ptsd Rebuttal Kicked Back?!?

[BigCountryVet]

This is probably yet another of many similar type concerns -- recently the adjudicator deciding my re-eval c&p sent me a letter saying he/she was proposing my 70% (ptsd) be knocked down to 50%. The ironic thing is that during my c&p the psych dr diagnosed me additionally with two more diagnoses -- major depression and agorophobia (i get even more severe and they want to reduce?). Anyhow, I take the proposal of reduction letter to my Veteran Service Officer here where I live and he provides the social security disability award letter i have since received and a va for requesting for a redo of that c&p. Subsequently, some lady at regional in Waco send me a letter stating my rebuttal was no good. She stated the decision on the proposal to reduce my percentage had to first be made in order for them to accept my rebuttal. Yall, I hate to be "that guy" who does nothing but rant and rave, but i am at my wits (the ones i still DO have) end. I feel like I've got my hands tied behind my back and that all these levels of the VA are giving me conflicting stories. Please, anybody... I need help.

[poolguy11550]

BCV,

1. You must send it to the regional office where you filed your claim. Its best to walk in and submit a one page letter detailing your concerns. Have a copy of the letter on-hand and get it date stamped so you have a record of exactly when and what you filed. If you have to send certified mail, ask the postal clerk to stamp your copy of the letter that you sent. Then when you get the cert. card back staple it to your stamped letter.

2. Simply state your need for assistance in addressing the proposal and to make the new evidence "for the record" in consideration of such. This will be helpful if your claim goes to the appeals process- A) You asked for assistance. B) you made it known to the R/O that there is new evidence to be weighed. Should the R/O ignore your letter, this secures the retro-active pay when and if you win on appeal.

3. There is no department to specifically address the letter to, as it will run though the system and have a 50/50 chance it will get ignored. But, you will have this recorded (at least your copy) and that will be a big help in an appeal.

4. Is your SSDI award the same condition/s for your S/C condition/s?

5. Looking into attorneys is good, but if things are as you state you can do this yourself in about the same time- either way it goes with the R/O.

[Berta]

"Two of my strong pieces of evidence in support of an increase from 70% to something higher are: my new SSDI award letter and my most recent (May 2010) C&P full review notes. This most recent C&P notes that my original C&P warranted me lower level diagnoses followed by the newest diagnoses which have, by comparison, worsened (NOT improved) I am going to start researching local attorneys to have on deck in case I don't see any results following your reccomendations."

Is the SSA award solely for PTSD?

Did they know that and attempt to obtain your SSA records?

"my psych doc did let me know I was probably the most severe case of PTSD he's dealt with as a military psych dr."

Does VA have that documented?

My husband's shrink said his PTSD was catastrophic and put it into his records along with numerous psyche test results.He also received SSDI solely for PTSD and VA was aware of that.

It took 6 years for him to receive 100% (from 30%) and he was dead by then for 3 of those years.

Make sure the VA has obtained the SSA records as well as any critical psychiatric records that, for some reason, might not be a part of the med rec file.The reason his claim took so long was VA's failure to obtain the SSA files and also failure to consider his complete documented psychiatric record at the VA.

For some r4ason these records were not part of his med rec files and his doc gave me copies of them to submit to the VA.

[john999]

Can you walk it over to the VARO and get date stamped copies of your evidence? I don't trust the VA as far as I can throw them.

[BigCountryVet]

Poolguy, Berta, and John:

I am going to go ahead and send a certified letter of my intent to obtain assistance and get MY copy date/time stamped by the postal clerk. Should I mention in that letter that I want them to acquire my SSD award letter directly from the SSA? or should I include a copy of the award letter with my request for assistance? I was awarded my SSD for PTSD. My original attempt to send correspondence to the VARO was by the help of my local Texas VA Rep. That correspondence did include a copy of my SSD award letter. Berta, my psych dr who told me I was one of his worst cases types a lot during my sessions so he may or may not have recorded it in his notes. I am going to ensure that he gets that in his records. He did tell me he would be sure to write something up for me to support my claim process.

So......1.) Send a stamped certified letter to the VARO inquiring for assistance. 2.) Either include a copy of SSD award letter -OR- request that the RO directly request copy of award letter from SSA. 3.) Ensure my psych dr has it recorded about my severity of PTSD.

Have I missed anything that I need to be doing up to this point? I feel like I am getting more effective help from you ladies and gentlemen than at the local level. Thanks again, guys.