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westcoastlv
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Posts posted by westcoastlv
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The Reno Regional office is not the worst, but it is #48 out of the 58 other regional offices. I often look at the Monday Workload Reports, which I've noticed that the Reno office has had claims pending over 125-days by 60% for more than 2-years. It's currently over 70%.
Filed Reconsideration Aug 2011, went to Preparation for Decision in the beginning of Feb 2012. Called one week for status and was informed that this office's average timeframe in P for D was 92 days; called 1 week later to inquire about monthly payment issue, and 'while I got you on the phone' asked for status update, and was then told that the average timeframe in P for D was now 107 days. Impressive, in one week, they are backlogged by 2 more weeks.
My oponion of the Reno Regional Office is: It's like putting an SOS message in a bottle and hoping one day somebody will read it and send help.
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Hello All,
Just a quick update. I don't post everyday but I do read everday. I pray that everyone gets the fair shake they deserve.
In filing the Reconsideration Request, the VA scheduled my husband for another C&P (for increase) for PTSD. He went, they would not let me attend this exam, and some weeks later we acquired the exam results. The 'results' were progress notes, so I waited another few weeks, called Business Office for actual C&P exam results and ended up with the same thing. After reading through the 'results' there were so many things that were either contradictory or we just flat out didn't agree with, or dare I say, the examiner intentionally left out. All in all, I feel as if the examiner just didn't give a f*** bcuz she got alot of his personal details absolutely wrong. So, as classic me, I took the exam, page by page, and wrote a rebuttal to each item that was wrong. I also took this along to my husband's next psych visit, and told his doctor about this egregious attempt to once again low ball my husband by intentionally being misleading. I totally held no punches in my rebuttal, short of calling the examiner a flat out liar. My husband's doctor said he would carefully word his progress notes to reflect how my husband is really feeling. This claim, orignally filed as an increase, but changed to Reconsideration Request, (which I stated that if not reconsidered, the make it a NOD) was filed in August of 2011. It has finally reached the 'Preparation for Decision' phase. I have no clue how long this phase will take, but we've made it this far in only 6-months. I don't count my chickens before they're hatch, but all in all this hasn't been too long.
The reconsideration request asked that his % be changed to 100 P&T, and that they date it back to the initial claim of 7/2010 because of the many mistakes and screw tactics that the VA likes to employ (not in those words). So, seeing this is a milestone to even get to preparation for decision, I just wanted to share that tidbit of info.
May God bless us all
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Well, we picked up the 'Progress Notes' from the C&P Exam for PTSD increase. The Business Office told us that this is not the actual C&P report. In reading through it, there seems to be some answers that are contradictory to other answers. For example it says, "Occupational and social impairment with occassional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, although generally functioning ,satisfactorily, with normal routine behavior, self care and conversation." But then it goes on to say under PTSD Criterion F: "The PTSD symptoms described above cause clinically significant distress or impairment in social, occupation, or other important areas of functioning."
Also, in Axis IV it states: "no social contacts or activities"; In Clinical Findings it states: "vet is opposed and distrustful to make new friendships, he stays home and does not socialize"; In section C of Criterion it states: "marked diminished interest or participation in significant activities; feeling of detachment or estrangement from others; restricted range of affect (unable to have loving feelings); In section D of Criterior it states: "irritability or outbursts of anger; difficulty concentrating; hypervigilance".
However, under the symptoms section, these same items were NOT checked, such as: suspiciousness; inability to establish and maintan effective relationships; impaired impulse control, such as unprovoked irritability with periods of violence;
Not only that, there were other things that were NOT checked that were certainly discussed during the exam such as depression, panic attacks, memory loss; persistent danger of hurting self or others; persistent delusions or hallucinations.
There are so many things that we disagree with in the 'Progress Note'. Is there any way to disagree with these findings??
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OK, just returned from Hubby's 2nd PTSD exam. It went pretty much as USMCGIRL described it. The downside, they didn't let me attend this exam with my husband, which made him very agitated. That's a good thing because they get to see him as he is when he is alone in a stressful situation. Not nearly as bad as he can be, but enough to demonstrate his mood swings.
