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Jay Johnson
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Posts posted by Jay Johnson
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Wow, that's a welcomed turn of events...let's just hope the trend continues.
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excellent retvet..... always good to hear a success story (especially these days).
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The sad truth is that you filed at the wrong time leroy. The VA is going bankrupt and PTSD is the most subjective and easily dismissed disease the VA encounters.....PTSD accounts for a large portion of the VA budget and those with PTSD are the least equipped to fight a low-ball rating or non-SC. Until our SOs and/or elected officials take a stand against this practice EVERY PTSD vet will be fighting a huge uphill battle.
P.S. - As I have said MANY times, we need to boycott the SO's until they start fighting against these blatant problems on a national level. This is the ONLY way to gain national attention on the issue and drum up enough support from washington. Every vet should send their SO a letter saying "I no longer wish your services until you fix these horrible problems on a national level and I will no longer donate to this, or any other SO, until you do so". America IS money and only acts when money is involved...you take away the money and SOs WILL react (not to mention the shame it would bring to them and the clout they would lose in washington as a result).
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Though I agree with Alex in principle, I think we should put at least equal effort into stopping this illegal search. The regs are written so that the VA must take the veteran's word for SC (benefit of the doubt among others). The VA is "supposed" to have the burden of proving the veteran is wrong, not the veteran having to prove they are right. It almost never works this way as is, and we are letting them go back over the few cases in which the VA did follow regulation and break said regulations. This story should be the lead on every news channel in the country, but, once again, our SOs have failed us miserably.
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thanks Berta and Jay I am going to take a day and let myself and my wife (who does all the writing for me )calm down .this got me depressed and her madder than I have seen her in a long time.
they gave no other medical opinions in there denials. They said and I quote "it does not appear that Dr Bash actually performed a physical examination, and it is not known exaxtly what medical records were reviewed.There were no supporting reasons given for this opinion". he gave his opinion and sent my medical records that he was basing his opinion on to the va. .I have a call into him right now waiting for him to return my call hopefully he can give them another opinion maybe find out what language they actually can read and have it translated for them . As far as the ptsd goes I am already on SS disability and the C&P doctor made not of that fact in his exam. Berta thanks for all the pointers I will put them in my NOD. You know they even denied depression because they said that even though I have cronic depression I am dignoised with ptsd and they factored the depression into the overall rating for ptsd.
thanks again for your support
Leroy
Unfortunately, they are right about the "depression" and "PTSD" thing. It is another trick by the VA to keep mental disabilities lower then they should be. My wife, for example, has PTSD, agoraphobia, tricholtillomania, neuro-dermititus, generalized anxiety disorder, obsessive compulsive disorder, psychosis, dimentia (rare) AND major depression, but she is coded as having "PTSD". That would be like rating a vet with a missing leg that's blind and has lung cancer, due to asbestos, as being just "physically disabled".
If I were you I would start seeing a civilian doctor (if you haven't already) and get more information about your PTSD and other conditions (probably need more then one civilian doctor). You can submit new evidence along with qualifying your old evidence with your NOD(IE - doing as berta said and show proof, via BVA, that cases have been decided in a veteran's favor based on a review of existing medical records). Also, be sure to have someone look at your NOD, and any other information, before you submit it to the RO (post it to hadit if need be or use a SO <shutter>). NODs need to be very simple and matter-of-fact.....best to frame a NOD in a very legal format stating just the facts and any other supporting evidence (IE - citing regulations and such).
GL
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Wow, that is complete BS. Funny how they'll take a VA nurse practitioner's opinion from a 30 minute exam, but they won't take a detailed exam from a treating doctor. A 38 GAF quite literaly means you are unemployable, but the RO answers to no one and you have to take the long road to get a proper rating.
These are the cases that SO's should be storming washington over, but they don't...they plug along with the standard appeals at the detriment of all veterans. No way did the RO disprove your claim by a "preponderance of the evidence", nor did they use the "benefit of the doubt". If the VAROs don't have to follow title 38 then why even have it?
Keep your spirits up and file a solid NOD... I'm sure you'll get what you deserve.....eventually.
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If you intend to file for disability compensation I would do so BEFORE getting out of the military. AmVets had a "fast track" program that one qualified for if they were still serving (had to have a minimum number of days left in service)...this program, essentially, put your claim on the top of the VA pile and could greatly speed up your claim's process. Either way, I would look into filing before leaving the military, rather then waiting 'till your discharged.
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Berta,
That is a routine scam these days....really started with Ebay and paypal members to get your account info, but has spread to many different websites already. Any time any of us get something asking for account info it's best to call the company in question and ask them rather then replying via email:-) Kudos to you for not falling for it.
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It definitely needs to be spelled out. I have never heard of the VA awarding anything more then was asked for by the veteran (I'm sure it happens, but rarely).....I would simply quote the regs to them on the matter and ask for the higher rate. Worst they can say is no.
P.S. - I got a random quality survey from the VA (federal level) asking how the wife's recent claim inquiry went...man, this was a fun survey to fill out:-) Bet I don't get another survey......
