[Married Disabled]

Thank you for the link. It was a little more specific than what I was currently running across. Wish I could find those prorating instructions though.

Still, my interpretation of the information on the link you provided is that the effective date is the date of discharge or outpatient surgery (which is the one that applies in this situation). So, he should go to the 100% for a previous SC disability as of the date of surgery, not the following 1st of the month.

Thank You.

[Married Disabled]

I have searched the web and it seems regulations I could find before are hiding from me, but I have never found this one.

Could someone please tell me where I can find the regulations concerning pay of two married disabled veterans?

While I am at it, I guess I will ask for the one that now appears elusive. I found on the web a while back the pay instructions for someone with a 21 day certificate or convelescing from surgery that pay was to be effective the day of discharge or date of surgery to be prorated. Now I can't find it. I have looked in the Chapter 38 regulation, but that isn't instructions for pay. These were actually telling the VA employee how to figuer it.

Thank you.

[Denial Of Treatment]

I like the advice of consulting an attorney. You have a couple of issues here. First, this sounds like something that should be covered by workers comp and by your husbands work asking him to sign that he wouldn't file workers comp in the future if the injury is aggravated is a telling thing and second, you might have an EEOC violation here. Disabled Veteran's are not a defined class protected, but a person with a disability is. I am suprised the patient advocates office hasn't been helpful in getting your husband's care under control. How can a consult be rejected? That sounds crazy to me.

I appreciate the thought on the attorney, but like I said, he has a new job and he isn't willing to risk losing it going after the other job. The issue is where to go with the VA. I was suprised that the advocate didn't help worth a damn either, but upon meeting all of them at his last appointment, I will just say I have never met so many people that are completely apathetic to what is going on with another human being. And yes, I know it sounds crazy that it was rejected, but it was by the Indianapolis VA.

[Denial Of Treatment]

I was just looking for a suggestion as to what approach to take with this as it stands. Anyone?

[Denial Of Treatment]

If he has medical insurance go see a private orthopod and get it done right. This BS could go on for months. I would not take my cat to the local VAMC for surgery. I would not even let them give me an injection. You can get workers compensation for the injury because even though the injury was SC the job he does now aggravated it. Do you have an workers compensation lawyer? I would consult with one pronto. It is illegal to fire someone who is injured by direct or aggravation of a pre-existing injury form work duties. I had a service connected injury that was aggravated by work and I got workers compensation. Usually, you must choose one or the other.

It has already gone on for 6 months and they said a year as far as increase in s/c. Job would not take him back without a medical release or him signing a statement he wouldn't claim workman's comp if it got worse. He found a new job. Has no other health insurance because that went out the window with the other job. He is working now and was waiting on the VA to schedule the surgery...that is where we hit the brick wall.

[Denial Of Treatment]

Your profile says: 70% PTSD, 100% IU. Is that your husband's VA rating or yours? If it's his, he cannot work, or loose his IU status.

What did I miss ?

My rating.

[Denial Of Treatment]

Sounds like my VARO, My former SO and 2 VAs in NY-

"Called yesterday to be told by primary that the consult was rejected and that he should be put on anti inflamitories."

you mean they rejected a surgical consult?

Yes, they rejected a surgical consult.

"Something is wrong here-was a formal claim for TDIU benefits filed when he was completely out of work due to this SC disability -which got worse?"

On a statement of support of claim form this is a names removed copy of what was filed July 24:

I currently have a 10% service connected rating for my left shoulder. I am requesting an increase in rating for my left shoulder due to the following:

On July 14, 2007, my left shoulder began to become increasingly painful. On July 15, 2007, I left my job as a paramedic at PLACE OF EMPLOYMENT at 2 pm due to the increasing pain. My shift started at 7 am and was to continue to 7 am the following morning. I took my vacation day for July 18, 2007, my next scheduled 24 hour shift, due to intense pain in my left shoulder and scheduled an appointment with the local VA Clinic. On July 19, 2007, I saw Primary Care provider in the local VA Clinic. She scheduled an appointment in BLANK with the orthopedic doctor, prescribed Tramadol HCL 50mg 2 tablets 3 times a day for the pain (30 pills plus 180 pills sent in the mail), and put my left arm in a sling. On July 24, I met with the orthopedic doctor in BLANK. He wrote the enclosed letter for my job and told me to continue with the Tramadol. When I told him I would be unable to perform my job without using my left arm or drive to work while taking Tramadol, he told me I needed to take it up with my primary care physician. He scheduled an MRA to be done as soon as can be scheduled.

