Deferred conditions now rated. Can I get retirement increased?

[MRT555]

Hello all. Hope this is the right forum. I retired on 28 Aug 13 with 40% DOD and 50% VA. During the MEB process I was diagnosed with Mild COPD and Asthma. The MEB office said I could not add these to my MEB, so I submitted all the information to the VA, and was told it would be evaluated after I leave the service. Last month I had my C&P for the 2 deferred conditions. I got a letter today stating that the VA has increased my my rating from 50% to 70%. I received 30% for asthma, and 10% for Coronary Artery Disease (claimed as Reversible COPD).

What I would like to know is can I appeal to have these increase my AF retirement %?

Also, one of my unfitting conditions was 20% for Factor V Leiden mutation with multiple DVT in left lower extremity. It said a rating of 40% was not warranted unless there is persistent Edema and stasis pigmentation or eczema. I have persistent Edema documented in my MEB. I also was diagnosed with eczema on my left foot soon after my MEB started. I have had issues with my foot since I got my first DVT in 2004, but was undocumented until recently. I submitted my doc's report as evidence of my eczema, and the VA responded saying it did not meet the requirements for 40% rating because it was beginning eczema??? Any idea what beginning eczema is vs what the requirement is? I am assuming it is between the wording of beginning eczema and persistent eczema.

Here is the rating criteria:

7121 Post-phlebitic syndrome of any etiology:
With the following findings attributed to venous disease:

Massive board-like edema with constant pain at rest .......................................100

Persistent edema or subcutaneous induration, stasis pigmentation or
eczema, and persistent ulceration..................................................................60

Persistent edema and stasis pigmentation or eczema, with or without intermittent ulceration....................40

Persistent edema, incompletely relieved by elevation of extremity,
with or without beginning stasis pigmentation or eczema........................................................................20

Intermittent edema of extremity or aching and fatigue in leg after prolonged standing or walking, with symptoms relieved by elevation of extremity or compression hosiery ...................................10

Asymptomatic palpable or visible varicose veins.................................................0

Note: These evaluations are for involvement of a single extremity. If more than one extremity is involved, evaluate each extremity separately and combine (under §4.25), using the bilateral factor (§4.26), if applicable.

 

[TSgt Twitch]

you can fight for it through BCMR, its a long process, so check to see if you gain anything. the thing that concerns me is that with asthma, it has to be stable, and then you gotta prove it would of made you unfit, the copd since its "reversible" or mild would probably be fitting, but its worth the fight if you think it is right.

40% DoD +30% for the asthma would put you at 60% dod and still 70% DoD, now if you got the rating increased to match the edema etc. and could prove it was that way BEFORE you were seperated, then that could be good.

You can do it, but in the end is it worth it? if your working and stable and can bide the time as a "part time job" fighting it, go for it.

 

[Jason Perry]

Yes, you can appeal to get an increase.

First thing, though, is I would look at your relative dollars between AF and VA compensation and see if getting an increase would benefit you (I would also run scenarios checking what effect with the AF increase vice a VA increase; recall that unless you have 20 or more years of service or your condition(s) are combat related, you will only get the higher of the two, not both payments- AF/VA).

To get the asthma/CAD added to your AF retirement figures, you would need to show that they were unfitting at the time of your retirement.

As for the DVT/eczema, it sounds like you have a solid case for an increase. You need to appeal the VA findings on this in order to address this.

 

[MRT555]

I do not qualify to receive both VA and DOD payments combined. I now receive VA only because it is higher. Just a 10% increase in DOD would equate to more money for me, even after it is taxed. I first had 40% DOD, 50% VA. After submitting paperwork on COPD and asthma my ratings are now 40% DOD, 70% VA.

How can I determine/prove that my asthma/CAD were unfitting at retirement. I am almost positive that I have no complaints in my medical records, but I do have several PT failures for my run time. My chest/lungs would always hurt and I would get side stitches that would make me stop running, but was told that was because I needed to run more...

How should I go about appealing my eczema. It was found during the MEB, with no prior documentation. I have had this eczema issue since my first DVT that took 3 months for them to diagnose in 2004. I don't know how I could prove that the eczema started in 2004, and I think that is why they are classifying it as "Beginning eczema" instead of "Persistent eczema".

Do you feel it would be more beneficial to appeal alone, talk to my local VFW to help me, or should I have someone such as you Jason to help me officially.