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.

________________________________________________________________________________

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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]

Carlie,

I will def. do that before posting from now on.

Rentalguy1,

Thanks for the words of encouragement.

Thanks to everyone again for all the great posts thus far!!

[carlie]

livingrock,

You posted,

"I just wish the VA would be more passionate about my situation. "

Try to let go of this desire -- it will NEVER happen.

Now many of us vet's have received letters that state,

"It is with regrett a more favorable response can not be granted"

That's about the closest the VA will ever come and note - even that comes with a denial - lol.

It's about the money - medical evidence - service connection and the money.

VA will not be either passionate nor will they show compassion.

What's important is where you fall in the Schedule of Rating Disabilities

for injury or illness due to military service or secondary to a SC'd disability.

Anything else is just lip service and won't help out with your disabling conditions.

jmho,

carlie

[livingrock21]

livingrock,

You posted,

"I just wish the VA would be more passionate about my situation. "

Try to let go of this desire -- it will NEVER happen.

Now many of us vet's have received letters that state,

"It is with regrett a more favorable response can not be granted"

That's about the closest the VA will ever come and note - even that comes with a denial - lol.

It's about the money - medical evidence - service connection and the money.

VA will not be either passionate nor will they show compassion.

What's important is where you fall in the Schedule of Rating Disabilities

for injury or illness due to military service or secondary to a SC'd disability.

Anything else is just lip service and won't help out with your disabling conditions.

jmho,

carlie

Carlie,

I'm starting to grasp that concept now.. I've been doing a lot more reading on here..

I need to figure out what my next step is going to be. I went ahead and sent the SSA documentation to my VSO. He really seemed to think it would be pertinent to my claim and that it would help.

[deltaj]

Some of your symptoms sound a lot like hyperthyroidism or hypothyroidism. Tachycardia, hypertension, and sensitivity to heat and cold as far as I know can be symptoms of a thyroid problem. I don't know what you mean by flared hands and feet. Do you mean edema (which is swelling)?

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.

[deltaj]

I think this sounds like thyrotoxicosis with palmar erythema. Thyrotoxicosis is a type of hyperthyrodism. All of the symptoms seem to fit hyperthyrodism. He has tachycardia, sensitivity to heat and cold, palmar erythema, etc. The reason I recognized some of these symptoms is because I had a friend who developed some of these symptoms on active duty. The condition also causes fuzzy thinking so he is going to need help with his claim.

[deltaj]

I recommend you go see an endocrinologist, a specialist in disorders of endocrine glands like the thyroid gland. The thyroid is an endocrine gland because it secretes hormones.