I went to the Decatur VA clinic to meet with my primary. Letter is enclosed.

In conclusion, I have been unable to work since July 15, 2007, am currently unable to use my left arm which is required for my job as a paramedic on an ambulance, and am taking Tramadol the effects of which do not allow me to drive or perform my duties as a paramedic.

With following attachments:

Letter from ortho stated: the above named patient has been advised not to do work involving overhead activities, pulling/pushing, or lifting over 25 lbs. weight for approx. 2 months.

Letter from primary stated: Patient is unalbe to work until further evaluation with MRA of shoulder at which time a long term treatment plan will be written.

Is there any pending claim for higher rating?

[Denial Of Treatment]

Thank you, but we are no where near Florida.

[Denial Of Treatment]

This is rather a long story, but hopefully I can keep it brief, but may omit a few important details in the process. I would like some suggestions on how to proceed with this because I am lost at this point.

In 1999, my husband had reconstructive surgery on his left shoulder at the VA hospital. Claim was lost and wasn't pursued at the time. In 2004, he refiled and was given service connection 10%. He is a paramedic. His job is to treat and LIFT patients. His shoulder has acted up since the surgery. In July, he left work early (first time ever) because the pain in his left shoulder became so severe he couldn't do his job. Saw primary at VA. Ortho referral. Saw ortho same week at VA hospital. Note from both unable to work and pain meds prescribed, MRA ordered. First MRA available September 11. Sent paperwork to Regional office with both letters from doctors that couldn't work asking for a temp upgrade. HAH ! MRA switched to fee based and done August 21 - labrum tear. Then we wait. Can't get ahold of primary. VA refuses to pay until day surgery is done. No workman's comp because VA s/c. Finally talks to primary to get release to return to work because falling through cracks. Primary refused to release to work. Loses job, insurance, benefits. Finds new job. Goes back to work. Still no appointment given from VA. Finally, November 12 sees ortho for five minutes to be given a referal to yet another ortho department further away because this VA hospital can't do this surgery. More waiting. Called yesterday to be told by primary that the consult was rejected and that he should be put on anti inflamitories. Now, he has been for 6 months. He has returned to work since the VA can't take care of the mess it created and we have 5 kids. Don't know how much damage he has done to it further his only light at the end of the tunnel was that this surgery would make the pain stop. For six months, I have been watching him live with unbearable pain and popping narcs like they are candy and everyone passing the buck.

We have contacted 2 Senators offices one that is a presidential nominee candidate. Gotten no where. Talked to SO. gotten nowhere. Talked to regional office, patient advocates, head of hospital...nowhere.

This seemed real simple to me. You put someone out of work - you put them at 100%. They need surgery to put them back off of 100% - you do the surgery. You don't keep prescribing them narcs and have them lifting patients an average of 45 or more people a week. My husband loves his job and just wants to be able to do it.

Thank you,

Andrea

[Re Evaluation]

You have already been service-connected for some time, so they don't need to re-evaluate that part of the

I wish I could be there with you, but we'll be here and you can post right up until you go through that door. We each have to carry our own rucksacks, but we can all carry them together!

Keep us updated. HUGS !! ~Wings

In the meantime, since your C-File has been forwarded to the VAMC that's going to examine you, you do have the opportunity then and there to

[Re Evaluation]

Thanks, Wings. Looking at the site in just a second. This is getting to be a merry go round with who has got the file.

