roivett

Thanks jbasser, Yes they have the letter but the rating team in Florida had the c-file when I submitted the letter to my DAV VSO in Alabama (4/21/08). He (VSO) told me the file was still in "development". Had I known it was already at the rater I would have asked that we fax it to the rating specialist ASAP. I received notice from DAV of decision on 4/25/08 (dated from Florida on 4/22/08). I called the 800 number on Monday (4/28/08) and was asked to fax the letter to them and they would forward to Post-Determination team. But alas, no mention of the letter in the formal decision from VA received on 5/2/08 (dated 4/28/08). I thought I recalled someone mentioning that I could send a request to the Director of the VARO asking that P&T be granted future appointments be cancelled. Thanks, Roivett

Thanks to so many (Berta, T-bird, Cowgirl, Pete53, etc.). I read many posts and have benefited tremendously by your posts over the past few years. I’m still a little in shock that I went from 10% to TDIU and SSDI so fast (13 months). I’m making this a new post rather than attaching it to another. Here is what is happening now: I just received VA notification that a request for “reconsideration” for increase and IU was granted (70% and IU status). “Entitlement to Dependent Educational Benefits not established”, thus I was not granted Permanent and Total (P&T). The notification I received was stamped “April 28, 2008 and came from the “brokered” site in Florida. I received the letter on Friday, May 2, 2008. I had a C&P in August 2007 that helped me get SSDI and IU. However, the prognosis stated “good, if the vet is able to get the help he needs”, thus most rater’s would see a possibility of some future improvement, which was exactly what was cited in the “Rating Decision”. On Monday, 4/21/08 I went directly to the VA Regional Office and submitted a letter from the Director of the PTSD Program at the VAMC where I receive treatment. His letter specifically noted: “prognosis is poor, with little likelihood of significant improvement”. Unfortunately, the letter from 4/21/08 was not used in the recent decision and I felt it might have had significant weight regarding consideration for P&T. As Berta mentioned in another post, it is "in limbo". I am very happy with the 100% IU status but was hoping to get P&T to avoid the potential for future examinations and have my children eligible for Chapter 35 benefits. My questions are: What strategy should I use to seek P&T? Does it look as if P&T is likely or should I ask for another letter that states “permanent and total”? Should I file another “reconsideration” at this time? Thanks Again for your help, Roivett

Thanks Berta for the encouraging words. I will make some calls monday am to several folks at DAV and VA to see if I can get them to look at the added evidence I submitted on the day BEFORE they made their reconsideration. What I have in hand so far is the letter from DAV stating their review of the recent VA decision. I will likely receive the official notification sometime this upcomming week. The DAV letter was mailed from St. Petersberg, FL on 4/22/08. I will call Florida to see if I can contact the VSO that signed the letter. My guess, however, is that the chart has already been forwarded to Montgomery for Post-Determination. I might even drive to Montgomery on Tuesday AM (3 1/2 hrs away) to try to get someone to look at the added evidence. It would be nice to have the P&T added now rather than have to juggle with another reconsideration or Appeal. I have to admit that I was pretty shocked to get a decision as soon as I did, 2 1/2 months). Especially considering that on Monday 4/21/08 I was advised by the DAV rep in Montgomery that my case was still in "Development and usually runs about six months". Obviously that information was incorrect. Berta, I have been following some of your posts for a large portion of my journey through the VA system ( 18 months) and have been bouyed and encouraged by your straightforward suggestions and the encouragement you give to so many of us. Thanks again. Roy

Thanks Manitou. I received notification that I was granted PTSD increase to 70% and TDIU (100%) retro to my last date worked in 2007. The process took 2 ontha and three weeks (Feb. 2, 2008 to April 22, 2008) under "reconsideration". Permanent and Total was not established at this time. On April 21, 2008 I submitted a letter from the PTSD Program Director at VAMC noting my condition and citing my prognosis as "poor with little chance of significant improvement". I do not think this letter had time to be involved in the TDIU decision. I am very pleased to have the TDIU granted. I am not sure how to go about getting someone at the RO to read the recent letter indicating " prognosis poor". It seems that the letter is in limbo, caught between the rater located in St. Petersburg, Florida, and the Post-Determination Team located in Montgomery, Alabama. Any suggestions?

Hello All: I am currently on SSDI and 60% sc. I fully expect to go to TDIU 100% soon, (not so sure about P&T). I want to start to repair my credit and hopefully buy a house. I expect a 2 to 3 year process. My question has to do with using VA compensation and SSDI as income to qualify for a home purchase. Do mortgage companies or banks use those as sources of income? Has anyone had experience in that regard? Thanks, RWS

Congrats Donnie. I could have written this post and signed it with my name with just a few changes. My SSDI was 104 days, all on VA medical records. My feelings were just like yours. I especially related to your struggle with accepting the realization that we just can't keep fighting on our own. Thanks be to hadit.com and those that went before us and showed us the way. Very glad for you. Later, Roy

From advice I had received from these forums I went to SSA and requested my SSA records. I needed to go twice, but they were freiendy enough. They arrived on a CD a few days ago. Much of it was just "busy forms" but there was also a medical form used to make their determination called the "Psychiatric Review Thecnique" that had good information that can be used in my request for reconsideration. It contained a "consultant's note" citing a C&P concluded in August 2007. The note read: The C&P examiner reports that cl (client) is 'unemployable', which is an official designation at the VA & will correspond with very high degrees of SC disability in most cases". The significance of that referrence is that the VA rater seemed to ignore the C&P examiner when they rated me in September 2007. The note went on to conclude : "lengthy diary- little if any prospect of improvement regardless at this point". I have requested a reconsideration already and this week will ask that this "new information" be added to the paperwork I already sent. Wish me luck. Thanks to All, RWS

Macool wrote: "This Scares Me maybe I will do the NOD in July " Macool, no need to be too worried. Like Berta suggested, evidence, evidence, evidence. Plus in "reconsideration" time, you have some time before panic. Keep reading these forums and listen to the folks that know how to get things done. There are plenty of them here. Good Luck.

Macool, did you send any "new evidence" with your reconsideration? It has been my understanding that new evidence should accompany a request for reconsid. I ran across something in the Title 38 regs a while back and it stated the need for new data. It can be as simple as new progress notes. I look forward to hearing how you do. One thing I have learned from reading these forums is the need to provide them the information that leads them to make a favorable decision. Document, document, document. Good Luck. RWS

Hello All: I have a VSO that stated there is no difference between a NOD and reconsideration. I think while they may be correct, the operant word is "Appeal". I just initiated a reconsideration for a decision that was made in early September 2007 which increased by my sc from 10% to 50%. I submitted what I believe is the following substantial NEW EVIDENCE: an updated VA form 21-8940 (Application for increase based on Unemployability); Letter from MD and MSW recommending I stop work; SSDI award letter based "entirely" on VA medical records; Results of recent psychological testing (MMPI) with PhD findings that it endorses the chronicand severe nature of my condition; an Addendum to a C&P completed in August 2007 citing inappropriate aggressive behavior; Updated continuing clinical notes about ongoing treatment being received at VAMC; And continued medications and adjustments. I will be holding my breath for a few weeks untill I am sure the VSO does not submit this as an appeal. I was careful to use the word "reconsideration" in my Statement in Support of Claim form and avoided the word "appeal". In my region reconsiderations seem to be taking 4-6 months. What would be a safe time period to file a formal NOD in the event this matter is not concluded before the 1 year time limit? Thanks for all the help I have received so far. RWS