draggin'swife

OK my husband put in a large set of problems for the VA to look at and rate back in 2009. He went through all of the C&P exams, some things were awarded, some denied. So we promptly appealed for those conditions not granted. Everything sort of got put on the back burner when we figured out we should file for TDIU for his PTSD. This was awarded and it is Permanent and Total TDIU 100%. Now the VA, slowly, starts working on those old appeals. We had signed up for a video conference. We did not go as my veteran doesn't travel well due to his PTSD. We were just going to let the appeals for the other conditions just be denied and be done with it. Because we already have the rating we want. (at 90% before the 100% TDIU). We've been fighting with the VA and their caregiver program, which is failing miserably, and we are just done with it. BUT the VA persisted. They sent it back and wanted a C&P exam. We tried to make it to the exams but had to reschedule, unfortunately the C&P exams aren't on the automated phone in line to cancel and we ended up being no shows. No big deal. They again remanded the appeal and set up more C&P exams. My brakes are not working and we don't have the money to fix them....so i called ahead of time this time to reschedule the C&P exams and to get them spread out. They have stopped my husband's pain meds and his sleeping meds, making getting to and through a VA visit difficult. They wanted him to do a 5 hour visit one day with one specialist. And a 6 hour visit the next day with a different specialist. I asked them to spread them out. I was informed that they are under a court order to get these visits done within a certain time. Not only could they not spread it out, but the only thing they could do was COMBINE the 11 hours worth of exam time, into one trip, with only one of the doctors and said expect to be there at least 5 hours. IF we cared about the appeals, we would think we were getting the shaft and getting only half the professional attention we should be getting. But anyway. My brakes are still not fixed and my husband cannot mentally and physically handle an all day long exam. So we missed the appointment. So last night, I was looking for some reassurance from another online group. I told them we were missing the appointment. They said things like, "Now don't be surprised if the VA doesn't start reducing your already awarded ratings.", "But it was court mandated" and one lady even told me she went in for a C&P for one thing and the examiner had rechecked another already awarded disability not in question and had it's rating reduced. I was like, well in that case wouldn't I NOT want to go, especially through a rushed exam by only one of the doctors that is supposed to be there? But everyone was like, you should have gone....dread and despair. I have anxiety myself and practically had a panic attack about missing the appointment today. I left the group that I had sought help from. I am considering withdrawing the claims for now. I know there are benefits to having those other ratings done. But we are at 100% already and have been back paid. Can't we withdraw the claims for now and revisit them when my veteran is better able to endure the C&P visits? We plan on using his Medicare at the beginning of the new year for a majority of his health needs due to the new policies the VA has on some of the medications my husband needs. I have read online that it would take some work for the VA to reduce already granted benefits. I know the VA is messed up in many ways, but honestly some people have me paranoid. I was told by a friend to call a VA social worker, the closest one to us is in Dallas and explain to her why we could not make the appointments.I'm going to do that, and see what everyone here says about pulling the claims before i/we do so. Any facts and reassurance would be a big help right now. Thanks Draggin's wife

Yes he gets SSDI based on his PTSD. He was awarded SSDI before the NOD and TDIU were filed.

OK, we (me and hubby) put in a legitimate NOD (within the proper time limit) disagreeing with the rating amount for his PTSD- stating that his condition warranted a higher rating than the original rating. At the same time, sent an application for TDIU based on PTSD. Thankfully, hubby was awarded a PTSD increase and TDIU on the same “award date”. This date was the date the TDIU paperwork was received. Our issue with this is that PTSD was on our original paperwork and was awarded a long time ago. Shouldn’t the award date for the PTSD increase go all the way back to the original date of award on the PTSD? Why in the world was the award date based on the receipt date of the NOD? Also, the paperwork said that the date of TDIU award was based on the award date of the PTSD increase. (This could be a mistake for them to word it this way LOL) I realize that if the PTSD award date is wrong, this automatically makes the TDIU date wrong as well…but let’s ignore that for a moment. The date that he was unable to work was at least a year before the award date. Shouldn’t the TDIU award date go back to the date of provable unemployability? We will be making an appeal/NOD (whichever is appropriate here), but not sure what dates to fight for. Don’t get me wrong we’re thankful for this…but are we getting screwed here? Draggin’Wife

Thanks for the answers just in case...nevermind though, 100% P&T with the help of everyone here.

If I resend about 5 pages of info that I'm not sure they have received with this "Section 5103 Notice Response" , what will happen?

