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Legate

Seaman
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About Legate

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  • Interests
    100% PTSD P&T

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    Air Force

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Legate's Achievements

  1. The VA will almost always cave under determined pressure on these matters. Remember that if someone controls your money they control your life. Unless I've become a drooling idiot, I'd never accept a finding without a long and sustained fight. Fortunately, it usually doesn't take that. One useful tactic is to say you're structuring all your payments on automatic bill pay with a periodic review to check accuracy. Hard to argue with that. As has been stated before, NEVER give a C&P examiner any excuse to find you incompetent, unless you truly are, which is rare indeed.
  2. J, I work very hard not to give bad advice to anyone and I apologize if I've done so. I spent a full four months researching this area before putting in a claim and I do know a fair bit about the specifcs of the SMC-S clause and how it's been applied in actual cases. I was only trying to be of help and if that upsets you then feel free to ban me. I must confess I would miss Carlie's posts however, as I've learned a lot from them. Re-reading my own posts, I see I could have qualified some of my comments a bit more, not sounding so absolute. Lesson learned. By the way, I question whether age cannot be a factor. Although your reference is correct, in fact the age of 55 or above seems to be routinely used as one of the various categories of "stabilized" claims which are not normally re-evaluated. Another is single schedular ratings of 100%, or ratings that have been in place for more than five years. You can find this information fairly easy by googling "VA stabilized ratings."
  3. Believe, despite what some people say, being young (and 30 is very young) may make a difference. It makes sense because deciding that someone that age has a permanent condition means there is little if any likelihood that their condition will improve over the next 40-45 years. That takes a lot of certainty. Yes, it is always possible, though not too likely, that they could reduce your 100%. I personally cancelled a request for reconsideration for Housebound although I had a good likelihood of winning, since I have a 100% P&T schedular award and my C&P examiner mentioned Housebound and I got supporting documentation from VA psychs attesting to that. The reason for cancelling: I hope to be able to get out more through working hard on my therapy and even if the VA said I would have no future examinations like they did, all that may change when you tack on the Housebound. I might have found myself having to go in for C&Ps every so often for the Housebound, and that examiner could also easily re- evaluate me for PTSD which, if I got a bad examiner, might mean I get a proposal to reduce my 100% award. I don't want to live with that extra possibility hanging over my head. Again, just my 2c worth.
  4. Believe, I think your SOC is correct. Without a permanent rating there isn't much likelihood that you would have a chance with the BVA. You could certainly talk to an attorney to get a professional opinion. I don't think the outcome would be certain even with a permanent rating, however. There's too much subjectivity with SMC-S "in fact" awards and the rater doesn't have to accept the opinion of a C&P examiner or any other mental health provider. Also, it's a bit of a crap shoot and they could always re-evaluate your 100% rating and the whole thing could backfire. I'm sorry you didn't have an experienced VSO to advise you about your case. It might have saved you a lot of time and grief. Just my 2c worth.
  5. Interesting...I wonder what the stats are on pre-NOD appeals (informal requests for reconsideration). I realize this isn't an official appeal method but it is widely used, particularly when the issues are fully developed. I recently had one submitted on my behalf by a VSO using a County Veteran Fast Track form. Of course if it takes longer than ten months I'll need to prepare an official NOD.
  6. It sounds like the VA decided there was an inferrred claim based on how your trouble impacted your work. I think that's more likely than a cut and paste error.
  7. I don't get your concern. You posted the same question on VBN so I gave you the same answer. Might be helpful for those here who don't go to VBN. ??
  8. When an award is granted to a veteran for a single condition of 100% or more, but others totaling less than 60%, it's required under M21-1MR, Part III, Subpart iv, Chapter 6, Section B, 3,d that the rater consider the applicant's eligibility for SMC-S under definition (B) (Housebound in Fact). So the VA's award letter should address this, one way or the other. If not, a letter similar to the following could be sent on simple stationary or using VA form 21-4138. In reference to VA letter dated XX Jan 2013, service connection was granted with a percent assigned of 100% for "PTSD, with bipolar disorder, panic attacks with agoraphobia, sleep disorder, and sleep deprivation (fill in your own here)." I AGREE with the rating, and REQUEST the required CONSIDERATION of an INFERRED ISSUE(one not specifically placed at issue by the claimant but which is derived from the consideration or outcome of a related issue from a review of the evidence). I refer to the issue of SMC-S, Housebound. Specifically, M21-1MR, Part III, Subpart iv, Chapter 6, Section B, 3,d Considering Subordinate Issues and Ancillary Benefits reads as follows: "IF a single 100 percent evaluation