I just recieved a SSOC. They denied my new C&P. I think theres two factors. The doc, my treating physician, messed part of it up. Also, they misinterpreted evidence again.
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
Entitlement to increased evaluation for service connected Erythromelalgia currently 30% disabling is denied.
Reasons and Bases:
The veteran submitted treatment reports from the Naval Medical CEnter noting treatment for his Erythromelalgia while on active duty. VA treatment reports and examination note history of symptoms and diagnosis by exclusion. The veteran indicates that the symptoms occure at least once per day lasting two hours or more. VA examiners noted that the veteran's symptoms have never been observed while active. (This is a flat out lie. They were observed while I was active duty. I was able to go to my PCP many times because the hospital was 10 minutes away, and we had an agreement when it got really bad I could come in without and appointment. Now the closest VAMC is atleast an hour and a half away, and I'm not going to make that drive while in pain.). All clinical testing was negative but noted deep perivascular dermatitis and rare eosinophils. There were no chilblains. Skin was normal with no rash or talangectagias. There was no erythema found. Diagnosis of Erythromelalgia was made. Social Security Administration records also note the veteran's disability.
Review confirms current 30% evaluation for the veteran's service connected Erythromelalgia. The current medical evidence does not support entitlement to a higher evaluation.
Obviously my treating physician (C&P doc) said nothing about treatment, or lack there of. No treatment has worked. Also, there is nothing on restricting activities, I can't work due to this condition, they even stated it with the SSA records. I also talked about how I can only play with my daughter for a short period of time before I can feel a flare comming on. There were many things that I mentioned about restriction. None of it made it into the exam notes though. The problem is, I had an appointment the day before the C&P, and then the C&P the following day. She decided to combine both appointments. She didn't do the traditional C&P. She wasn't even looking at the criteria when doing the C&P.
I'm not sure if the DRO screwed this up or what, but I also have been seen while flared up. Either my treating physician(C&P Doc) or they misconstrued that information. I haven't been seen at the VAMC while flared, but have been seen while flared (while active duty).
Here are my questions. Can I have the C&P doc ammend this examination and correct it? I know she would due to the errors, or lack of information. Will they look at it again, and issue a new SSOC or decision. I don't want my claim being certified for the BVA. I should be able to get this fixed at the VAMC. I'd be wasting a whole lot of time at the BVA when the evidence is all right there infront of them. What do I do here? Hopefully I can have her ammend this C&P, and get this fixed rather quickly.
Please, please help me. I'm over the edge right now. I had a distant friend OD last night. At this point, I can truely see how life gets to be too much. I can't take any of this. I need a solution, but am affraid I'm limited on time. I feel that if I don't get this taken care of now, it'll be another year before the issue is taken care of, and my family is barely scraping by as it is.
Question
livingrock21
Please, please help me.
I just recieved a SSOC. They denied my new C&P. I think theres two factors. The doc, my treating physician, messed part of it up. Also, they misinterpreted evidence again.
________________________________________________________________________________
_______________________________
Here's the rating criteria:
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
________________________________________________________________________________
_____________________________
Here's what I recieved:
Decision:
Entitlement to increased evaluation for service connected Erythromelalgia currently 30% disabling is denied.
Reasons and Bases:
The veteran submitted treatment reports from the Naval Medical CEnter noting treatment for his Erythromelalgia while on active duty. VA treatment reports and examination note history of symptoms and diagnosis by exclusion. The veteran indicates that the symptoms occure at least once per day lasting two hours or more. VA examiners noted that the veteran's symptoms have never been observed while active. (This is a flat out lie. They were observed while I was active duty. I was able to go to my PCP many times because the hospital was 10 minutes away, and we had an agreement when it got really bad I could come in without and appointment. Now the closest VAMC is atleast an hour and a half away, and I'm not going to make that drive while in pain.). All clinical testing was negative but noted deep perivascular dermatitis and rare eosinophils. There were no chilblains. Skin was normal with no rash or talangectagias. There was no erythema found. Diagnosis of Erythromelalgia was made. Social Security Administration records also note the veteran's disability.
Review confirms current 30% evaluation for the veteran's service connected Erythromelalgia. The current medical evidence does not support entitlement to a higher evaluation.
________________________________________________________________________________
____________________________________
Obviously my treating physician (C&P doc) said nothing about treatment, or lack there of. No treatment has worked. Also, there is nothing on restricting activities, I can't work due to this condition, they even stated it with the SSA records. I also talked about how I can only play with my daughter for a short period of time before I can feel a flare comming on. There were many things that I mentioned about restriction. None of it made it into the exam notes though. The problem is, I had an appointment the day before the C&P, and then the C&P the following day. She decided to combine both appointments. She didn't do the traditional C&P. She wasn't even looking at the criteria when doing the C&P.
I'm not sure if the DRO screwed this up or what, but I also have been seen while flared up. Either my treating physician(C&P Doc) or they misconstrued that information. I haven't been seen at the VAMC while flared, but have been seen while flared (while active duty).
Here are my questions. Can I have the C&P doc ammend this examination and correct it? I know she would due to the errors, or lack of information. Will they look at it again, and issue a new SSOC or decision. I don't want my claim being certified for the BVA. I should be able to get this fixed at the VAMC. I'd be wasting a whole lot of time at the BVA when the evidence is all right there infront of them. What do I do here? Hopefully I can have her ammend this C&P, and get this fixed rather quickly.
Please, please help me. I'm over the edge right now. I had a distant friend OD last night. At this point, I can truely see how life gets to be too much. I can't take any of this. I need a solution, but am affraid I'm limited on time. I feel that if I don't get this taken care of now, it'll be another year before the issue is taken care of, and my family is barely scraping by as it is.
Please.
Tyler
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