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Need Help With Claim


livingrock21

Question

Its been a while since I've posted here, so I have some updating to do.. I ended up getting unemployability, for the same condition I just got on the PDRL(permanent disability retired list from the navy). The way the notification letter is worded says that I got TDIU for that condition(erythromelalgia), and that condition only even though I'm rated for other conditions. I have to read back over the notification letter, but if I remember correctly its permanent IU.

Now, heres what I need the help with. I should be ratex 100% without the IU. I could understand them doing it that way if there was no 100% rating for that condition. So, should I apply to get it rated right? There are also other conditions I can claim, is it worth me claiming those? The main reason I'd like to get it fixed is because I'd like to use my post 9/11 gibill, and I'd be afraid to use it with the way I'm rated right now.. I payed into it, I should be able to use it. My conditions should be rated right anyway. I couldnt get 100% as of yet without IU, but they have me permanent and 100 percent IU for the same(and only that) condition.

Any and all help would be greatly appreciated!!

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How old are you? If you are old enough to not want/need to work anymore I would leave it alone. I am in the same situation. If you go for an increase in scheduler it opens up everything to review.

But if you are younger I can understand your desire and would think differently, too...

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  • HadIt.com Elder

Give us a chart of your disabilities.

For example

Disability 1 erythromelalgia ??? percent

disability 2 ?? percent and so on.

You paid into your GI bill so if you can get a schedular rating then you can go to school and work and earn whatever you want.

I think we can help you. I know I can. I just need to be able to see the picture so I can advise you.

Basser

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  • HadIt.com Elder

Now I see it. They low balled you. There is a 100 percent rating for this condition under DC 7119

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

Look at your diagnosis and if you meet the 100 percent criteria then you should NOD the decision.

J

Now I see it. They low balled you. There is a 100 percent rating for this condition under DC 7119

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

Look at your diagnosis and if you meet the 100 percent criteria then you should NOD the decision.

J

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Jbasser, yes, thats exactly what happened.. They only gave me a 60% rating when I tried to get it without the IU, and I did look, they rated me permanent and total in my findings..

Where would I find what their criteria for rating me was, and is.. As far as what their saying is going on.. I want to try and make sure I'm wording that right.. Like where would I find what their saying happens to me.. I know i meet the 100% criteria because I deal with it everyday, but where do I find their statement as far as how many flares I have, duration, ect used for rating me..?

Dean, thats just it, I'm only 27.. I'm not saying I can work. I truly dont think I could hold a typical job at all.. I would like to earn my degree though, one just to do it as an achievement. Two, in case they ever would come up with a way to treat what I have instead of just treating the symptoms(which kind of leads me to another question). Three, with the degree I'd be trying to earn(network security), in some cases you can work completely from home and basically create your own work schedule.. So I could possibly try, but cant afford to loose my benefits if it didnt work out.. I did just get medically retired from the navy permanently which is a good thing because of the medical(tricare) benefits.. If I ever HAD to go without my medications even if only for a couple days I'd probably die(literally).. I wouldnt be able to afford all my medications without that pharmacy benefit.. I also receive SSD from social security for the same service related conditions..

To both of you, and/or, anyone,

If I try and get them to rate me 100 percent without the IU, is there that possibility of loosing my IU benefits(even being permanent and total, and them giving that to me for just the 7119 erythromelalgia condition) if they would low ball me again?? I know my condition meets the 100 percent criteria, but at the same time I know they could low ball me again.. There are also about 5 or 6 other conditions I need to have service related but have been holding off because I'm not sure how I should go about all this.. Claim them first, do it all in one shot, or not mess with anything at all..

I stated earlier about having another question as far as medications are concerned.. Its getting expensive to see outside doctors. I want to start getting all my medications from the VA. The conditions I'm getting the medications for are all service related, or should be anyway.. Also, with me being 100% theres no cost.. I know I'm only 27, but I already know I'm going to have to be on pain medication for the rest of my life.. Unless they could find a cure, for what I have or a way to treat what i have besides treating the symptoms.. Which pain, is one of them.. Heres the problem though. I've tried to be treated for the pain through the VA before via the pain management clinic at one if the VA hospitals.. Well they were only giving me Vicodin 5 mg which didnt even touch the pain Through an outside pain management provider they prescribe me oxycodone 15mg oxycodone 6 times a day, which allows me to tolerate the pain.. I'd line to get my medications from the va through the VA which I know i can do if I bring the paper script here, but it'd be nice to not have to see an outside provider at all to save money..

Thanks again for your time, help, and patience... I know that was a long post..

-Tyler

100% IU P&T

Navy Medically Retired PDRL

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"If I try and get them to rate me 100 percent without the IU, is there that possibility of loosing my IU benefits(even being permanent and total, and them giving that to me for just the 7119 erythromelalgia condition) if they would low ball me again??"

Yes, I think so. Anytime you submit something new it opens up everything else for review (ie: new C&Ps), I think. Others can correct or confirm me on this

But at your age I think going for scheduler makes sense.

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