Jay Johnson

This is par for the course. If the tables were turned (IE - the military discharged him for a personality disorder and the VA doc said it was PTSD), you can bet that the RO would go with the military opinion. This is another case of SO's failing miserably at protecting veterans, because this is a common issue across the country of a rules violation. The regs clearly state that you have to prove a case by the preponderance of the evidence and that doubt should be in the veteran's favor...this clearly isn't the case these days and the RO's are going with the lower evaluation EVERY time even if there are several higher evaluations and the higher evaluations are done by doctor's who have more time in the field or are better qualified. Until we snap these SO's into line you can expect the same thing over and over and over and over again.

Berta, Well, there's a big difference between brain disorders (like what your husband encountered due to stroke) and declaring someone incompetent because they have a severe psychiatric disorder. A lot of people in this country, and the VA, believe you must have some level of retardation if you have a psychiatric disability....this, obviously, isn't the case at all and if someone has the where-with-all to find and post to this forum then they can easily spend 20 minutes a month paying some bills when they are having "good" days. I have also noticed that the VA expects a veteran with severe PTSD to be severely disabled ALL of the time. Even though the regs make it clear that psychiatric disorders have "highs and lows", if a rater gets wind that a veteran was able to do something somewhat "normal" you can bet a low-ball rating is not far behind. I have done extensive research on this topic and I can assure you that there is NO connection between psychiatric disorders and spending problems. I came across a few studies that suggested that even people with disorders synonymous with spending sprees (like bipolar) do not over-spend simply because of the disorder.. the studies suggested a genetic predisposition towards spending problems and the disability just caused it to worsen some. The VA abuses this program regularly and uses it as a means to spy on vets with PTSD and to give impromptu inspections to ensure that they are as disabled as they say they are....why else would the fiduciary have a policy of making surprise visits on vets that are terrified of change and "surprise" visitors? They "claim" it is to make sure the vet isn't being abused, but their role is not to ensure the safety of vets..they are there to make sure the vets bills are getting paid and their money is being used to support the veteran. This can easily be established by credit reports, bill summaries from creditors, bank statements, etc...whether or not a veteran's house is clean has nothing to do with it. Personally, I take great offense to this program because there is SO much potential for abuse to veterans. It is, by far, the worst program the VA runs and the SO's can't praise it enough:-(

My guess is, by what has been described here, that you cannot file for retirement if you are not enlisted, but there's a catch...when you enlist you typically enlist for active duty for, say, 4yrs, but you also agree to 2-4yrs of inactive reserves. I'm betting that they will allow you to file for actual retirement after discharge based on the fact that you are still "technically" contractually bound to the military. I would find it hard to believe that the military would give out money if they had no contractual obligation to the veteran...that would be the VA's responsibility. Just a guess though:-)

Not one single psychiatrist in the greater portland area accepts either medicare, tricare or champVA....these are among the worst insurance companies in the country and, if I were a doctor, I wouldn't accept them either. Next time you get one of those "this isn't a bill" letters from tricare/medicare/etc, take a look at exactly how much they pay for services....I remember one in which tricare was billed about $3000 and they only paid $19. Often times, there will be several charges on the list that are just flat refused and nothing is paid...would you accept those terms as a doctor? Unfortunately, the doctors who tend to accept these insurances are often some of the worst doctors in a given area, because the good ones won't work for scraps.

I'm not 100% sure by your post if you are already SC for PTSD or not...it's sounds that you're not, but could be, in which case I would not hold my breath waiting on the VA to evaluate and rate your PTSD. You will need to open a claim specifically for PTSD and follow the typical guidelines. As far as time is concerned, you won't get a definitive answer from anyone here, because every RO is different and every case within an individual RO takes different amounts of time to process. It is best that you play an active role in the process and follow your C-file from the RO to the doctor and back, getting copies where you can. It also helps to make some contacts within the RO to expedite your claim and to ensure that it touches the least amount of hands (IE - mailing evidence to general addresses means several other people, including the raters, will touch your file at some point)....my contact in the RO takes my wife's evidence directly from us to the raters via fax. Also, you may want to be more specific about your condition so I, or others, can give you some specific pointers on what to expect during your exam and help you to best represent your symptoms (every disorder has a different C&P exam).