He did say the examiner ultimately asked did he want to work, and if they found him a job would he work. He answered that he was so volatile and explosive when dealing with others that it wouldn't be good for his coworkers. He said that he couldn't predict when he would 'just go off' and was afraid of really hurting someone at work.
So, being that this was with a VA doctor, I wonder how long it will take me to get a copy of the C&P results.
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Hello All,
My husband has his 2nd C&P Exam for PTSD tomorrow. The first was during the initial claim, this one is for the R2R/Increase Claim.
The 1st claim was with a mental health contractor, and this one is scheduled with a VA doctor at the VA clinic.
Has anyone had experience with a 2nd exam for increase, if yes, how was it similar or different from the 1st?
All of the stressors, etc have already been decided and conceeded. This exam is to see if the condition is worse, so I'm looking for some insight as to how this exam might be different.
Thanks in advance.
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Also, looking at EBenefits again today, I see they have opened ANOTHER administrative review, with all of the same documentation as the first. I originally faxed the R2R/NOD dated 10/31/11, and that was the open date on the first Administrative Review, closed on 11/14/11. I then sent it certified mail, and they received it on 11/10/11, which is the date the 2nd Administrative Review was opened, closed on 11/16/11. And then, the C&P Office called to set up another appointment.
Coincidence? I think not.
I called the 800# yesterday and they told me that it looked as if the first Admin Review was opened in error. I'm on hold with them right now to see if they tell me the 2nd was opened in error as well. And the letter generator still doesn't tell me anything except my husband was in the service and that he has preference for civil service exams. (Nothing)
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You're welcome USMCGIRL. I had been looking all over on the internet about how this exam would go so I am glad I can let someone else know now that I know. I wasn't bad at all, I guess the overall message is how your symptoms prevent you from working. As long as you keep that in mind, you will do just fine.
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Carlie,
Here are the statements from the Dr's Report, this WAS NOT part of the original claim:
“The examiner (PhD) provides a GAF score of 45 which is used in rating overall psychological, social and occupational functioning of people over 18 years of age, but excludes physical and environmental impairment. Conversely, according to the DSM-IV, a 45 GAF score is supposed to demonstrate serious symptoms OR any serious impairment in social, occupational, or school functioning.”
“Therefore it is a gross misrepresentation of the actual facts of Mr. Veteran’s case to take the above information and then use it to underrate the severity of Mr. Veteran’s service connected PTSD”
“Both the medically qualified C&P Examiner and now myself (another clinically qualified, licensed Psychologist) are in agreement that the SEVERITY of Mr. Veteran’s PTSD should be rated at a Global Assessment of Functioning score of 45, ‘which is indicative of serious symptoms or serious impairment in social, occupational, or school functioning’. This correlates with the 100% SC disability rating of the General Rating Formula for Mental Disorders.”
“Mr. Veteran has not been able to work since 2008 due to the nature, severity and chronicity of his service connected PTSD. He has also been unable to go to school due to the nature, severity and chronicity of his PTSD. This also correlates with the 100% SC disability rating of the General Rating Formula for Mental Disorders.”
“After reviewing the current medical records, it is my professional opinion that Mr. Veteran’s current condition is “more likely than not” related to the in-service condition. Due to the nature, severity and chronicity of Mr. Veteran’s Posttraumatic Stress Disorder (PTSD), it is my professional opinion that he can no longer maintain full-time gainful employment, nor can he sustain effective social relationships. Mr. Veteran’s prognosis for improvement remains poor, therefore his disability should be considered to be permanent.”
The veteran has the following significant barriers to learning: Emotional barriers: comment: severe, chronic, service connected PTSD.
Also, got a call from the VA C&P Examination office today to make a new C&P appointment. Things seem to be moving very quickly, and now my husband has gotten paranoid that they are trying to take his 50% rating away.
