Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

A Little Warning For All -

Rate this question


Philip Rogers

Question

  • HadIt.com Elder

One of my vets called me yesterday. In 1995 he was awarded 100% P&T, for PTSD, retro to '91. Last year called in for Comp exam. Examiner reported vet has improved. Vet fails to rebut report. Recent Comp exam reports still improved. Monday vet receives notice of intent to reduce to 50% compensation level. The VA has followed the 10 yr protection rule, in that it takes 2 exams reporting improvement to reduce a 100% vet. Now vet is in a panic. Watch for more of this as the VA tries to tighten budget. This is from the Spokane, WA, VARO. jmo

pr

Edited by Philip Rogers
Link to comment
Share on other sites

  • Answers 24
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

he was awarded 100% P&T, for PTSD, retro to '91.

do you know for a fact, have you seen the paper that he was/is P&T?

I'm just asking

Betrayed

540% SC Schedular P&T

LOWER YOUR EXPECTATIONS AND THE VA WILL MEET THEM !!!

WEBMASTER BETRAYEDVETERAN.COM

-----------------------------------------------------------------------------------------------------------------------

You hit the street, you feel them staring you know they hate you you can feel their eyes a glarin'

Because you're different, because you're free, because you're everything deep down they wish they could be.

Link to comment
Share on other sites

  • HadIt.com Elder
do you know for a fact, have you seen the paper that he was/is P&T?

I'm just asking

I haven't actually seen the paperwork but wife gets ChampVA and was awarded Chapter 35 but hasn't used Chap 35. Uses ChampVA w/no unusual problems.

pr

Link to comment
Share on other sites

  • HadIt.com Elder

Just having some security with a regular check and not homeless or about to be thrown out in the cold will demonstrate some improvement. Will that Veteran be able to hire a lawyer cause June 20th has come and gone?

That Veteran is only 4 years from his 20 year protective rating. Could he drag it out like the VA does and make 20?

I predict that the VA is going to cause enough stress in that Vet to make him really ill.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

This is most unfortunate-that the vet did not take action sooner-

If he did not file a NOD or rebutt the findings- does he have anytime at all to do that now? BAsed on VA's last letter to him?

Hard to say---

If he can file a NOD on this- and mail it with proof of mailing today or soon after- (I got one ready to mail myself in case they bugger up my Recon request on my CUEs)he can obtain a lawyer under the new regs.

Men and women I hate to gripe AGAIN-(and I griped to a higher authority already on this) BUT dont forget-

the proposed legislation in the Federal register indicated there was no limiting date on when the NOD was filled regarding the Attorney for Vet regs.

The new regs however state that attorneys can only be hired IF a NOD was filed-on or after the official Reg date-June 20th 2007. Today.

aint that the craps? thousands of vets have been erroneously denied access to the benefits of this new reg. This reg- a reg of choice-

has been skillfully manipulated to only cover any claims with NODs filed today or in the future.

An entire class of veterans and widows has been adversely affected by this new reg- and are still stuck with vet org reps.

His entire lifestyle is in jeopardy not to mention his family.

He needs to act fast.

I would think at this point only a strong rebuttal and an IMO would help him.

The VA already has too much on their side of the scale.

He needs very strong medical proof that trumps what the VA opinions state-that he cannot sustain or retain employment and that his service connected disabilities still put him into the 100% criteria ( with P & T) and render him unemployable.

Did he get copies of those opinions yet?

AN IMO doctor will need to see them.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • HadIt.com Elder

This vet should probably argue for TDIU since even though he may be reduced he is probably unemployable. This just a set up. I sometimes thing it would be wise for most vets to immediately apply for IU if they are 100% schedular and the VA says they have improved. I don't know any 100% PTSD vets who work.

Link to comment
Share on other sites

This vet should probably argue for TDIU since even though he may be reduced he is probably unemployable. This just a set up. I sometimes thing it would be wise for most vets to immediately apply for IU if they are 100% schedular and the VA says they have improved. I don't know any 100% PTSD vets who work.

Just trying to learn this stuff...

What agency pays for TDIU - Va or SSA?

What does 100% scheduler mean?

Thanks,

Joe

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use