They do take their own doctor's opinions....IF it means a lower rating. As I said in my reply, if this veterna's situation were reversed (IE - he got the higher GAF from the civilian rather then the VA doc), then the RO would have taken the IMO over the VA opinion to justify the lower rating. As pete said, these people are trained to make the process as difficult as possible and they will almost ALWAYS go with the evidence that is in the VA's favor, despite the fact that the regultions state then the VA should award in the veteran's favor. The regs are great, the problem is that the VAROs don't have to follow them.

MY wife was found incompetent upon her initial claim to the VA. She was never even seen by a VA doctor and recieved a 100% rating with incompetency based on civilian and military documentation. I put the package together with a SO from amvets and the only mention of competency was from her AF pscychiatrist which said, "she is competent to handle her own affairs". In fact, we didnt even find out about her incompetency until 1 year after she was initially rated and her case manager showed up, unannounced on purpose, on our door-step and told us that he was there to evaluate her "incompetency. When I asked how and when she was found incompetent I was told that "she was 100% which usually automatically qualifies her to be incompetent". Also, when my wife filed for A&A I was told that she HAD to be incompetent in order to even be considered for A&A. To my knowledge, there is no exam for competency in the VA system aside from cognitive tests. They do not care if you are able to handle your funds or not, they directly link the severity of your condition with incompetence. As I said earlier, the fiduciary program is the single worst program in this country for vets or otherwise....it is corrupt beyond belief and is currently well outside the bounds of congressional law, but no one cares:-(

I really, really, really hate this program:-) The fiduciary program, like most other VA programs, started out with noble goals...they wanted to help veterans that were being taken advantage of by family and friends (IE - people taking their money) and to help vets who clearly could not handle their own finances. Now the fiduciary program is nothing more then another tool used to spy on vets with PTSD. I'm sure there are a small minority of vets who actually need this program, but most don't and the guidelines that the VA's uses to determine incompetency is so far from what the regulations states it's not not even funny. You have entered the horrible world of an enigma wrapped in a contradiction. The VA truly believes that someone who has severe PTSD must be incompetent and allows doctors to make the call on incompetency based solely on the level of disability of the veteran, but the regulation states that incompetency is purely a financial affair and has nothing to do with the level of disability. I find it ironic that the VA does not use a veteran's credit score or credit history to determine incompetency.....a credit card company can pull your credit for no reason whenever they want, but the federal government can't event ASK you for a credit score or ask you to provide your bills to see if you're paying them on time? This program has NO oversight...not even the regional director can take someone off of the fiduciary program unless the head of the program gives the ok. These people have ABSOLUTE power over the veteran's and treat them as if their competency is a privaledge that THEY can revoke whenever they see fit. My wife was routinely threatened by her case manager when she was on supervised direct pay and, when the fiduciary people could find no reason to appoint a fiduciary due to her being able to pay the bills, the RO took that as "she must be doing better then" and forced her into a C&P despite being found P&T just 8 mnths earlier. If you truly feel that you cannot handle your finances and trust the VA to handle them for you, then don;t argue it, but if you believe you can handle your finances I would NOD the decision and give a detailed review of your financial history with a credit report(s)...and NOD it all the way to the BVA! P.S. - Just because the VA appoints your wife as a fiduciary doesn't mean the ordeal is over.....they will interview your wife from time to time and, depending on the region, there are VERY strict limitations as to what your wife can do with the money...for instance - she can't buy big ticket items like a car/central air for your house/stocks (if you want to invest your money), etc...she will have to call the VA and ASK for permission to do so. It is a HORRIBLE program and it sickens me that the SOs haven't gone after it yet.

