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Ryan H.

Third Class Petty Officers
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    Ryan H. reacted to Berta in Help....berta.... Someone..... Va Has Picked Me This Time!   
    "I was rated in March of 2008, over 6 years ago. I have not been back to the VA since my rating."

    I think that is the problem.


    "I was told it is not a "claim" it is a predetermination stating they will be reducing my my rating due to the fact they could not adequately contact me."

    I don't think that is the problem.

    "ordinary conditions of life, as shown by full and complete examinations, can justify a reduction; these provisions prohibit a reduction on the basis of a single examination. See Brown v. Brown, 5 Vet. App. 413, 417-18 (1995)."
    http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp13/Files4/1332468.txt

    Jbasser is correct. The VA justifies compensation with ongoing continuous treatment.

    Do you have any private treatment records for the PTSD? Since the 2006 rating?

    If not I was going to suggest that you get an IMO and bring it to the hearing..but, if you are saying you have had no treatment, no meds, no therapy at all
    for 6 years for your PTSD, then I dont know what an IMO shrink could base their opinion on.

    You might want to think about talking to an IMO doctor now

    Perhaps these factors, if proven to VA, will help you fight this proposed reduction:

    "Since my rating, I have been fired twice, laid-off twice, divorced twice, had a child, remarried a third time, and have had 6 different jobs. The mother of my child does not let me have a relationship with her because of the issues I have. My problems are not better, I am not better. I have moved at least 10 different times. I have changed VA regional offices at least 4 times, and have lived over seas on two separate occasions for work. "

    Íf they can be proven as directly attributable to your PTSD.

    But that would take a shrink to determine that in a strong IMO.

    "The VA tried to examine me for an increase in 2010, but due to me being overseas, and moving so often it was impossible to schedule the exam."

    Actually the VA Overseas program does a fairly good job at helping vets living overseas to get C & Ps. I think they do it via the state department. We have vets at hadit who use the Overseas Program.

    I worked with PTSD vets at a vet center, and since then with PTSD vets from the local VAMC.
    And I married one.
    Most of them had to contend with family, work, some with Voc Rehab as well, and all of them needed the continuous treatment they got from VA,and
    in most cases they sure needed the meds too, to keep their jobs and families.

    As bad as the problems with VA are, they provide the best PTSD counseling in the country., in my opinion.

    ."It has nearly cost me my life more than once"
    if you mean your PTSD has caused you suicidal ideation and/or attempts, the proof of that might help fight this proposed action by the VA. Maybe I misunderstand what you meant here.

    Others will chime in......I cannot adequately come up with a solution, but maybe someone else will.....
    and of course, you have not received their reduction proposal letter yet.

    In that letter they will tell you exactly why they are attempting to reduce you.

    They did that to my husband long ago. I read the letter about 5 times.then wrote a short three paragraph NOD for him.

    They dropped the idea with the NOD I wrote. I used the regs they based their reduction idea on, against them,
    and I used plain common sense to prove their idea had no legal or medical merit whatsoever.

    It is the wording of the actual proposal letter that will give you the reasons you need to overcome.


    I hope you realize that, if you can combat this proposal to reduce, the VA WILL expect you to get treatment for your PTSD.

    But if you are unwilling to get future treatment, why even fight this at all.





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