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]

could this just be another name for your sc'd condition? Or maybe a analagous diagnosis, since SSDI's qualifying disability table may not list your exact diagnosis?

That's why I was asking if there is a VASRD for the SSA? The conditions I'm service connected for are Erythromelalgia (7119), hypertension, and tachycardia. The Erythromelalgia is a nerve and circulatory disease. So it could be that their talking about that, just in a broader aspect if it's not listen in their system.

I'm hoping and praying that's the case. Hopefully you guys can shed some light on this.

[livingrock21]

It won't matter if you send them the SSA letter or not, because they automatically get it from SSA. Those two organizations share their info. If you find out that the SSA records are of no value, then you need to start thinking of a way to combat the VARO if they try to use it against you.

Also, how could this be used against me?

[livingrock21]

Another thing, couldn't I say that the blood disorder is secondary to the Erythromelalgia, hypertension, and tachycardia (all circulatory conditions), and the fatigue is secodary to the hypertension (really is, it's like I'm running a marathon all day long while sitting on my a@#)? I may very well be able to use this. That is if they didn't rate me like that analoglously, or due to not having the erythromelalgia in their schedular.

Opinions? On any of what I said?

Thanks for all the help guys and gals.. Negative or Positive.. Was def. feeling like giving up earlier, but I think maybe this will play into my favor.. B)

[livingrock21]

Another thing, couldn't I say that the blood disorder is secondary to the Erythromelalgia, hypertension, and tachycardia (all circulatory conditions), and the fatigue is secodary to the hypertension (really is, it's like I'm running a marathon all day long while sitting on my a@#)? I may very well be able to use this. That is if they didn't rate me like that analoglously, or due to not having the erythromelalgia in their schedular.

Opinions? On any of what I said?

Thanks for all the help guys and gals.. Negative or Positive.. Was def. feeling like giving up earlier, but I think maybe this will play into my favor.. B)

You know, another thing I find funny, there's no such thing as chronic blood disorder... B) I just spent the last hour googling it..

So apparently, that must be the case. They must have took those three conditions and wrapped them up in one, and called it what they wanted. They may have done that because the DR.'s can't figure out why at 24 that I have severe hypertension and tachycardia..

Edited January 27, 2009 by livingrock21

[rentalguy1]

Also, how could this be used against me?

If you receive SSDI for a non service connected condition, and then you file for TDIU through the VA, they will see the SSA records and try to say that the non sc'd condition is the reason you are unemployable, and not the sc'd conditions. They do it everyday. It is imperative that you get it all tied in to a service connected condition, or get doctor's statements saying that your sc'd conditions are causing you to be unemployable. If there were ever a case that needed a good IMO, it seems like it would be yours.

[Pete53]

It does matter if you give them a copy of SSA Award Letter cause than they will have to consider it. Its llike why do you have to ask for TDIU when the VA knows that you should be rated TDIU.