I read somewhere that the VA must consider you at your lowest GAF score in order to find a "low point" in your functionality and determine how often you reach that "low point". This RO, as many do, took the highest GAF they saw in order to give you a lower rating. Believe me, if the VA doctor said you had a 30 GAF your RO would have used the IMO of a 45 GAF. Here's what you should do - Get the credentials of the doctor(s) that did your IMO and compare them to the VA doctor (my guess is that your IMO was far more qualified). Ask your civilian doctor for a full evaluation and give them a brief summary on what the VA is looking for (IE - occupational and social imparement, severity of the disorder, employability, etc). Take this evaluation (if it's in your favor) and send it in with your NOD...also, put in the NOD that you have seen these independent doctors for X amount of months and point out that they have a far better knowledge of your case and that they are far better qualified to evaluate you. Wouldn't hurt to throw in the regs on accepting IMOs and fit YOUR symptoms into the criteria for a given rating (IE - there is specific requirements for each level of rating..10%..20%..30%.....100%, and try to match your exact symptoms to the highest rating you can).

Wild, You can call Dale White at (206)220-6124 (ask for Dale White), or you can call "Frank I." at the same number and punch in his direct extension of x2927. If they give you any trouble from the 220-6124 number then say you got it from Chris Arnold (the director of the regional office)...both men work for team one or something and act as direct go between men for the raters (they collect and bring all your information to the raters)...hope it helps:-) P.S. - You can say I sent you.. they hate me:-)

Wild, I have a phone number to the guy who takes information to and from the raters...if you would like I will give you that # and name and you can call and make him hate you as much as he hates me:-)

I think the VAROs have come up with a good system...they can take away TDIU at the VARO level even know they completely understand that the BVA will reverse the decision, but what do you do for income in the years it takes to get a BVA decision? Answer - you go to work to cover the huge loss in pay or loose everything..now the VARO has PROOF that you can work and the case will be sent back to the VARO in which new evidence of employability will back up their original claim. When an organization has NO checks or balances and is not accountable for their actions in any way this type stuff is bound to happen...with that said, some VAROs still have directors with an ounce of integrity and who actually care for veterans, but they seem to be the increasing minority these days. The question of 100% vs. TDIU is a real one, because in order to be SO disabled that you are agoraphobic the VARO is going to want you to prove that you are completely disabled (IE - 100%). On the other hand, as berta said, you can be considered to be medically agoraphobic, but your symptoms, while in a safe environment (home), are relatively minor...the trouble is proving that you are only 70%ish at home, but 100%+ outside of your home. It's a very fine line to walk and, as I said previously, you will want to have an evaluation in hand before you start this process.

I wouldn't just send in a letter to the VARO stating that you want HB...this WILL lead to a C&P exam in which they WILL review your 70% TDIU/P&T, and you could end up worse then when you started. It would be best, IMO, to get an individual medical opinion that gives a FULL evaluation of your current condition AND says that you are agoraphobic. Anything short of that could open a can of worms (this administration frowns on PTSD and now isn't the time to play around unless you have your ducks in order). My wife was granted HB for 100% PTSD, but, in her case, it was a reduction from A&A, so we are fighting it. What I've heard is that VAROs are being instructed to give out HB more often then A&A to save a couple hundred dollars/mnth. So, if your claim is in order and you have SOLID medical opinion(s) stating that you are indeed still unemployable and home-bound, I would go for it, but if you get an evaluation that is less then concrete, do NOT file for an increase.

Logically speaking you are correct, but the VA rarely uses logic:-) The VA could easily deem that the PTSD was caused by unspecified reasons and the claim is unsubstantiated in almost every rape case it sees. Also, some disorders can have no "triggers"....bipolar, mood disorders, personality disorders, etc could all be blamed for these incodents. Also, PTSD often has delayed onset, which they could attribute to issues before military service (or at least speculate as to such). Up 'till now the VA and the military have been fairly good about taking a veteran's word in regards to rape and one can only hope they continue the trend, but I see this group of people as the most vulnerable under the current set of regulations in regards to stressers.

This is another reason why these *&^* SOs need to do their job! The BVA and federal courts have made it quite clear that a rater is not allowed to make a "medical" opinion. They are only there to interpret the evidence. If a doctor(s) says a vet is unable to work and is totally disabled and a rater gives a 50% rating they are asserting THEIR medical opinion over a qualified doctor. This is a blatant misuse of power and a crime based on the regulations...yet, they keep doing it and the DAV/AMvets/etc sit by and do NOTHING.

