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Va Now States Error With P&t

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RetiredVet

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When I received the VA's standard yearly I notice they did not have my P&T on it. So I sent them a letter through my senator asking them why this was not on it. (I sent it through my senator since my last four letters sent by mail for the clothing allowance they say they never got).

The VA's reply is that I am not P&T and I am scheduled for a review in June. They also said if I was P&T I would not be scheduled for the review.

So I sent them a copy of my award letter stating I was given P&T 6 years ago. I was already 100% IU before the DAV had requested the P&T rating for me. The VA replied that the P&T was in error. It has been six years now since I got the P&T rating.

The person I normally speak with at the DAV is gone for a few weeks so the person I spoke with had no idea what is going on. She did say when she called back that the VA states they have stopped my wifes DEA. This will also stop my waiver for S-DVI premiums I got for being P&T and affect other things.

The girl at the DAV also said they told her my 100% IU rating was right. Then she suggested I just wait for my review in June.

The DEA and VA insurance people stated in their approval letters that they had checked with the VA and verified I was P&T. I sent copies of those also so they would see I am not the only one that knows I was in fact rated P&T.

Both replies were faxes sent to me through my senator and not signed by anyone.

The VA gave no reason for doing what they did or said anything about how I can appeal. No other notice given and only after I sent them a copy of the P&T paperwork they stated that it was an error. It seems they also did not think I still had mine.

They also just decided on this according to the girl at the DAV and they let her know they have stopped everything.

I get all my medications through the VA. I see a VA doctor every month for one of my meds because it can only be issued 30 days at a time. I see local psychs, but get both my psych meds from the VA. I see the VA social worker about twice a year and she refills my meds. I got a letter from my VA doctor in 2006 stating that I am not now nor will I ever be able to work. I got that in case I needed something for ILP.

I was told this letter is too old for them to use. So I need to get a new one according to them. But that should have shown the VA that my VA doctor still agreed that my condition was permanent and total and that they made no error.

So I don't know what to do. Should I file a NOD? My wife wants me to go see my psych as soon as I can because I am losing it.

Even if I file a NOD they have already stopped everything. I just don't know what to do.

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I remember a while back when some Veterans who won their claims and did not receive anything that said they were P&T got the full benefits. After a while it got so confusing the standard advice on Hadit was to ask for the benefits and see what happened. This was for TDIU that I am referring to in this post.

I got my 100% IU then my DAV rep applied for P&T for me and I was awarded that.

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I got my 100% IU then my DAV rep applied for P&T for me and I was awarded that.

My S-DVI insurance clearly states on it that they verified my P&T status with the VA before they issued the one with the waiver. Forgot to include that.

In the meantime my wife is going through all the paperwork from back then. Yes we kept everything and it is in plastic bins except for the important papers assigning the awards etc.

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Any action that adversely affect your benefits has to have DUE PROCESS. If your spouse had CHAMPVA, there was no future exam in the system. Do understand that the VA can requre you to have an exam even if you are P&T until you have it for 20 years. Something smells a little fishy! :lol:

Not sure what is going on now. I called the VA Monday to get my c-file (find out how to get it)and I was told the DAV has my file. I tried to call the DAV Monday, but no one ever answered so I will try again on Tuesday.

I also got a call from my lawyer and he said he will take my case.

Yep P&T stated no future exams and so did my 100% IU award, but that does not mean anything basically. But it does mean something when they do all of this after I complain to the VA about my yearly letter.

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Something is drastically wrong here-

"The VA's reply is that I am not P&T and I am scheduled for a review in June. They also said if I was P&T I would not be scheduled for the review.

So I sent them a copy of my award letter stating I was given P&T 6 years ago. I was already 100% IU before the DAV had requested the P&T rating for me. The VA replied that the P&T was in error. It has been six years now since I got the P&T rating."

If they gave no reason or bases at all-nor any reason they made an "error" and if this was not an official proposed denial of P & T Status-

I suggest you make some waves with their director and call the VSM as well-

If you tell me what VARO I will give the contact numbers I have-

Is the wife in school now under DEA?

If so she should have been given her appellate rights.

and where were YOUR applelate rights here too?

This stinks-you could wait for the new C & P but still-

someone really seems wrong here-

"I was told this letter is too old for them to use."

Who said that?

VA has every right to order C & Ps whether a vet is P & T or not-

this is different-

even if the VA did make a reasonable error-you still have appelate rights- and nothing like DEA or the SVLI waiver should have been stopped-

Yes Berta it is a mess that has upset me a lot. But my wife did get me in to see my psych Tuesday which is today.

I also got a reply today from my lawyer and he said he will take the case.

When I called the VA Monday to get a copy of my c-file I was told the DAV has it. I tried to call the DAV, but no one ever answered. I tried several times, but it was Monday and I guess they were busy. I will try again Tuesday. Maybe my regular contact person is back at the DAV and looking it over.

What I did not think about before is the VA quoted one sentence on the fax from my award letter and then stated it is in error. That is what the fax says anyway. In my confused state I just lost it for a while (a week so far) and my wife has been watching me closely.

Yes, this should have been an official letter with a chance to appeal and a complete explanantion of why etc. Not just an unsigned fax.

