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.

[broncovet]

Living Rock

Smart move....Hang in there. Find out if your SSD is for VA SC conditions. If your SSD decision does NOT help your case, then I do not recommend you send your VARO a copy of your SSD letter. On the other hand, if your SSD decision is for Service connected conditions, then copy your SSD and send it to them pronto, on shredder proof paper, Certified mail, return receipt requested.

Dont give up. They win if you do. Hunker down for a long fight, then if you get your approval tommorrow in the mail, celebrate! Some Veterans have gotten 6 figure "retros". Yes, that is more than $100,000 in back pay. Think of it as a savings account that you cant touch until you get your RO decision.

Edited January 26, 2009 by broncovet

[rentalguy1]

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.

[livingrock21]

AAAAAAAAAGGGGGGGGGGGGGHHHHHHHHHHHHH! B)

SSA has me listed in their system for Chronic Blood and Fatigue Syndrom?? What the hell is this SJ@#? That's not listed in my medical record. I swear people see my last name and think, hmm... How can we mess this guy up?"

Could they have listed my conditions under a broader condition? Esp. if the erythromelalgia isn't listed in their schedule? Is there an SSA VASRD somewhere on the internet?

I do, I give up.. I'm ready to close my appeal and forget about all this... I can't deal.

[livingrock21]

AAAAAAAAAGGGGGGGGGGGGGHHHHHHHHHHHHH! B)

SSA has me listed in their system for Chronic Blood and Fatigue Syndrom?? What the hell is this SJ@#? That's not listed in my medical record. I swear people see my last name and think, hmm... How can we mess this guy up?"

Could they have listed my conditions under a broader condition? Esp. if the erythromelalgia isn't listed in their schedule? Is there an SSA VASRD somewhere on the internet?

I do, I give up.. I'm ready to close my appeal and forget about all this... I can't deal.

Also, they had to go off my SMR because they didn't even examine me. I'm affraid to fight this though. I can't afford to loose my SSDI.

[livingrock21]

Also, they had to go off my SMR because they didn't even examine me. I'm affraid to fight this though. I can't afford to loose my SSDI.

Would it help if I got proof that the only medical evidence they used was my SMR??????

[rentalguy1]

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?