Any thoughts??
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So my husband has his SSDI Mental Health Exam today for PTSD, Anxiety and Depression. The exam lasted about an hour and a half.
Recap: The examiner asked background questions like where did you grow up, do you have any brothers and sisters, parents and what they all do for a living. Was there any history of mental illness in the family, do you have suicidal or homicidal thoughts, delusions. Are there any hospilitizations for mental illness, etc. The examiner asks for you to explain all of your answers. Then the examiner asked what all do you do in a 24-hour period, when and how long do you sleep, do you go anywhere or do anything, chores, cook, clean, etc. Have you been to college or any higher education, how did that turn out. Are you working, when is the last time you worked, how many jobs were you fired from and why. Are you looking for work, why not. Why can't you work.
Then comes the testing. 3 words to repeat now then repeat later. Repeat a series of number, at first 2, then 3, then up to six. Then asked to repeat number sequences backwards. Some simple math problems. Word relation questions like what does this and that have in common, asked about famous people in history, asked to copy shapes onto a piece of paper and follow the instructions at the bottom of the sheet.
What was interesting is, my husband did very well in explaining his symptoms and how they affect his daily life. He did very well in explaining that his anxiety keeps him in the house, how he doesn't drive, and how he is a power keg out in public. 1-point for husband. However, he also did very well with the testing portion, which the examiner sort of suggested was 1-point for SSDI to deny. This was a mental health exam to see how his PTSD, Anxiety and Depression affects his daily life, not whether or not he is retarded. The math questions were what's 3+5 or 15/3. We never claimed mental retardation, and I think the fact that he can add and subtract should not be held against him. Also, I don't think it should be held against him that he happens to know who Dr. Martin Luther King Jr was. The testing portion seemed to be a set up for failure. PTSD does not mean you can't add or answer simple questions.
Well, I guess we will just see how it goes.
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Carlie,
I did submit new evidence, VA Pysch Dr's report that said it should have been a 100% rating, along with all of the reasons why, confirming GAF of 45.
The letter generator only has the Civil Service Preference, 10 point preference and Service Verification letter.
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Per EBenefits, there is some new and interesting movement on the claim.
Origianl claim rated last year @ 50% PTSD. My husband and I thought it should be higher, and the DAV suggested filing for an increase, which we did. Then, we decided to file a Reconsideration Request, which stated that if the claim could not be reconsidered, then it should be accepted as a NOD. We faxed it on 10/31/11 (then followed up with certified mail).
I just saw on EBenefits, in the closed claims section, that an Administrative Review was opened on 10/31/11 and closed on 11/14/11. There are no details except it lists all of the documents from the original and increase claims. There is no indication if anything was decided, except that it is now closed and can be appealed.
Has anyone see this before, any indication of what this could mean?
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I am so glad this topic has come up. My husband was just scheduled for his SSDI mental health exam and we were wondering what the exam would be like. If anyone has gone through it, any insight would be appreciated.
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I think the DAV does what it's supposed to do, help the Vet through the process, especially if they've never done anything like this before. However, the Veteran needs to be informed and educated. I have learned so much from this site and have benefitted from the advice here. Our personal story is that we were unhappy with my husband's rating and were prepared to file a NOD. Our DAV rep advised against it and instead filed for an increase. While we appreciated the reasoning behind it, it just didn't sit right with us. We did in fact end up filing the NOD and feel as if we are on the right track. My husband's DAV rep is a good guy and I think he honestly helps Veterans, but nobody works for you like you. If the Veteran doesn't have the time or desire the take in all of the information out there, then the DAV is where to start, but I think the Veteran will soon realize that the true payoff doesn't happen until he/she gets and stays involved every step of the way.
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For once the VA has surprised me in a good way. Filed a dependency claim on 8/10/11 retro active to 7/1/10. The claim has been closed on 11/3/11, so the turn around time was less than 3 months.