OK. Long sigh. I just received a surprisingly helpful letter from the VA explaining how they do things and the info they need. Also included is a "Section 5103 Notice". I have the chance to do one of the following 1. Send additional info and say we are done submitting info. (or send nothing and say we're done submitting.) AND decide my claim as soon as possible 2. Tell them I intend to send more info, tell them to wait 30 days. This particular claim is from Aug 30, 2011 and it's for an increase(s) and a first time claim for TDIU. I am hoping it's one of the backlogged cases that they intend to work on quickly. I'm confident that I have sent everything in...not so confident they have it all. My biggest issue here is do I try to see my C-file or just let this claim be decided already. (When I say "I" I mean we, and we I say we I mean for my hubby ;)

Hubby and I are pretty darn sure that there's some info missing or being missed. I understand that we can go to the VARO and see the C-file and fix any mistakes we find. How do we fix those mistakes? Can we add missing important paperwork at the VARO right then? How do we “know” or prove it’s going to finally be in the c-file instead of just shoved to the side? Since it's not certified mail, can they stamp a letter as proof? Are we going to need to double check our CFile periodically if we know new information has been submitted? Secondly – ordering our own copy of our cfile. I know they "lose" things that I would want to keep on hand. And I can imagine having everything in front of me in my own home would help tremendously. BUT, it could take up to a year to get. Any advice? Draggin'sWife

SS was granted because of PTSD. It was actually easier to get SS (social security disability) because he had already been considered to have PTSD (service connected) by the VA.

He already gets social security. That is another little tid bit that we did not have approved when the info was sent it. (We got it on the first try, I will explain how in another post.) Sending that info about being approved for social security in as well as his doctor's letter and work history. Currently researching info to prove that PTSD is P&T disabling to send with everything. Thanks for the input. Draggin's wife

Hi all, let me very quickly introduce myself. I am Draggin’s wife. A majority of what he has posted here in the past has been with my help. I’m pretty sure that from here on out, I’ll be the one posting. So when I say we, I mean him ;) After the recommendation from our former counselor, hubby decided to be up front with his doctors and psychiatrist. I finally just came straight out and asked for a medical opinion letter during one of hubby's appointments (I go into every appointment with him to help him remember things). We got it! But I have some questions and need opinions. I have questions about our TDIU and NOD for rate increase claim (which are currently being reviewed together) and this letter. Unfortunately, I am actually hesitant to send in this letter. Our goal is proving he is P&T. In the letter it says: “Based on current evaluation it is unlikely that he can be gainfully employed and in my clinical opinion he is currently unemployable” (full letter is retyped below). It is otherwise a FABulous letter. All other evidence, including the fact that he has NOT been employed since 2009(ish), has been submitted, including letters from his former employers speaking of his inability to work. My question and concern with sending it in is that the psych letter says things like “current” and “currently”…I would hate to put questions in the reviewer’s mind as to whether or not he’s Permanent and Totally impaired. Does it seem like this letter would do more harm than good? Do I send in the letter from the psychiatrist, possibly take the 100% or increase or whatever we get, and later fight for the P&T? Appeals take forever. Recently the VA requested work records from 2009 (the last time he worked) and let us know that it was our responsibility to get those records to them. I took it as a good sign that they are trying to determine the last time he worked, as we were uncertain when we originally filed. Not sure what else to do and I need opinions. Hubby is currently at 70% combined. 50% PTSD/depression, 20% other physical. Entire letter from psychiatrist: To Whom it May Concern: Mr. ______ is a 32 year old married W/M, OIF combat veteran who was in Iraq from 3/03 to 10/03, a Sergeant in the US Army stationed in Takhrit. He had traumatic experiences which resulted in PTSD. He has symptoms of PTSD and depression. The patient reports that he has been having a lot of ongoing PTSD symptom, nightmares, flashbacks, startle reactions, anger and irritability, emotional numbness, avoidance of reminders, crowds, people and noise. Difficulty in interacting with people which makes it difficult for him to go to school or even find or maintain a job. He has been unemployed for over 2 years and has not been able to go to school for over 2 months. He has been struggling with interacting even with family members and cannot stay in situations where family gets together. On mental Status Examination this is a 32 year old overweight W/M, casually dressed, cooperative. Speech was intact. Mood “irritable”. Affect was congruent, full. No FTD. He was A&Ox3. He deined any current hallucinations or suicidal or homicidal ideations. Insight/judgment /cognition fair at this time. Dx: Post traumatic stress disorder, major depressive disorder Plan: Based on current evaluation it is unlikely that he can be gainfully employed and in my clinical opinion he is currently unemployable. Support provided. Continue regular visits and therapy (signed and dated by psychiatrist) Amazing, right?!! So should I send it in? Thanks for the help in advance. Draggin’s Wifey