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.

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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.

[Pete53]

Livingrock21:

Hang in there and don't give up. Sometimes I feel that when you file a claim for VA Compensation that you entered a War and trying to be open and honest with a shrink may be the hardest thing I ever did. They write everything you say down. So be careful and protect yourself.

[deltaj]

I wrote palmar erythema by mistake. I meant erythromelalgia. I am still convinced the symptoms fit thrombocytosis. I found one site on the web that states that thrombocytosis causes erythromelalgia. That site states that the pain and redness of erythromelalgia is caused by the increased number of platelets in the blood. This veteran has stated he has a blood disorder. Add in the symptoms of heat intolerance and tachycardia and all the symptoms seem to fit thrombocytosis. Anyone else agree that he needs to see an endocrinologist to see if he has thrombocytosis or an endocrine disorder?

[livingrock21]

Thanks for the replies.

Deltaj,

Thank you for taking interest in me. Their saying it's primary erythromelalgia, which means there is no cause. Supposibly it's genetic. They did punches(biopsies) of my had to test for thrombocytosis. They really did work me up, that's how they came up with dx of erythromelalgia. The only way to make a dx of erythromelalgia is to rule everything else out.

I have a reuhmatology appt on monday at the VAMC.

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Pete53,

Thanks for the words of encouragement.

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To all,

I sent in the SSA evidence to my VSO. I sent it wednesday, I called the 1800 number friday for something else. While I had them on the line, I had them check out the status of the claim.

When I called about two weeks ago, the DRO had it(it was in his possetion, probably 1000 cases from actually being worked on). When I asked about the status of it now, the guys said it was with appeals management. What is this? He said the appeals management can also make a decision. Could this be what my VSO was talking about? Maybe he was just saying this VA section was like the STAR review.

Thanks for your time everyone! You guys are great!

[livingrock21]

Anyone know what the guy was talking about when he said appeals management? Are they over the DRO?

Thanks for the help in advance.

[jbasser]

AMC is in Washington, It is a center for/appeals remands. Comonly dealing with claims of a super complex nature. Some of these take a very, very long time.

J

[livingrock21]

AMC is in Washington, It is a center for/appeals remands. Comonly dealing with claims of a super complex nature. Some of these take a very, very long time.

J

:P :( B)

AAHHH!

Sorry about that. Thanks for the quick reply. I could have swore he said my folder was in Pittsburgh at the appeals management.

So if it's with the appeals management, then it's in Washington. There's no possible way it's still in Pittsburgh? Is that how it works, if the DRO can't make a decision on it, it goes to the AMC? Any more info??

Thank you for the quick reply. I know it wasn't really one I wanted to hear, but thank you.