009 by livingrock21

[livingrock21]

No, actually, I was NOT joking. I don't have a tendency to joke about someone's symptoms who is obviously ill.

Quite frankly, I wouldn't spend the time that I did on my prior post, if I intended it to be a cruel or irresponsible "joke".

But, if you choose and if your illness suits you or your VA "claim", and you much prefer to keep it, that's fine.

If not, WallyWorld sells Fe in tablet form, for around $5.

By the way, what would suit me is to not be f'd up at all... I'd love to be able to live the prime of my life with out any problems.. Yeah, my illness "suits" me so I "choose" it on my "VA claim". Your a real joke.

[carlie]

livingrock,

Larry tried to provide some information to help you out.

Take it or leave it. Don't come on here being pissed off

at the VA and take it out on other people here.

If you don't want to read an answer from someone then

put them on your ignore list.

Keep in mind, just about everyone here has some of the same

VA problems as you. Others have waded through the hard times

and finally won their claims. They volunteer to come here and help.

carlie