My wife was going to go to college in the fall. But she has to get everything done now or by next month or something like that. She knows more about that than I do.

This also affects her DIC. Only four more years to go and she would be entitled to that.

The DAV person last week told me that is what the VA said about the doctors letter being too old, but that person was very confused on everything. I think the person is new. My regular person I have dealt with at the DAV was not there and was gone somewhere. The same person that got my P&T award for me.

I still think someone got mad when I pointed out problems with the yearly letter the VA sends out. But they have now affected my family more than anything and that has really upset me.

They gave me a fax with no signature and no appelate rights.

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"But it does mean something when they do all of this after I complain to the VA about my yearly letter."

The VA was caught-last year- by failing to send these annual letters out in time for the vet to respond and they were proposing to reduce comp when the vet didn't respond in time-

to what they didnt get in time.

One more way the VA somehow finds the time ( with the extraordinary backlog of claims they should be working on)

to try to screw a vet out of something that is theirs.

I am glad you found a lawyer-

this is just unconscionable what they did here-and you are by no means alone in feeling despair and disgust over it.

But it will get straightened out.

Is your wife a Chapter 35 student yet or any of the children?

This could hold up their tuition reimbursement payments.

VA almost buggered my CHAMPVA in a similiar situation.

I just realized thinking about that- they could have also messed up my Chap 35 as I was student at that time too-

But I raised Hell and they fixed their error in 3 weeks.

That was a few years ago-the VA is even more messed up now.

If vets don't have PTSD before they file a claim I swear they might get it from the VA itself.

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"But it does mean something when they do all of this after I complain to the VA about my yearly letter."

The VA was caught-last year- by failing to send these annual letters out in time for the vet to respond and they were proposing to reduce comp when the vet didn't respond in time-

to what they didnt get in time.

One more way the VA somehow finds the time ( with the extraordinary backlog of claims they should be working on)

to try to screw a vet out of something that is theirs.

I am glad you found a lawyer-

this is just unconscionable what they did here-and you are by no means alone in feeling despair and disgust over it.

But it will get straightened out.

Is your wife a Chapter 35 student yet or any of the children?

This could hold up their tuition reimbursement payments.

VA almost buggered my CHAMPVA in a similiar situation.

I just realized thinking about that- they could have also messed up my Chap 35 as I was student at that time too-

But I raised Hell and they fixed their error in 3 weeks.

That was a few years ago-the VA is even more messed up now.

If vets don't have PTSD before they file a claim I swear they might get it from the VA itself.

The annual letter I was talking about was not the letter to show I have not worked. It was the annual letter where they show your rating etc so you can use the letter for benefits. Not sure what they call that one. Anyway this letter you do not have to respond to, but since I saw an error I responded to it. They listed everything except the P&T.

I went beyond despair to pure hatred toward who did this. And I still want to know who did this.

My psych wants me on ambien to sleep and wants my wife to watch me closely and call them if she needs to. I told my psych I don't want to take any more meds because I already take three that have interactions and one of them I had been taking for about 10 years, well about a month ago I had a severe reaction to it.

I did get to leave a message with the DAV today. Person at DAV that answered the phone told me my regular person I asked for was not in his office and that she just had another vet looking for him. So I told her to let me leave a message and I would try to get up there this week. I still want a name of who decided this and to find out what the DAV guy says about all of this.

In the meantime I am going to let my lawyer do what he is going to do.

My psych told me today (Tuesday) not to worry about it, but I do worry. My wife told me that because I see the two local psychs every month (PH.D's) and more often if needed and they have seen me for 10 or more years is why they probably told me not to worry.

I see my VA social worker about every 6 months to refill my meds. My VA social worker knows I see local psychs through my military retirement health program. I also made an appointment to see my VA social worker.

SS looked at all my VA records and decided that my mental condition alone was enough to evaluate me for SSDI. I have been on psych meds since before I retired. And I have a list of SC physical problems as well. Everyone knows how thorough the SS people are. They get their own evaluations for mental and physical.

I think if someone at the VA other than who did this takes a look they would decide otherwise unless someone there is mad at me. And to tell me a VA doctors written opinion is unacceptable makes all VA doctors opinions unacceptable the way I look at it. So that would make C&P exams unacceptable. And this VA doctor that wrote the statement about me not being able to work now or in the future has treated me since back in the 90's, so he knew me well. I wonder how the other VA doctors will feel when they hear this?

The VA probably thinks I won't appeal their P&T decision and just wait for the review in June as they call it. But it is going to be appealed.

When I called the VA for my c-file the guy took my info and then asked me which VA my c-file is at. I thought that was an odd question. I told him my c-file is there where he is and then he looked for it again I guess. He then said the DAV had it and since they had the file it may take longer for me to get a copy. Is he trying to cover up that they do not have it?

I have not told my lawyer this yet. But I will. I am glad I recorded this. So again it seems someone is doing something illegal. Maybe they lost my c-file? I did not post the entire recording on here, but I will send it to my lawyer. But this again seems to show someone at the VA got mad and this is possibly retribution. I have a copy of my c-file after my awards were given back in 2003.

I do not think they can justify rating me for less than what the doctors I have seen for years through tricare have said or SS.

So maybe my psych's are right. I should not worry about this. But I do and I do get very angry over this.

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