Can be either, but most likely your psychiatrist...in fact, I would ask to see your records as I'm sure your psychiatrists has given you GAFs in notes without you knowing. P.S. - You'll find that, with the va, a low GAF means almost nothing, but a high GAF almost certainly means a low-balled rating....they only use GAFs when it seems to help "their" cause. Best thing you can do is get some civilian opinions to help get a feel for where they think your GAF is, 'cause whatever a VA doctor gives you is final....also, it's always good to get more then one opinion. P.P.S. - In your particular case I wouldn't worry much about the GAF...I wouldn't put it past a bad RO to pull some stupid stuff, but, in the end, you'll keep your money as long as you haven't been able to work...IMO, you're fairly safe.

Yet another good reason to seek private psychiatry when you have PTSD....they would HAVE to take your civilian doctor's evaluation especially if he has been seeing you for a prolonged period of time. A treating doctor is always FAR better then a quick C&P exam and if they force you to go to a C&P exam anyway then refuse and NOD it to the BVA (actually CUE it under the reg that says they MUST accept civilian documentation if it is throrough).

True, but establishing a claim should be more difficult then keeping an existing claim at a given level (medically speaking). The seattle RO is horrible about following regulation and seems to think they are equal to the BVA rather then a VARO. SS, on the other hand, may be difficult to get, but they realize how rare it is for someone with a chronic disability to go back to work even with medication/counseling. In order for my wife to keep her SS she had to write a letter saying her conditions had not improved and that she had been hospitalized since the last SS inquiry...that and her signature were enough to keep SS. How great would the VA be if they took a veteran's word instead of assuming you're all lying, money grubbing jerks who waste taxpayer dollars? I'm not a vet myself, but I can't imagine being treated as an enemy by the very people I injured myself fighting for.....without you these Aholes wouldn't have the right to deny your claims, because they wouldn't have a job. IMO, VA employees are, truly, the lowest forms of life on the planet.

My biggest problem with SO's is how little they seem to help vets on a national level. Some do actually care for vets and will help them on an individual basis, but they need to be more like unions for vets and fight for vet's rights. The new PTSD commission is an abomination, yet none of the major SO's have stood up to defend veterans (what does that tell ya?). I have been in VARO's that put claims through without any problems at all and I have been through VAROs (current one) that seem to break EVERY regulation in the book and, what's worse, they don't seem to think they are doing so because they have gotten away with it for so long. I dropped my DAV rep. because he told me that "sure the RO could schedule a future exam even if your wife is found to be P&T", which is an outright lie...he also said that, "she got 100% with housebound and you shouldn't NOD".....that and a general lack of knowledge about regulations made me understand that "I" can do a FAR better job then he can. What has upset me most about my wife's case, and how it pertains to SO's, is that my wife was found to be 100% P&T with A&A and no future exams scheduled just 8 months prior to the seattle region getting her claim....even though ALL of the evidence showed her condition had actually deteriorated, they proposed to reduce her. Their basic reasoning was that they, essentially, did not agree with the previous 2 board decisions and wanted to give her a lesser rating. With GAFs of 10, 20, 25, 40 and current of 15 they wanted to rate her at 70%.....if someone like my wife is going to have such a hard time maintaining her level of disability with such severe symptoms, what are they going to do to other vets who have far less severe symptoms but are still 100%/TDIU? There should be an outcry from every SO in the area; instead, we hear, "don't file a NOD you got almost everything you wanted". As I have said before, we MUST boycott these SOs until they learn to do their jobs and stand up to the VAROs in general and stop taking it one case at a time, which greatly favors the VA and not veterans. NO american on earth is going to side against veteran's compensation...NO american on earth would stand by and allow these ROs to get away with what they do....We only need ONE person to take our case public and we would take back the VA for vets.

I am actually worried about my wife's stressor (and all vets suffering from sexual assault). My wife was raped (twice) while in the AF and really has nothing to back up that claim. She did file an official report after she was separated, but we know how those go.....! I think, in the end, she will be ok because she had a great AF psychiatrist and she was medically retied from the AF due to the rape(s)...essentially, the AF admitted they happened and that they caused it, but, again, I have only their word, no real proof. What worries me most is that most victims of sexual assault in the military have NO proof and would only have the opinions of psychs to back up their claims. The VA could easily prey on this group of veterans if they chose to do so. P.S. - Like the new forum Tbird:-)