westcoastlv

Hello All. Hubby has been receiving 100% for a couple years now. He has been seeing his mental health doctor regularly every three months as scheduled. He is taking all of his mental health medications which include Xanax, anti-depressants, trazadone and Seroquel. His mental health medicines seems to be working ok for now. The problem is that his mental health provider is now requiring him to have drug screenings. I know that the VA requires vets that take Opiates for pain management to have regular drug screening to ensure they are taking (and not abusing) their medicines, but I don't know of any requirements for vets on benzos (which Xanax is a benzo). Can anyone shed any light on this for me. I am profoundly opposed to this drug screen and I think the mental health provider is overreaching her authority. I feel as if she is taking the standard that applies to opiates and trying to apply it across the board. I don't even know what she's hoping to find. If there is no requirement for my husband to be drug tested, then how do I refuse and is there some VA documentation to support it? Thanks for any help you can provide.

Hedgey, I would get a copy of the C&P Exam from the Information Office and I would read through it line by line. Write a letter, quoting the C&P Exam where you dispute anything that you don't agree with and cite your DBQ, any other medical notes, and the VA's own rules about C&P Exams. I would then send that entire letter, with all the back up (highlight what you quote) to the VA by certified mail. I would also fax it and upload it to ebennies. You don't have accept or agree with any examiner that has seen you for a few short moments, especially when it contradicts what you know is true. My husband received a C&P that was full of misinformation, almost to the point where it seemed like the examiner was looking at someone else's chart. I wrote that letter to the VA, highlight all the stuff that didn't make sense and stated what was accurate. I pointed out where the examiner contradicted herself and I cited the rule where if the info is 50/50 then the VA must rule in the favor of the Veteran. He is now 100%. Good Luck

On E Benefits, does it show a 'Commissary Letter'. If yes, the you are granted tdiu

Archer, if you incurred the medical debt at any time after your retroactive date, then you should contact fee-based office and have them pay it. Look at it like this, had you filed your claim and a decision would have been made that day, they you would have received all of you medical treatment from the VA system. However, seeing you had to wait for the decision, the retroactive date becomes the date that you would have been eligible for VA healthcare. I have successfully gotten reimbursement for medical and dental costs what were incurred while we were waiting on a decision. The Fee Based Office should be located at either the VA Hospital, or at one of the VA clinics. Someone should be able to direct you. There are some documents that you are going to need to get on your own, like the medical claim forms and EOBs (explanation of benefits) if you can, and they should be able to either reimburse you for out of pocket expenses or pay directly to the provider. It takes a little time but if you are entitled to the reimbursement then it's worth it. This is also true for your spouse and children (for medical only through ChampVA) if you are rated at 100%.

Jesuslives316, when my husband received a c&p exam that had contradictory information, I submitted a letter to the VA picking the exam apart. I wrote that either the examiner was incompetent or was purposely misleading the veteran and/or the va. If I were you, I would look at the letters from my other doctors and highlight the important points that disagree with the c&p examiners comments. The examiner only saw you for a short time, whereas your doctors see you regularly and have evaluated you over a long period of time. I would point out all the evidence that was in my favor then mention the one thing that was not (the c&p) and then state that the VA training manual, Reasonable Doubt Clause of Title 38 states, "When after consideration of all procurable and assembled data, a reasonable doubt arises regarding service origin, the degree of disability, or any other point, such doubt will be resolved in the favor of the claimant." I would also list all of the medications I take and their side effects (you can get that info from the internet). I would highlight any one that says dizziness, drowsiness, apathetic, etc. Any condition that would prevent you from working. Even list if the medicine states not to take while driving. You cannot give the VA any reason to deny.

Jesusplay, I downloaded all medical records from the Blue Button and submitted with my husband's ssdi claim and it was granted without an exam. Just make sure to read through them all before you submit. You don't want to include anything that is less than favorable. Its ok to give to the examiner but make sure to also send copies (registered mail) to Social Security because the examiners are often times contracted doctors, they do not work directed for Social Security.

Thanks Everyone. @NavyWife - we submitted all the medical records from Blue Button plus I had 2 psychiatrist statements the were written before the blue button existed. And yes, the blue button info is very detailed. For us, it contained all the notes from medical visits, mental health visits and medicine lists. As with any encounter with the VA, especially when you're in the middle of a claim, be cautious of what you say to the note takers: doctors, nurses, emails to the docs, etc. They notate everything. Be honest, but don't say anything that could later be misunderstood. As an example, don't tell your doctor that you just came back from a wonderful vacation or how excited you are about some upcoming event. Those are the things that you should keep to yourself. It's not medically relevant and could be misunderstood by someone reading your records as a sign of medical/mental improvement. I can't reasonable explain the quick success with Social Security. Today we found out that the retro check from SSDI is back to December of 2012. I didn't imagine they would use the same date that the VA determined the 100% disability began. All through the grace of God.