I will post the state when I get the letter that I was made P and T in April. THen I will be more than happy to warn people of what will happen if they move here and their file eventually gets sent here. Mine took 3 1/2 years just to get sent. Paranoid, ya know. Okay living in the state way beyond paranoid at this point. :D

I called the DAV they finally called me back and told me the VA told them the file is not in the state I am currently living in, not in the state I moved from, but a third state that borders us where the C & P is scheduled because it is the closest VA facility to me. Called that state's DAV, told me nope - my file is in the state I live in. BUT, he read off to me what the screen said - eligible for CHAMPVA and Chapter 35 (or is it 38) for dependent and spouse education and no further exams scheduled. Then he says - you are P&T backdated back to the original decision date. I'm sorry to him because I started crying. I asked if he could send me a copy of that and he told me he will try to track it down and get it to me.

Andrea

[Re Evaluation]

I second Patrick and John. Just make darn sure the VA receives the quetionaire within the 60 days, or they'll reduce the IU to the veterans actual percentage.

Vike 17

I already did the 4140 in February and sent it back. Have been getting them for a couple of years. I am being sent for another Compensation and Pension Exam. I finally was told why today, which I had already guessed, but simply because my file moved from one state to another, this state's automatic procedure is to immediately schedule a C & P exam BEFORE even looking at the file. So now, I am trying to get someone to tell me what happened in April to generate the two letters one for CHAMPVA benefits and the other for dependent education while my file was before a board in the first state. Noone in the state I am in now seems to have a clue.

Thank You.

[Re Evaluation]

Thank you for all of the information.

I got someone to represent me today. She called around to find that the regional office of the state I moved to has not requested anything further, but that I am scheduled to be reevaled in Feb, 2007. They recommended that she call the hospital that the C&P is scheduled with and ask why. She called the hospital and they told her the office she had just spoken to had requested it, although they claim they haven't. The two letters of entitlement that I recieved were from the state I moved from that decided my claim to begin with. I tried calling the DAV there to ask them to look it up in that state and send me a letter stating my status, but I got the run around and will have to call back tommorrow. Basically, I have learned nothing and it ended with her writing a letter including the letters of entitlement, asking that my C&P be moved to a different location or cancelled, and that I be made P&T. Who knows. Their all confused.

Thanks.

Andrea

[Re Evaluation]

It sounds to me like they're trying to take away your IU before you hit the magic 5 year mark. Once you've been at a particular rating for 5 years, it's harder for them to lower it - legally. I'd check to see when you'll hit the 5 year mark and try to delay the C&P until after.

Angela

I will check the date on that. I have no idea. Thanks.

Andrea

[Re Evaluation]

Dear Vet

Most vets after 5 years get PT without having to attend any examinaton. Get copys of your past medical records and make sure they are consistant with your disablity. Make sure the rulings they make are consistant with the medical records.

Terry HIggins

It is nice to know that once again, I get to be an exeption. I never initiated anything. I just want to be left alone. As to the medical records, they have everything that has stated forever and ever what happened and what the results to me were, so I am not sure what i could add to it.

What can I expect during a second eval for PTSD if I have to go.

Thank you.

[Re Evaluation]

I was wondering if anyone might have gone though this:

I have been rated at 70% with 100% IU for about 5 years for PTSD. For the last couple of years, I have been recieving a form from the VA asking me if I have worked. I fill it out no and send it back. I got one this February and sent it back. In April, I got two seperate letters talking about my family possibly being eligible for CHAMPVA in one letter and Chapter 38 education benefits in the 2nd letter. I finally called the VA and asked if I had been made P&T. The person I spoke to on the phone said that they are no longer able to see if someone is P&T in the computer. I explained about the letters and they said I must be if I was getting those letters. I asked about future exams and they saw none scheduled. They then asked me if I had asked for my case to be reviewed and I said I hadn't. They told me it was before the board. At that point, there wasn't much I was going to ask and figuered I had gotten the letters as some action taken.

On Friday afternoon (I just love how they do that), I recieved a letter in the mail that I am to report for a C&P exam on 9/11 in connection to my claim. I have no clue what is going on and when I had spoke to the VA before 3 years ago, they told me I will not need representation for a re eval.

Anyone? And what can I expect during this exam?

Thank You.