I Hate The Va! I Hate Them I Hate Them I Hate Them

[SouthernBelle]

So, I'm so mad I can't see straight right now. They denied the increase again. I can't believe it, I really just can't understand how a DOCTOR'S OPINION, the DOCTOR WHO TREATS MY HUSBAND TREATS HIM! can be ignored for a lower rating. RATERS ARE NOT DOCTORS! DAMN, I'm pissed. I am sitting here shaking I'm so mad.

Edited December 15, 2008 by SouthernBelle

[SouthernBelle]

They haven't used the most recent records. He is NOT suicidal, usually, but does say things like, "I probably won't be here much longer" etc. The doctor who treats him notes these things, he also notes that I have to tell my husband to shower, he doesn't talk to people (besides ME, and our child) I maintain our relationship, and he has some pretty severe spatial disorientation. Without a GPS and a cell phone, he can't get anywhere! I'm not upset with you, I'm upset that the VA, the people who are supposed to take care of my husband, aren't doing it. TODAY alone, we couldn't get a friggin appointment! HE HAS A LUMP THAT IS DISCOLORED AND ANOTHER ONE THAT RUPTURED! IT IS NOT A FRIGGIN INFECTION! Anyways, that's beside the point of this post. My husband has bouts with agoraphobia, but not always, he has severe panic attacks, and can't function in a "work or work like setting." What the hell do they want him to do?! If he has, according to his doctor, an inability to function in a work or work like setting, how, pray tell, is he going to "obtain or maintain" suitable employment?! HOW? He can't be a stay at home dad because he can't handle our child all the time, and I can't put my kid in daycare because that is all I would pay for! I'm just trying to figure out what they want him to do. WHAT?

Belle: Don't get upset with me, but I agree with the rater's assessment at this time. Your husband's medical records that were taken into consideration indicate that he has more symptoms that fall into the 50% category than the 70% category. That is why 38 CFR 4.7 is not applicable. You need to search through his medical records more to find the words "suicidal ideation with intent or plan, illogical speech, inability to maintain personal hygiene, inability to establish and maintain relationships, and inability to function independantly." If he does not have these terms in his records, or it has not come out in a C&P, then you need to assess him for those symptoms and get them recorded by a professional. Of course, if he is not working, then he needs to apply for TDIU.

Sorry to be a bearer of bad news.

[rentalguy1]

Belle...I know you're pissed, and you have a right to be. I've been there; we've all been there. When you calm down and are ready to attack these folks, just remember that with the VA it is all about words. If you use their words, you win. If you don't use their words, you lose. If you have a close approximation of their words, then it's a crap shoot. Why leave anything to chance? Without the exact words that I spelled out in my earlier post, it will be next to impossible to get the increase to 70%. It's unfortunate, but this is the reality that we vets have to operate within.

[rentalguy1]

My suggestion is to take the next 3 months and have as many MH appointments at the VA as is absolutely possible. Let them know about his suicidal ideations. Let them know about his spatial disorientation. Let them know that he is incapable of maintaining personal hygiene. Don't beat around the bush about it either. March in there and the two of you let the doc know that he has problems. Then, when you have these things in the records, file a new claim for increase.

If you appeal at this point, one of two things will happen: they will deny again with the current evidence, or if you obtain the new evidence that I speak of, they will award, but the effective date of claim will be the date of the first new evidence. You would lose your eed, so it isn't worth the extra year (or more) of waiting on the BVA. If you take the time I suggested, and then file a new claim, you could possibly have a increase in nine or ten months. Then he could file for TDIU and have a excellent claim for that as well. In reality, if you obtain the correct (VA) language in his medical records, he could be receiving comp at the 100% rate in less than 18 months from now.

[SouthernBelle]

I hate that the VA has the power to make me feel like a sullen teenager! This reality is BS and we all know it. The friggin government ruined my husband for life! FOR LIFE! And can't even take responsibility for it; yet, we have to bail out banks and crap! They aren't taking any responsibility for their banks going under, no we have to fix it. I'm still pretty pissed off. I just don't understand how they can do this and still get away with it. Every Veteran deserves better, but Veterans only get the best at their funerals! The VA always makes sure to put on a good show when a Vet dies, but forget about it before then. As long as you're not in a coffin, they won't do a damn thing for you. That is BS. I won't put up with it for another minute, I'm going to call everybody I know and scream it from the friggin rooftops that the VA hates Veterans. This fight aint over till I say it is, and I say it aint over.

[carlie]

Southern,

You posted,

" What the hell do they want him to do?! If he has, according to his doctor, an inability to function in a work or work like setting, how, pray tell, is he going to "obtain or maintain" suitable employment?!"

Suitable employment is irrelevant, substantial gainful employment is what's relevant for

a VA or SSA claim.

carlie

[SouthernBelle]

To me, it is the same thing. He can't deal with people. Do they have a job where he works completely alone all day long?

Southern,

You posted,

" What the hell do they want him to do?! If he has, according to his doctor, an inability to function in a work or work like setting, how, pray tell, is he going to "obtain or maintain" suitable employment?!"

Suitable employment is irrelevant, substantial gainful employment is what's relevant for

a VA or SSA claim.

carlie