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Reconsideration for P&T

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missunderstood

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I am 100% schedular for my PTSD but I need to get P&T. I understand that the VA believes that I will get better because MH conditions usually improve but mine has not. I went from 10% to 70% to now 100%. It is steadily getting worse. I don't understand why the VA wont give me P&T. I have been getting SSDI solely for PTSD since 2008 when it was rated at 10%. I have recently filed an intent to file asking for reconsideration of P&T along with a 21-4138 and denial letter from vocational rehab. I am also willing to do a C&P in they want one. I was just taken off of a suicide watch list about a week ago due to my extreme suicidal ideation and mental impairment. I also go to therapy weekly with a civilian provider that the VA pays for. I just hate having to jump through hoops for something that has no end in sight. I'm never going to wake up and be cured of this. I am also SMC S1 housebound since 2014.  Was just awarded the 100% and SMC S1 recently (back dated to 2014). Is the Voc Rehab denial considered new and material evidence or do I need more (just got denied voc rehab like 1 day ago)?

 

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I'm not an expert on how to get P&T, but in my opinion, the intent to file was a step in the right direction.

Typically, it requires the doctors determine you are not expected to improve or you carry the 100% rating for 5 or more continuous years (i.e. rating became static). With what you described, it sounds like time for them to make the P&T determination.

Good luck, I hope it works out for you.

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24 minutes ago, seminoles said:

I specifically asked to be considered PT, I had been rated at 70% for at least 5 years and when the day I was deemed unable to complete voc. rehab. due to my sc disabilities I was awarded. 

Yes, that was my initial reaction.  Sometimes, the veteran needs to ask for it instead of waiting for the VA to make the first move.  I don't know if the original poster actually asked for it or not.  If not, try it.

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That is exactly what I am doing. I never wait for the VA to give me anything. I was asking if the voc rehab letter was new and material evidence for the increase to P&T. Seminole I have been 70% for over 5 years according to the back dating and I have been 100% for over 2 years according to award date. Hopefully that will be enough to justify my request for the P&T. Thanks for responding. A little encouragement and advice can go a long way.

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In my opinion, if that VOC Rehab letter clearly states that your SCs make Voc Rehab unfeasible ( SCs only)

then that is prime facie evidence of P & T.

I used a letter like that from 1992 that my husband received while in Voc Rehab. The issue,long story, was part of my SMC CUE claim and I had a battle via phone and email in getting the VA to recognize that point.

It was the director of my VARO who kept telling me ( I sure wish we could tape phone calls in NY)

that although I had considerable evidence in addition to the VOC Rehab statement ( to even include a letter from a former VA Secretary that he was 100 % P & T ( 1151 stroke), SSDI, Student Loan P & T waiver, etc etc ... I could not believe how ridiculous this battle was....and I realized it is the "Peter Principle"...the further up the ladder a rater or former DRO might go, they lose the ability to remember or even be able to read and apply established  VA case law...or they simply don't carewhat they say to claimants ,hoping the claimant will buy their BS and give up.

If a veteran is unvoc rehabable, they are therefore unemployable, and if they are at that point, the chances are slim that most ,if any ,of their disabilities will improve.

I even asked the director of my RO to give me evidence that somehow VA had cured my husband's  stroke,prior to his death, to support that he was not P & T from it....and the VA forgot to tell him or me that he had been miraculously cured......

The whole 9 yards of this had already been determined by the General Counsel under FTCA (proven wrongful death)and my initial DIC award stated the stroke was from "multiple deviations" from a "usual standard of care" ( AKA gross malpractice) that had contributed to his death.

You might not have any problems getting P & T at all....or it might take a strong IMO.

Did VA state any reason why they did not consider you for P & T? They probably didn't.But if they did that is something to try to turn around against them.

The VOC Rehab denial is great evidence.It is certainly good  N & M.

PS...I won that P & T battle.

My daughter has insisted I write a book about my experiences with the VA, which were nothing compared to my husbands, a decorated combat vet, who lost his life due to their piss poor medical care.

It hurts and makes me angry every time I work on my draft.BUT  I got a great idea replying to your post...all I really have to do is to get published every letter, document, and C & P results I ever got from the VA as his survivor.

I still can hardly believe some of the stuff they tried to pull on me and probably on other survivors as well.

I can even throw in the bogus crap they tried to pull on my daughter's Chap 35 by failing to extend her eligibility by the 7 years she served in the Mil .They fixed that fast but one more piece of documented evidence I have ,that the VA cannot even read or apply their own regulations properly.

 

 

 

 

 

 

 

 

Edited by Berta
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