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.

[rentalguy1]

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.

I'm not going to let this thread degrade any farther. Larry wasn't being a wise guy. He was offering his opinion, and help. We have all offered a abundance of help in this thread. You almost scoff at all of it. My suggestion is to accept the advice given, and put it into practice, if you want any chance at all of winning your claim. To come here and ask for advice, then ignore it, and berate a long time member who was offering help is unacceptable, though.

[livingrock21]

I'm not going to let this thread degrade any farther. Larry wasn't being a wise guy. He was offering his opinion, and help. We have all offered a abundance of help in this thread. You almost scoff at all of it. My suggestion is to accept the advice given, and put it into practice, if you want any chance at all of winning your claim. To come here and ask for advice, then ignore it, and berate a long time member who was offering help is unacceptable, though.

You guys are right. I was kind of harsh there.

I appologize Larry J, honest sincerity.

If you only knew what I went through to get a diagnosis. I was diagnosed with lupus, chilblains, burgers disease, ect. It litterarly took a year and a half of 3-4 visits to the hospital per week to get a diagnosis. Every visit entailed blood work. They would have figured out it was an iron deficiency.

That stated, I am very frustrated with the VA. I took it out on Larry J. That said, I want to appoligize again.

Rentalguy1,

I've been trying to take the advice on this thread. It's just hard to choose a path. I've gotten tons of great advice, but it seems that I hit a brick wall with any avenue I take.

I've thanked everyone on here a few times, I'll do it again. Thanks for all the great advice thus far. I don't know what I'm going to do. I've honestly thought about giving up here recently. I just spoke to my VSO, he seems to think the SSA evidence would be pertinent to my claim. I asked him about TDIU, and he said that would be an avenue, but he seems to think trying to work on my appeal first would be wise.

Edited January 27, 2009 by livingrock21

[carlie]

livingrock,

Hang in there - when you get frustrated take a few deep breaths -

No your not going to give up until the fat lady sings.

Always on line - before you hit send or Post or add reply --

just read over,once more what you typed in to be sure that's

what you want to say.

jmho,

carlie

[Berta]

Livingrock-

This is why most of us need independent medical opinions- from real doctors- to succeed in our claims-

With Chronic Fatigue Syndrome and the blood disorder- which as you said the SSA determined from your SMRs-

I feel you should NOT give up this claim-

some of us arent saying perhaps what you want to hear- it is just that-

it is better if we raise questions here than have the VA do that down the road.And this is an unusual claim-

Do you have your SMRs?

If they reveal a blood disorder, even anemia, this could start to connect the dots here.

I would think anyone with CFS (which many PGW vets have) would be unable to perform any types of exercize- that in the long run can prevent heart disease.

CFS might be classified as a mental disorder but also would potentially impact on the physical well being a person with it has-

do you have a white cell count problem in your SMRS as well as in your current medical records?

This veteran also has your same disability(Erythromelalgia) and she is on remand . I think they gave her the wrong Diagnostic code-too

http://www.va.gov/vetapp98/files3/9825140.txt

"The RO has evaluated the veteran's RSD by analogy to

erythromelalgia, found at 38 C.F.R. § 4.104, Diagnostic Code

7119 (1997). Erythromelalgia is considered a cardiovascular

disease or disorder, and the Board notes that the criteria

for rating cardiovascular disorders changed effective January

12, 1998 - a date following the issuance of the last

supplemental statement of the case."

I am not a doctor but a blood disorder could be a step away from a cardiac disorder.

And any cardiac problem can sure stem from an inability to be active- as I imagine Chronic Fatigue Syndrome can

cause.

Does this make sense to you? or am I looking at this all wrong here?

[rentalguy1]

Hang in there livingrock. It took me 16 years to get a legitimate diagnosis, and I had to go outside the VA system to get it.

[livingrock21]

Berta,

Thanks for the indepth look at this.

I do have a copy of my SMR. They never found any blood disorders. They never really found anything out of the ordinary except for my symptoms(I'd go in there every day with flared hands and feet), and the hypertension and tachycardia which is really odd for a 24 year old to be having. Especially, this is while was active duty and still really in shape. My fitness did decline as the condition became worse(the flares are very painful and are caused by stress both physical and mental, cold, heat, and lack of sleep).

To this day, they can't figure out why I have hypertension and tachycardia. They just adjust my medication as they see fit. My g-mal takes a quarter of the blood pressure med that I'm on and she's 75. The tachycardia medication I'm on, I'm at the maximum dose.

The sad part of this all is I know I'm not going to be around as long as other people from my generation due to these conditions. I just wish the VA would be more passionate about my situation. Atleast when I'm gone, my daughter and wife will be able to get my benefits. I hope.

Also, I'm not a PGW vet, atleast I don't think so. I'm not even sure if I'm considered and Enduring Freedom vet. I deployed to the gulf on my ship, but never seen any ground action. There's been confusion with the VA as to wether what kind of vet I am.

As far as the other vet that had these same problems. It's diagnosed in my medical record as Erythromelalgia. They shouldn't be able to dispute that.

The CFS, I'm still not sure how SSA came to that conclusion. It actually baffles me. Like I said to my VSO, I'm not complaining, but they didn't even do an C&P(SSA) exams on me. They did it soley off my SMR. I'm pretty sure I'd remember getting diagnosed with CFS, but I honestly dont.

Thanks again for all the help. I don't think your looking at it all wrong. This is sad to say, but I guess it makes me feel better that they screwed up on another vet with the same condition. Apparently their criteria aside from the VASRD is wrong.