Guest Ginger Posted November 4, 2005 Share Posted November 4, 2005 My husband just received his award letter. He was rated 100% service connected for PTSD. They didn't grant Permanent and Total but his doctor wrote on several documents he was "permanently and totally disabled." They also stated on the paper that he would be reviewed in the future. I submitted the documents signed by his psychiatrist certifying for various things that he was permanently and totally disabled to the Service Officer and am requesting reconsideration to add P&T. They are sending a check (mailed Nov 1 paying back to July of 2004 (he filed the claim in June of 2005 and they gave him an effective date of July 1, 2005--WHY?.) They said the check would be $38,500. I couldn't come up with that figure any way I tried. How do I know if they figured it right? If he's SC at 100%, doesn't that mean he's total? And how do they determine permanent? If he is classified as P&T, will they also keep reviewing his claim? What about the general "reviews" they are having? I think his case is tighter than a size 9 foot in a size 3 shoe, but I am wondering if I should request a statement from another sergeant who offered to write one just to have on hand for future additional proof in case they came up with a review and something happened to the sergeant by that time. What do you all think? I don't care much for the VA and the thought of dealing with them for the rest of my life is nearly too much to bear. Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted November 4, 2005 HadIt.com Elder Share Posted November 4, 2005 Congratulations that is a big victory. You are proabbly going to need their reasons and basis before you can attack not being P&T. Anyway the door is open and it will be much easier to get them to do it right now.The backdated amount would indicate about 18 months pay for a single 100% and about 15 months if they included you as his spouse. Veterans deserve real choice for their health care. Link to comment Share on other sites More sharing options...
HadIt.com Elder JR Reihs Posted November 4, 2005 HadIt.com Elder Share Posted November 4, 2005 Ginger Wow great news, thats 3 in one day. Its been a long dry spell for success stories. Enjoy yourselves . Do yourself a favor.....buy some gold and silver! The printing presses are in overdrive. Link to comment Share on other sites More sharing options...
Jay Johnson Posted November 4, 2005 Share Posted November 4, 2005 (edited) Technically, he is totally diabled, but that doesn't mean he is permanently disabled. I agree with berta in that the VA rarely grants permanent on an initial claim...the rules for granting permanent are that one must remain at the same level of disability for a period of time (or symptoms must worsen). It would be difficult for them to grant a permanent rating without having a lengthy period of observation in which to compare the newest claim amount (IE - perhaps your husband was even worse a few years ago, or perhaps he has gotten worse over the last efw years....without the data and time they can't know this). What I would do is keep good records of all of your examinations and reports for use at a future C&P AND try to keep the same doctors as the ones who said he was permanently disabled (they're less likely to go against their own diagnosis then a new doctor would). Also, if one of these doctors are civilian get them to do a full examination and submit it in place of the C&P doctor when your time for reevaluation is up (the VA must accept the civilian's examination as long as it is as full and complete as their own examiner would have done....and a treating psychiatrist will always hold more weight then a VA C&P). Anywho, congratz on the rating and feel free to ask us any questions pertaining to how to handle your husbands problems in the future (as a spouse of a 100% PTSD vet I can assure you that you will need help handling your husband in the future:-) Edited November 4, 2005 by Jay Johnson Link to comment Share on other sites More sharing options...
Guest Berta Posted November 4, 2005 Share Posted November 4, 2005 GLAD he got the 100%, but the VA doesn't pay one year prior to when you first filed, I know SSDI does, but not the VA, unless they changed some rule lately, and when you get the official letter it states that, then I better apply for my one year, extra 18,000 would come in handy. GREAT NEWS! is everyone considering they are subtracting the prior disability amount already paid to the vet during this time period? The figures didnt add up right to me either but----- this is something in the VBM that might show what happened here- "The exception (to general rule) is that the effective date is the earliest date as of which it is factually ascertainable that an increase in disability had occurred if claim is received within one year from such date" Page 597 VBM 2005 Ed. The example they give is- if the vet has 20% which became worse on April 1,1999 and the veteran filed a claim on Oct 1 1999, and then the VA awards a 40% increase the exception applies and the proper retro date here is Apil 1,1999. The key part of this reg 38 CFR 3.400 (o) (2) (2005) is if the claim is received within one year from the worsened condition. This exception to the EED regs has to be supported by medical evidence- maybe this happened here? Link to comment Share on other sites More sharing options...
Guest Berta Posted November 5, 2005 Share Posted November 5, 2005 Frosty-do you get SSA benefits for PTSD? If you dont receive SSA benefits, this award letter would help an SSA claim too. Link to comment Share on other sites More sharing options...
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