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Wife originally got 100% schedular for PTSD without a VA C&P exam (used civilian and military records), but didn't get P&T on initial rating.
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It doesn't make sense IMO. The VA has complete access to SS records, so why ASK if a veteran is employed? Remember, if you submit ANY evidence to them, be it positive or negative, the RO can justify reopening a P&T case. Perhaps you should give them a call and see if you can ask SS to send over documentation instead (actually have the VA request so you're not the one submitting it).
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Hmm, I wonder if by responding you will be giving "new material" evidence and allowing them to reopen your case? Doesn't make sense considering they have access to your SS records.
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Jay: If I moved down to SD, I would be moving in with my Sister and her family. They could use my help, to pay the rent and with her grandkids she has custody of, since their mother is a drug addict and can't or won't change her life style.
My Sister is blind and her health isn't the greatedst because of Diabetus.
She could use the extra hands and eyes to manage the kids, plus it would more likely give me more incentive to get out and do more.
As it is, I sit at home trying to find things to do with my time and some of the things I have been doing, are getting a bit to difficult for someone by themselves, to do. I also fear that by being alone, should something happen to me, their would be no one to take notice and get help.
I'm not especially looking forward to moving to a large metropolise like SD county. But I may not have any choice in the matter, if things get any worse.
I just wondered what type of care and treatment I could expect from the SD VAMC is all.
Jim S. :(
Sounds like a mutually beneficial move:-) Good to hear that finances won't be an issue and that you're taking steps to keep yourself safe. It bothers me sometimes, because vets don't get COLA depending on where they live like they do when in the military...obviously, it's going to cost a LOT more to live in SD then the midwest, but why should a vet have to suffer because they live in a higher cost of living area? As it stands now, I may have to move because the homes in my current area have well outpaced the wife's disability income and I'ld be lucky if I could afford to buy a lower-class home at the moment (average middle-class home here is well over 300K these days as compared to 180K just 3 yrs ago). At this pace, all disabled veterans are going to be forced into the poorest parts of the country, and I find that utterly repugnant.
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As long as you compare apples to oranges, you will find that non of the VAMC rank very high compared to civilian medical care.
The care that I get at no cost to me is a tad bit slow, but other than the fact the Dr's are extremely reluctant to help you with your claim, I do get pretty good care. I've only had a couple of appointment cancelled that that was due to unforseen problems that the attending Dr or specialist hat to take care of, but I usually got a resechedule pretty quickly for my troubles.
I'm now of a three, six and 12 month followup from medication evaluation to primary care, to yearly exams for a number ongoing problems that need to be checked periodicaly.
I was sent to San Francisco for a heart cath and had a hard time getting admitted since my records were not sent down for review, but once that was taken care of the hospital stay their was quite good.
By the way, I use the VAMC in Reno, Nevada for my ongoing care and treatment. I've heard people grimble about their care and I've heard good things also. So I guess it depends on who you talk to, or are seen by. We do seem to have our share of premed and med students running around, not to mention nurse practitioners. I guess that might mean that this VAMC is a training hospital for new and up and coming Dr's.
I'm thinking of a move in the future to San Diego, California and would like to know how the service is for mental, lung, heart and pain managemnet is.
Jim S.
That's a VERY expensive move. I think the houses in my area are way overpirced (WA), but my new neighbors found their 500K home to be quite cheap and paid for it in cash.....Apparently, they sold their small 3 bedroom ranch in SD for 725K and were able to buy a home here in cash (house is 3200sqft with many nice upgrades; whereas, their last home was about 1500sqft with NO upgrades). A townhome in the SD area can easily run 600K+ with many being over 1 mil...most of california is overpriced at the moment (a friend of mine in SF pays about 2500/mnth for a 2 bedroom apartment, which is considered a good deal there). But, if ya got the money, it's a great place to live:-)
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Unfortunately, in a system of capitalism, you need money to get good health care...."free" or "cheap" health care is usually the worst.
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that is totally screwed jay. i would start complaining to the patient affairs and work my way up the chain, including congressman and senator if needed.
this kind of stuff really ticks me off. have you tried your local veterans center, that's where i go, and it has worked out really well for me.
I didn't really push the issue because she suffers from MST and lumps VA personnel with the "bad guys" and, therefore, I honestly believe that civilian health care is the best avenue for her at this time.
The problem with the VA is that it works just like the military...if you want something done you have to get someone high up in the chain of command on your side. Example: My wife had been using civilian hospitals when she was accute, but I heard of perry point from my uncle (disabled vet) who said it was VERY good. I sent an email to a psychologist listed under "perry point" telling her (the psych) that my wife had terrible experiences with the wilmington VA hospital and that they told her it would be 6mnths+ before they could get her in to see a psych. Apparently, this psychologist was the HEAD psych for ALL of maryland and had the head psych from perry point call me the same day she recieved the email. My wife was suicidal at that time and needed to go in, so this doctor personaly sent an ambulance over 100 miles to pick her up and bring her in. They even brought in a sexual trauma specialist from baltimore (over an hr from perry point) just for her and gave her a special section in the hospital away from the other "male" vets. It's amazing what you can get when the right person is on your side.
