hoagie

this type of condescension coming from a moderator is refreshing!

Actually, I find the BVA very inept, but I fail to see ghosts and goblins peeking out from around every corner. They are too disorganized to be as calculating as you would portray them. Play with them as you will....just as long as you know you will probably get from them whatever you expect. Self-fulfilling prophecies. I'm guessing they aren't so bad every 1st day of the month. Enjoy the doom and gloom.....and I hope life is better for you outside of this cyberspace you have created. Cheers.

well, it seems you had great fun at my expense.....personally, I didn't find it that funny. Don't worry about it, I'll keep it to myself from now on.

Both the psychiatrist and psychologist agree that my situation is basically static and I got letters from them. I forwarded a letter (along with their letters) to my VSO at the RO stating that due to an error the VA should reconsider. I also quoted the title 38 "reexamination" paragraph (3.327) which says that no reexam should be scheduled "In cases of veterans over 55 years of age, except under unusual circumstances". Believe it or not, they acted like that was the first time they had seen that article! Anyway, my VSO talked to one of his friends who is a DRO and they say that the VA will probably do what they called a "reconsideration" and have it changed within about a month. We'll see!!! (and only then will I believe) Navydoc....yes the VA did consider my SSD information. At least it is mentioned in the decision letter.

Thanks....your point is well taken. However, I find it hard to believe that they can go against their own directives (i.e Title 38). Title 38 is not a suggestion...it is the law! Tell me what I am missing here, I just can't believe that they are not challenged on this!!

Title 38 3.327 states that reexamination will not be done on veterans over 55 except under unusual circumstances: (2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled: (i) When the disability is established as static; (ii) When the findings and symptoms are shown by examinations scheduled in paragraph (b)(2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more; (iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement; (iv) In cases of veterans over 55 years of age, except under unusual circumstances; (v) When the rating is a prescribed scheduled minimum rating; or (vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions. So...how much leeway do they have to define "unusual" circumstance?? . My VSO and Dr's all say that this case is not unusual.

I have a great 3 yr relationship with both a PhD therapist and a psychiatrist and both stated that my prognosis is guarded as meds have been ineffective. Additionally, the C&P doc stated basically the same thing. Don't know if this is BS or not, but my guy with the state DVA said that he heard part of the rater's discussion of my claim and they were keying on the C&P docs statements regarding my "immaculate grooming and clean and pressed clothes" ! This is my first and only VA claim and I am beginning to think that the rules are a bit different than I thought they were. All 3 docs said things that hinted at little improvement in 3 yrs and they key on that???? If they want to game me...I guess I can play too. ps...my wife dresses me well

I was just awarded 100% for PTSD, but they are going to schedule an exam in 5 years. I don't believe that I will ever return to work (I am 56 ) and have not had any real improvement since the onset of it 3 years ago. I also receive SSDI for this condition. Should I appeal this or is there a chance I could get a lesser rating? Also, does anyone know what the statistics are as far as how many in my situation lose their rating on a follow-up exam (or is the exam just a formality?). Need some guidance here.....Thanks.

I agree with you Berta, concerning the helpfulness of a good patient advocate. I agree even more with the sentiment that keeping a politician out of the picture is a definite plus! Thanks for your response.

About a month ago, my Legion rep who is located at the VARO said my claim was on the rater's desk and the only thing it was waiting for was a reply to a fax to the C&P Dr for clarification of 1 statement in the exam. 3 weeks ago, I talked to the rep again. He told me that he would personally check with the rater to ensure that the fax reply from the VAMC/ C&P Dr was received back.....to no one's surprise, it wasn't. I waited another week and had him check again....and again nothing had been done. Now I know they have a load of cases, but I was getting irritated. Finally last week after a final check, the answer was still the same.....the VARO said they still hadn't received a reply and the VAMC/C&P Dr swore the reply had been sent.....and they both left it at that! Knowing that this would probably go on forever (or close)....I decided to contact the patient advocate at the VAMC. I explained the situation and they said they would definitely look into it. Apparently they contacted both the C&P Dr and the VARO who again both claimed they had done their part (amazing). Anyway, by 0830 the next morning, I got a call back from the patient advocate's office informing me that the requested info had been resent and was verified to be physically sitting on the rater's desk. Additionally, they said they had names so they could do follow-up to ensure there was no more confusion. Magically, it appears that my claim has now been rated and sent on for authorization! A HUGE thanks to the patient advocate's office!! Heres the bottom line....the VA may have a heluva a case load and I respect that, but if I hadn't kept checking progress on my own, the required info may have been floating in cyberspace for months! With some caring help and follow-up from my patient advocate, it appears that the problem was remedied. If you think that your claim is stuck in the system....it may not hurt to shake the limbs of the tree a bit. You alone really care about the results! Good Luck!