Posted on Aug 4, 2015
Can someone help me fighting the results of my VA Claim?
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How is it that the VA can deny me for 100% P&T based off an illness that is not curable?
Background: I was in Iraq in 2009 and contracted Behcet's Disease.
Behcet’s Disease is a rare, chronic inflammatory disorder. It is a permanent, lifelong disorder and consist of episodic flares of oral ulcers, skin lesions, genital lesions, and diffused joint pain that come and go. Permanent remission of symptoms has not been reported.” (National Institute of Neurological Disorders)
The VA rules for P&T are simply "Permanent total disability shall be taken to exist when the impairment is reasonably certain to continue throughout the life of the disabled person.” (38 CFR 4.15)
All has been documented in my C-File and personal medical notes. Also Behcet's Disease is documented in the National Institute of Health. I also know personally a veteran who was given 100% P&T due to Behcet's in 2012.
So how is it that the VA will not give me 100% P&T? I am at a loss. I cannot work yet I cant even get the VA to give me IU or 100% P&T. Please I need help.
EDIT: I am service Connected for Behcet's Disease(60%) PTSD (70%)
Background: I was in Iraq in 2009 and contracted Behcet's Disease.
Behcet’s Disease is a rare, chronic inflammatory disorder. It is a permanent, lifelong disorder and consist of episodic flares of oral ulcers, skin lesions, genital lesions, and diffused joint pain that come and go. Permanent remission of symptoms has not been reported.” (National Institute of Neurological Disorders)
The VA rules for P&T are simply "Permanent total disability shall be taken to exist when the impairment is reasonably certain to continue throughout the life of the disabled person.” (38 CFR 4.15)
All has been documented in my C-File and personal medical notes. Also Behcet's Disease is documented in the National Institute of Health. I also know personally a veteran who was given 100% P&T due to Behcet's in 2012.
So how is it that the VA will not give me 100% P&T? I am at a loss. I cannot work yet I cant even get the VA to give me IU or 100% P&T. Please I need help.
EDIT: I am service Connected for Behcet's Disease(60%) PTSD (70%)
Department of Veterans Affairs (VA)
Disability
Medical
Edited >1 y ago
Posted >1 y ago
Responses: 15
Suspended Profile
SSG Michael O'Malley I'm sorry you are having such problems.
First off, let me remind everyone that disability ratings are determined by Congress. An example: I suffer from chronic debilitating headaches, that at times, lay me up 3-5 times a week, for hours at a time. There is no way to maintain employment based on this. So what's the VA rating for this? 50%. Even though it keeps me from working! In reality I'm already 100% statutory so it doesn't matter, but it's an example.
I don't know the details of your condition, so I can't comment. What rating did they give you for this specific condition? If it's greater than 40% and you have a cumulative of 70% you can apply for Individual Unemployability. IU pays at the 100% rate. The only thing is it's not P&T unless they rate it that way, based on CFR 38 regulations.
How debilitating is the pain you are experiencing right now? Does it keep you from working? If so, and you don't meet the statute requirements for IU, you can apply for extra-statutory IU based on your specific condition.
Since you are a Post 9/11 vet, Contact the Wounded Warrior Project for assistance. In my experience as a DAV service officer, while we were extremely successful, WWP was even better, so just go straight to them.
Also, auto-immune diseases are additive and very emotionally disabling. I hope you have a good mental health counselor that you are working with. If not, contact the Soldier's Project, http://www.soldiersproject.org - we provide free counseling service to Post 9/11 vets with emotional health issues.
I have tons of experience with chronic pain, and would be happy to take you on, if you need help. I see vets over Skype, phone, email, text, whatever. Just reach out...
First off, let me remind everyone that disability ratings are determined by Congress. An example: I suffer from chronic debilitating headaches, that at times, lay me up 3-5 times a week, for hours at a time. There is no way to maintain employment based on this. So what's the VA rating for this? 50%. Even though it keeps me from working! In reality I'm already 100% statutory so it doesn't matter, but it's an example.
I don't know the details of your condition, so I can't comment. What rating did they give you for this specific condition? If it's greater than 40% and you have a cumulative of 70% you can apply for Individual Unemployability. IU pays at the 100% rate. The only thing is it's not P&T unless they rate it that way, based on CFR 38 regulations.
How debilitating is the pain you are experiencing right now? Does it keep you from working? If so, and you don't meet the statute requirements for IU, you can apply for extra-statutory IU based on your specific condition.
Since you are a Post 9/11 vet, Contact the Wounded Warrior Project for assistance. In my experience as a DAV service officer, while we were extremely successful, WWP was even better, so just go straight to them.
Also, auto-immune diseases are additive and very emotionally disabling. I hope you have a good mental health counselor that you are working with. If not, contact the Soldier's Project, http://www.soldiersproject.org - we provide free counseling service to Post 9/11 vets with emotional health issues.
I have tons of experience with chronic pain, and would be happy to take you on, if you need help. I see vets over Skype, phone, email, text, whatever. Just reach out...
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Omaley call [login to see] VFW Post 5290 Conyers Georgia, ask for Bill Mitiu. He may be able to assist
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SSG Michael O'Malley You need to engage your Senator and House of Rep office, they want to hear about your situation and can be a help.
https://www.opencongress.org/people/zipcodelookup
https://www.opencongress.org/people/zipcodelookup
Find Your Senators and Representatives - OpenCongress
To find your Senators and Representative, enter your five-digit ZIP code in the first field below. If you happen to know your ZIP code's four-digit extension, you can enter that in the second field below. If you don't, no problem, you can find it on the next page.
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