I still don't understand why the dependent pay wasn't awarded as part of the original claim because the VA had all of the paperwork from day 1, however, I'm happy that it has been resolved in a short period of time, and should continue moving forward. :)
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I lost sight of my original question: How do I apply for Voc Rehab? We have the application completed, I just don't know where to send it.
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@Berta,
Thank you for reviewing my attachment. The actual 'package' is 38 pages long. On each page I list the exact info from the award letter, name, ssn and the reference number from the VA, along with his address, and page of page #. I didn't want to include all of the attachements, however, they are listed on the last page of the 'NOD' so they know what is included.
As for SSDI, the application was made on 8/9/11, not decided yet. If it is awarded, I will then foward that decision to VARO. Also, I was going to apply for Voc Rehad, and give them a copy of the recent Dr.s statements showing that he is unable to work or attend school (which my husband got after the decision).
In my previous career, I was a contracts manager and had to prepare documents for legal review, so I clearly understand the importance of keeping my ducks in a row.
My husband and I have lived and breathed this claim for over a year now. It seems so clear to me that he should have received a higher rating, but its great to get feedback from those that are much more experienced than I.
I will fashion this as a 21-4138 Statement in Support of Claim using the wording you suggested. On every attachment, I have highlighted specifically what I've referenced in the NOD letter. Most everything I've cited is from the original claim, with the exception of the Dr. Letter on 08/09/11.
When we submit the Reconsideration Request / NOD, how will that affect the claim for increase? We haven't even received a VCAA notice for the increase claim yet, and the 800# says they haven't sent it.
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Ok, I have finally managed to combined all of the relevant information. My husband was adamently against me posting his actual documents (even with personal info removed) so I have compiled a hybrid of theNOD letter, the Decision Letter, the VA Nurse Memo, last employer statement and Dr.'s opinion letter (done after claim rated at 50%). Oh, I hope all of this makes sense.
We are in a quandry as to whether or not to file a NOD (already filed for an increase).
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@ Berta,
Thank you so much for the direction. I have already reached out to Rakkwarrior, just awaiting a resonse. I am currently trying to remove all of the personal information from the NOD, decision letter and Dr's letter. When I'm done, I would really like to send it to you to look over so you can get a clearer idea of what we're trying to do here. If that's ok.
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@Berta:
In the rating decision letter, under section 5 Entitlement to individual unemployability, it states: 'The record does not indicate you have applied for VA Vocational Rehabilitation services nor Social Security disability benefits.' This statement is included as one of the reasons to deny TDIU. The ratings are 50% PTSD, 10% Tinnitus and 10% Elbow.
So the initial claim is as rated above. Now there are 2 new claims, 1 for dependents and one for increase (at the advice of DAV). I prepared a NOD, but again, the DAV told us it would take years to resolve, so just file an increase instead. The 2 current claims are the ones that we haven't received a VCAA notice on yet (submitted in August 2011), and the 800# said they hadn't sent them.
After the initial rating, we went to see a VA Psychologist in August 2011, he again assigned a GAF of 45 (just like the original C&P). In the letter he wrote, he commented on 2 errors in the initial rating. Another statement says, "After reviewing the current medical records, it is my professional opinion that Mr. XX's current condition is 'more likely than not' related to the in-service condition. Due to the nature, severity and chronicity of Mr. XX's PTSD, it is my professional opinion that he can no longer maintain full-time gainful employment, nor can he sustain effective social relationships. Mr. XX's progonis for improvement remains poor, therefore his disabilities should be considered permanent."
Another statement the Dr made in the letter is, "Mr. XX has not been able to work since 2008 due to the nature, severity and chronicity of his SC'd PTSD. He has also been unable to go to school due to the nature, severity and chronicity of his PTSD. This also correlates with the 100% SC disability rating of the General Rating Formula for Mental Disorders."
We of course submitted this letter with the increase claim. Applied for SSDI in August 2011, included the Dr letter as part of the medical evidence. Now we don't know what to do about Voc Rehab. And, I am concerned about the NOD vs Increase. I wanted to submit the NOD, however, the DAV rep said it would take years and my husband didn't want to wait years.