VA health care is very hit or miss...when it's good it can be great, but when it's bad it can be among the worst health care in the world. It's ashame that you need people on your side to get the health care you deserve:-(
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No future exam is scheduled.
Jim in Sequim
In this state(WA), if you are disabled you are exempt from paying property tax. However, your income cannot be more tht $3500(I think this is correct) a month.
I collect VA at 100% and collect SSA, so I have to much income. Go figure, I think it is time for me to lobby the state reps.
Jim in Sequim
That's good to know for my appeal, thanks.
As for property taxes, WA state is horrible for veteran's benefits...I've already written some letters to state officials asking for, at least, some property tax relief (houses are pricey around here and so are the taxes linked to them).
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As I tell everyone, get a private doctor (or 2) and get some IMOs. If you let the VA handle your claim from VA doctor to RO you will be starting off on the defensive. Be offensive and have your ammunition ready when you file your claim. Also, a private doctor will be more willing to diagnos you with PTSD related to combat then a VA doc will.
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The spouses are always left to fend for themselves. Being the "husband" of a PTSD vet has been more difficult then anything I've ever done in my life. When a person is totally reliant on you for everything and cannot even be left alone, it's like having someone who is paralyzed from the neck down (in some cases worse). I deal with constant mood swings, nightly counseling sessions, etc.. The wife rarely helps with our 3 young kids (they cause her a HUGE amount of stress) and can only help with household chores on "good" days and only for very short periods of time.
I am not able to work (trying to find something to do at home at the moment) and I play the role of husband, father, psychologist, psychiatrist, maid, accountant, mentor and VA repressentative on her case.....I increasingly find myself on the verge of insanity and egerly awaiting death, but suicide and depression don't fit into my schedule these days.
What's worse, is that the wife looks normal for the most part (aside from missing eyelashes, eyebrows, and sores from picking and pulling)...Most people see her smile and think, "this guy is just lazy". You see, at least with physical disabilities you get empathy from the majority of the people you meet, in cases of psychiatric problems people just don't understand. The VA may have compensated her from her problems, but what do I get for giving up my life to ensure that she has one? The VA, and society in general, are still in the dark ages when it comes to mental health and the implications therein.
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Hardest thing to prove either in the VA or civil court. There is a lot of data that shows even the most trusted vaccines can cause severe damage to susceptable people and the military uses vaccines that aren't fit for animals.
P.S. - When you're fighting a vaccine issue, you're not only fighting for VA comp, but, potentially, a civil suite against the vaccine maker...the FDA and drug companies spend billions to make sure you don't make that connection.
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Congratz....did they schedule you for a future exam? My wife was found P&T by seattle with an exam scheduled for one year (she even has housebound).
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Wife was in perry point for PTSD for about a month...upon release she was scheduled to see a psych 2 mnths out. When the 2 mnths came we got a phone call saying the doc needed to cancel and rescheduled for 2 more mnths out...when that 2 mnths came we got a phone call saying the doc needed to reschedule and they gave us an appointment for 3 mnths out. Needless to say, we shop'd around for a civilian psych and paid for it out of pocket.
P.S. - She is 100% SC
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Good idea IMO....we'll have more rights to hold them liable if they aren't protected by the federal goverment (if they break regulation we can sue). Private health care would give vets choices, which is always good.
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Jay --
Not true about vets not having a national voice: DAV has a shining bright building and are major players on the Hill and the Administration. If the Admiistration or Congress want something that DAV opposes, it doesn't go anywhere; and if DAV wants something that other SO's oppodr (like atty's in the RO), Corressess goes with DAV.
PVA is also a major player and has a big staff that deals exclusively with federal issues. Both DAV and PVA have lots of lawyers that practice beore the court, and can control policy that way, too.
Alex
Alex,
If this is true then why do we have so MANY vets being screwed by RO's that refuse to follow regulations? Why hasn't the DAV taken a strong stance against the new PTSD commission? Why do veterans have less rights then enemies of the state? Why are 250K+ veterans homeless when they should be receiving high levels of compensation? Why did more people die from PTSD after 'nam then died fighting the war itself? The DAV does NOTHING to help veterans on a national level...in fact, they do a great disservice by taking single claims. The DAV helps the VA by keeping these gross violations on a singular level.....the VA counts on these SO's to abuse the system to deny and low-ball claims.
I'm sorry, but I feel SO's are among the lowest forms of life on the planet...it is my belief that they work with the VA against veterans rather then with.
My C & P Results
in VA Disability Claims Research
Posted · Edited by Jay Johnson
Looks like your PTSD should be in the 70% range, but I wouldn't expect more then 50% initially. You may also have a problem with the Axis II issues of personality disorders. I would do everything you can to get an IMO stating your condition is realted to PTSD and you have NO personality issues. Best of luck.