Hello Everyone, I just wanted to let you all know that the Great State of Nevada has approved my husband's disability claim. And it only took 6 months. We got the call yesterday and the benefits will start some time in June. After the claim was submitted, the Social Security Department announced they would expedite claims for 100% VA Disabled so we called to update my husband's file as being 100% TDIU and they flagged it as such. I submitted all of the medical notes from the MyHealthyVet blue button, and included the TDIU decision. They did not set up a medical exam or do a telephone interview. The only communication for Social Security was the call yesterday about the decision. This process was a million times easier than the 3-year battle for TDIU but, had it not been for the VA decision, my husband may have been turned down for Social Security. With each victory I like to thank everyone here on HadIt. Your individual and collective insights have taught me a lot and helped us gain success on both fronts. To everyone still in the struggle, please don't ever give up. If you deserve, you should get it!! God Bless Everyone.

Sierra, if you've already submitted the form I would suggest you resubmit the exact one you've already submitted. Do not fill out another one. If you have anything to show how you submitted it i.e. return postage receipt, fax cover confirmation, or even the screen shot of ebennies showing it listed as received. DO NOT trust the VA to find it!!! They will use any reason to show that you didn't submit something they've requested. I had to resubmit my husbands TDIU form multiple times, always the same one and always with proof that it had already been submitted. I would also include a little note spelling it out clearly when and how it was first submitted, that you are including it AGAIN, and that they are to use this form to satisfy the request. You really have to CYA with them. We won my husband's TDIU claim in part because we gave them absolutely no reason to deny it.

While printing a letter from Ebenefits today I noticed that the monthly 100% amount has been reduced by $225 - the amount I receive for a child over 18 in school full time. My daughter does receive DEA for college. I called the 800# and was told that the additional dependent amount was reduced by the $225 because I can't receive dependent pay for my daughter if she is receiving DEA. Is this true? The benefit amount was just reduced for January, however, my daughter has been receiving DEA since August. I just want to make sure what the 800# told me was accurate

Congrats on your award. If you are on Ebenefits, loot at the letter generator. If you have a commissary letter then you are P & T - permanent and total with no further exams. Your benefit letter will only show what % you're rated. The commissary letter is the key

Hello All, Now that my husband is 100% IU, he is eligible for fee-based dental, which we are already utilizing. His IU became effective back to 08/2011. During the time he was waiting for his claim to be decided, we spent roughly $400 out of pocket for dental expenses about 5 months ago. My question is: is this reimbursable to us because of the effective date of eligibility? And if yes, who do we submit the reimbursement to? And what forms are we to use? I would definitely like to get that $400 back. Now that I am also eligible for ChampVA, I have already submitted my claims for reimbursement for my out of pocket medical expenses, but that certainly doesn't cover what we've spent on his dental. Any advice would be appreciated.

Congrats Mother of 3. I'm very happy for you! Spend wisely, save cautiously, and enjoy the windfall, and the stability of a good monthly check.

Congrats!!!

Retro deposited today. Hurray!!!! Not what I calculated, but I will have to wait for the official letter to see what's what! Now it's real. Id cards already, money in the bank, ChampVA app filled out. Life is good.

JBasser, I do plan on seeking some secondary conditions as a result of the medicines taken for the current SC'd conditions. From everything I've read, a 100% mental SC basically means hospitalization in an institution or at least being declared incompetent. Not what I want. Even if the additional claimed items end up being 0%, at least they will be recognized by the VA as secondary service connected. If in fact my death is a result of these secondary conditions (high blood pressure, high cholesterol, gerd) then the DIC should be available. I also plan on pursuing what is currently known as Gulf War Syndrome, but I still need to do a lot more research about that because the VA is not officially recognizing this like it is Agent Orange (and we all know how long that took). All of my secondary conditions did not begin until the treatment for PTSD by the VA and are well documented in my medical records. I sort of feel like there are so many veterans that need attention, I don't want to throw my hat back in the ring just yet. I don't want to pursue 100% for ptsd and open myself up for action to reduce because someone isn't doing their job properly. Oh, and P.S. to all of you that use MyHealthyVet to communicate with you doctor(s). Be careful what you write in the emails in Secure Messaging because they do become part of your medical record. If you access the Blue Button, you can read all of the doctor's notes from previous visits, and that's where you will find copies of all of the emails you send to your doctor. I use Secure Messaging to remind my doctor of prescription refills and sometimes ask questions about medicine side effects. As a rule of thumb, I have learned that any interaction with the VA will either hurt or help your claim, and it all depends on what you do and say. Nobody works for you like you.

The funny thing is, I don't know how to feel just yet. Been working on this for so long, and now the journey is just about over. Already got the ID cards (today) and been to the Exchange. LOL. Called for a dental appointment and have the ChampVA application completed and ready to mail. Next stop, DEA for daughter and hopefully wife too. Then, in a few days, the bank. Wont' it be nice to read the biggest balance ever!!!! Thank you all again, and I pray everyone's journey ends in success.