is assigned in a compensation or pension case, and A&A is not payable THEN ADDRESS ENTITLEMENT TO … HOUSEBOUND." My service connected conditions have gotten much worse during the past eight years, making it harder and harder to leave my house, which I do only when absolutely necessary. This has been a major focus of therapy by (therapist name, VA health clinic name), for over X years, Xmonths without improvement (see attached record). John W. Smith, Ph.D, Staff Psychologist, Peoria VA Mental Health Center commented as a result of his December 22 C&P examination on page 11, paragraph E: "He has been chronically unemployed and becoming less and less able and more and more housebound with agoraphobia and other related symptom; he does not leave his home except for therapy appointments and occassional late evening grocery shopping when out of food." For purposes of housebound benefits, the Court has held that being "substantially confined" to the home means an inability to leave to earn an income. It found that Congress intended to provide additional compensation for Veterans who were unable to overcome their particular disabilities and leave the house in order to earn an income, as opposed to an inability to leave the house at all. Hartness v.Nicholson, 20 Vet. App. 216, 220-22 (2006); cf. Howell v.Nicholson, 19 Vet. App. 535, 540 (2006) Based on the evidence I believe I meet the criteria for SMC-S and request that since that issue remains open I be awarded SMC-S retroactive to my original 100% award date of Month, Date, Year, (END OF LETTER) Oh, one last thing. If you go this route you may ask your VSO to use the County VSO Express TRack (CVET). This is a new joint project by certain VSOs and the VA to identify those claims which are fully developed and need minimal attention prior to decision. My VSO has said this has saved substantial time (many done well within a year) on his claims. He submits these cases with a special signed and stamped CVET cover letter. For the rater, getting a claim in and out quickly helps his stats and makes everyone happy. Oh, one last thing. If you go this route (below a NOD in the scheme of things), keep a close eye on the calendar. If nothing comes from this letter and 10 or eleven months rolls by, be prepared to file an official NOD. If not you may lose your ability to appeal this issue permanently.
  9. The rater may or may not be convinced that a S/C has already been established based on the evidence submitted. In the former situation, he/she will usually request a C&P, but not ask the examiner for their opinion on S/C. In cases like these, the rater has asked the examiner to get answers to any previously unanswered question necessary to complete the rating.
  10. Psychologists or other mental health practioneers apply to the VA at all stages of their career development. In fact the VA advertises in various mental health publications emphasizing opportunities for those still doing their pre-doc internships. It would be perfectly consistent (and honest) for one of these trainee applicants to say (or be said about him/her) that they are not students and not employees. I wouldn't sweat this. I'd move on and focus on other matters that could help your claim. I think you'll just waste time on this for nothing.
  11. There are many cases where a student has completed their course work but need to satisfy the requirement for X number of hours of clinical work under the supervision of a licensed MH professional. For example, all psychologists must complete practicum hours in a clinical setting while in school, pre-doc clinical hours (again under supervision, often after course work has been completed), then post-doc hours after they pass their licensure exams. Such a person would say they're not in school once they completed their course work. That could be a year or more before they become licensed psychologists.
  12. Chuck, I never had the issue of a degree come up once with the VA. SSA gave me a disability rating and it never came up there either...although they never actually examined me. They accepted the letter from my VA therapist and the treatment notes as sufficient evidence. Guess I was lucky. I did take a number of tests at the VA over time that were designed to evaluate for PTSD such as the Mississippi PTSD Scale and the Penn Inventory for PTSD. I think I also took the Davidson Trauma Scale and the Beck Depression and Anxiety Inventories. I never ran into anything that asked about degrees or ladders, thank goodness.
  13. Asknod, I worry about people becoming discouraged in the middle of a stressful process when they read your post. I understand that may have been your experience but people should realize that's not necessarily how it will be for them. I only comment on this becasue my very recent experience was so different. Maybe I was lucky but I was really surprised by the helpfulness and professionalism of the medical and mental health professionals I encountered, including my C&P Psychologist. A number of them did in fact inveigh on my behalf, so much so that I don't think I would have prevailed without them. And the days of getting 100% for PTSD are certainly not over since that's what they just rated me at and added P&T on top of that, and took only twelve months to do it. Regarding education and TDIU, I can't believe having an associate or bachelor's degree makes any difference. I managed (although it was tough sometimes) to get my degree AFTER my service-connected stressors took place and it never surfaced as an issue with the VA. Reading about peoples successes really helped me stick with it when I was deep in the claim cycle so just wanted to share mine.
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