Can I submit the NOD as a Statement in Support of Claim, and ask for an EED, or should I file a CUE, or file a formal NOD, or just leave it as is (increase). I don't want my husband to lose any benefits, only to get what he deserves.
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The DAV rep told us that the Nevada RO does not recognize Reconsideration Requests. It's either a NOD or a request for increase.
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Hello All,
History: My husband was awarded 50% PTSD back in July 2011. Part of the VA reasoning for not awarding a higher percentage was because he hadn't applied for SSDI or Voc Rehab. (BTW: I thought a veteran could only apply for Voc Rehab after they were rated, so using that reason for a lower percentage is ridiculous.)
As a result, my husband filed for an increase (we were advised that an appeal would take forever) which included a strong medical opinion for 100%. The claim is in development, and the VA has added many of the previous claim documents to the file such as the application for TDIU, personal statements etc. At the same time as filing the claim for increase, my husband also applied for SSDI.
My question is: should he also apply for Voc Rehab? We feel, as well as his doctor, that Voc Rehab will not be able to offer him any education or employment services due to the PTSD. (If that's their ruling, then it can only help his 100% plight).
I don't know where to turn in this application. The instructions say to turn into any VA office. Does that mean medical? I can't figure out how to apply online through E-benefits.
As a side note, when my husband received his initial rating letter, I put together a NOD. When we took it to the DAV, he said that a NOD would take years to resolve and advised my husband to file the increase instead. I haven't sent the NOD, however, I was thinking about changing the wording and submitting it as a Statement in Support of Claim because I feel like it has some good points. My husband also has a claim in for Dependents, both claims since August, and he hasn't received a VCAA notice for either to date.
Just looking for some suggestions from others that are more experienced with the VA than me.
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My husband takes the VA brand of Seroquel, 100mg at night. You will be extremely sleepy about 1/2 hour after taking it, so plan ahead. Also, it makes my husband extremely hungry after he takes, so he snacks until he falls asleep. There is a real risk of weight gain because of the hunger, but hopefully you'll be asleep before you can eat too much. Just make wise snack choices.
Good luck with the medicine. It works very well for my husband.
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My husband was just recently granted 60% Disability. Along with the original claim submitted over a year ago, the Dependents Form 21-686c was also submitted, along with the pertinent docs. If the VA had this info for over a year, why would they award the 60% WITHOUT dependents? When I questioned them about this, they told me that I had to resubmit the 21-686c, and that it would be treated as if it were a new claim, and dealt with in the order it was received.
I think the answer is that the VA will look for any way to shortchange a vet. Am I off the mark here?
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Carlie
I sent you a private message with all the answers
Brown Envelope Arrived Today 80%
in Success Stories
Posted
Good Day All,
Today my veteran received his Brown Envelope today. In 2010, we filed a claim for PTSD, Tinnitus, Hearing Loss, and Elbow Injury. And requested TDIU. The original award was 50% PTSD, 10% Tinnitus and 10% Hearing Loss for a combined total of 60%. That award took one year and one month. We were dissatisfied with the %, so we went to our DAV wanting to file a Request for Reconsideration. The DAV then proceeded to tell us that our State's VARO didn't accept Requests for Reconsideration and that we should just file for an increase, which he did. However, leaving the DAV that morning, I just didn't think that was the right course of action, so, I went home and promptly typed what I believed to be a compelling Request for Recondiseration.
Long story short, 9 months later, my husband received the brown envelop. PTSD increased to 70% all others remaining the same. TDIU deferred. The decision letter did not explain why the TDIU was deferred, and stated that there would be a separate letter. I checked E-Benefits and it states that my husband should submit another 21-4890, application for TDIU. But, without having the TDIU defer reason letter, we will just bask in the glow of the combined 80% rating, while still hoping for 100%.
Thank you so much to everyone here on Had It. Not only do I read here everyday, I tell so many other veterans about the site and all of the great information here.