Filing for SSDI is the next step. If it is not approved, we will go the SSDI Attorney route. But like John999 said, its a pretty decent retirement plan and we can survive just fine on both. Thanks all

Finally, after 3 years the PTSD claim went from 50% to 100% TDIU Permanent and Total. Don't know the retro amount yet because I only saw the AB8 Letter on Ebenefits along with the Commissary Letter. Waiting on the Big Brown Envelop in the mail but I feel so relieved and so happy. Thank You to God and Thank You to HadIt. I have been reading this site since 7/2010 and the information here has helped me win my claim.

If you're on Ebennies, check the Letter Generator and see if your letter is updated with your new/revised percentage.

So, in checking EBenefits, it shows that PTSD claim open since 08/2011 (granted 05/2012 with TDIU deferred) has been shuffled to Philly, where supposedly they have a lighter claim load. However, it has been sitting there for 2 months, with a new notation that the claim is VBMS (completely electronic). It seems sorta ridiculous to me that the claim would be sent elsewhere just to sit there too! The VA can't even claim that it's lost in the sauce because it's electronic. This claim is nearly 2 years old, and I wonder if they restarted the timeclock on the TDIU (05/12) just so they can let it sit and gather dust until 2014. SMDH!!!!

Glitter, I had the same thing happen to my husband's claim. The VA sent the employment verification to two companies stating that they had to be returned within 10 days. One of the companies was out of business and the other is a corporation with several independently owned stores. I also read on the letter that it was our responsibility to get these employer forms back, and read the fast letter where they said that TDIU could not be denied because employer didn't respond. I called Peggy to tell them the status of the businesses and that because the employment was over 5 years ago, they should have only gone back one year (when my husband wasn't working). Then I started thinking, the VA will use this as a stall technique. They sent the letters, will wait 30 to 60 days, realize that they didn't get them back, resend the letters and wait another 30 to 60 days just to close the claim anyway. I decided that nobody works harder for my vet than me so I contacted the open company, spoke to HR, told her what I was trying to accomplish and she had me email her the form. She completed it and sent it back to me. I then went on the county's website, lookup up the other company's business license that stated it was out of business and sent both pieces along with a letter telling the VA that they had everything they needed to decide the case to the RO. I confirmed they received it via my return receipt, the 800# and ebennies. As of today, still no decision however I am satisfied that the VA received the info, and if they stall on us, it won't be because of anything we did or didn't do. Stay diligent. Reasoning and logic does not fit with the VA. Remember the old saying, if you want something done right, do it yourself.

I just got a call from the Reno Regional Office Information Officer and during the conversation he told me that on average, Reno claims are taking 2 years. He also said that they have over 12,000 claims with only 50 people working them. Out of 12,000, my husbands claim in #1,250 (or thereabouts). This claim has been open since 8/11. I find this amazing that the VA finds it reasonable to let only 50 people work 12,000 claims (and no new hires). That's 240 per person. How many could a person possible work in a day?

Well, after a couple of days, the employer requests disappeared from the 'What We Still From Others' section. I don't know if that's due to the scathing letter telling the VA that they stepped outside of the boundaries from their own rule book, or the fact that I actually submitted the information they requested. Either way, it looks as if those items are closed, however, it does not show anywhere that they received it. In either event, we will just wait and see what happens. They have no good reason to not rate the claim (other than being backlogged, lazy, uncaring, blah, blah, blah). I will keep you all posted on the progress (hopefully there will be some)

@J - I did write that irate letter, however, I wasn't an ass about it. I looked at the M21, line for line, and I quoted the M21, line for line in all the areas that it pertained to my husband's claim. I pasted portions of the M21 rules, as a PDF straight from the manual and commented on how they were stepping out of their boundaries by requesting information from employers outside of the 5 year ticker. Also, the TDIU rules (from M21) state that they are to request information for 1 year prior to the veterans last day of work, which in this case is the same employer. I also pasted the section that speaks to the fact that they cannot deny a claim just because they didn't received info back from previous employers. I also pasted the info that related to the criteria for TDIU, and also pasted 3 different medical statements from my husbands VA psychologist, PHD. And at the end I threw in some legaleese from recent district and circuit judges opinions regarding the delays the VA seems to relish in. I faxed this 10 page letter and I sent it certified mail. Both have turned up on Ebennies. Then, I went a step further, I contacted the employer that was still in business, sent them the form to complete, and they returned it to me within 1 hour. For the employer that is our of business, I went on our county's website, printed the details of their business license, showing that they are out of business, and I completed the form also stating that they were of business. In the letter attached, I outlined what was included, stated that they now had everything that they requested, and that there was absolutely no reason that they couldn't decide the claim with the information at hand. I sent the letter a little over 2 weeks ago, and the 21-4192s today. There is NOTHING outstanding. I will be the squeaky wheel from this point on because there is no reason they can't move forward.