ptsd No More P & T Under Dole - Shalala Report

[jessejames]

It's my understanding (and I also received return agreement e-mail from Larry Scott) if the Dole-Shalala Report is followed, VA Comp and Pensions will be turned on their head. There won't be a P & T status. The VA will re-evaluate all Disabled vets every 3 years and make a determination if thier disability has gotten better or worse. From experience, VA will be ORDERED to say Condition has improved and cut Compensation to save more money to rebuild Iraq and give more tax breaks for the wealthy. Look at what DOD is doing now to combat vets from Iraq by giving them "Personality Disorder" Discharges instead of treatment for PTSD and in order to save money for the government. The saying from Nam is still the same, with modification, "Disabled Vets don't mean nothin"." I can't see this part of the Report being enforced because it would take thousands more Doctors at the VA and they can't provide treatment NOW because of a shortage of Doctors, plus it would be very expensive to implement and I feel most all of the Vets Organizations would oppose it, except maybe the American Legion.

Quote from the REPORT on Page 6:

"Periodic Review

The disability status of veterans should be reevaluated every three years and compensation adjusted, if their condition has worsened or improved.

http://www.vawatchdog.org/07/nf07/nfJUL07/...%20warriors.pdf

Edited July 28, 2007 by jessejames

[jessejames]

"Periodic Review"

The disability status of veterans should be reevaluated every three years and compensation adjusted, if their condition has worsened or improved.

I have faxed Senator Dole and Shalala for a clarification to see if they meant what they said, i.e. the disability status of veterans should be RE-EVALUATED EVERY three years and COMPENSATION adjusted according to the RE-EVALUATION EXAM REPORT! Will let you know when they answer, if they meant this or something else. Last time I checked a P&T Veteran was a Veteran with a Disability STATUS!

The Report states plainly that Compensation and Pensions are due for a major OVERHAUL, so I don't think we can be relying on past Rules or Cases.

[Jay Johnson]

"3.327 Reexaminations.

(a) General. Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability. Generally, reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or that the current rating may be incorrect. Individuals for whom reexaminations have been authorized and scheduled are required to report for such reexaminations. Paragraphs ( and © of this section provide general guidelines for requesting reexaminations, but shall not be construed as limiting VA's authority to request reexaminations, or periods of hospital observation, at any time in order to ensure that a disability is accurately rated.

(Authority: 38 U.S.C. 501)

(;) Compensation cases —(1) Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified.

(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."

Clearly, this is what that one line is referring to (in bold). Even though my wife was found to be 100% P&T one year earlier and also found to be P&T again (after much fighting) the "rater" tried to schedule her for a reexamination 1 year after the finding of 100% P&T with housebound. Of course we fought it and now there are no future exams, but it highlights the fact that raters are given great latitude to administer reevaluations and that there is great disparity, even within a given RO, about when to schedule a reexamination for non-P&T vets.

The VA *should* be scheduling them 2-5 years, but I'm betting many here have had rexams far quicker then 2 years and without any real justification other than, "the rater said so".

This is clearly a line about uniformity in non-P&T cases, so calm down a bit:-)

Edit - Perhaps you should use Ockham's Razor for this one:-)

Edited July 29, 2007 by Jay Johnson

[Tbird]

"Periodic Review"

The disability status of veterans should be reevaluated every three years and compensation adjusted, if their condition has worsened or improved.

I have faxed Senator Dole and Shalala for a clarification to see if they meant what they said, i.e. the disability status of veterans should be RE-EVALUATED EVERY three years and COMPENSATION adjusted according to the RE-EVALUATION EXAM REPORT! Will let you know when they answer, if they meant this or something else. Last time I checked a P&T Veteran was a Veteran with a Disability STATUS!

The Report states plainly that Compensation and Pensions are due for a major OVERHAUL, so I don't think we can be relying on past Rules or Cases.

i will very interested in their response, it looks like it could be read either way, sneaky, i hate sneaky.

[jecsb4]

This really is stupid. Yes I am sure that a lot of Vets health change for the good, but mostly for the worse. So in a capacity filled VA system lets stress it even more by doing exams and status updates every three years! I am sure that they will be able to reduce a few Vets by 10 or 20%. But I bet you that most will increase.

This is another example of politicians not knowing what is involved with the biggest health care system in America.

[jessejames]

Forgot to mention, the Commission site is http://www.pccww.gov/ContactUs.html you can e-mail, call or fax, but the fax number on the site is incorrect, the correct fax number is 1 703-588-2046 IF thet answer my e-mails or faxes, I will let you know what their INTENTION was in saying Disabled Veterans be re-evaluated every 3 years.

Edited July 30, 2007 by jessejames

[Jay Johnson]

Where does it say *ALL* veterans should be reevaluated every 3 years? The line about reevaluation is clearly under the subheading of "periodic review".

You do understand that it would be completely illogical to reevaluate EVERY veteran every three years, don't you? Do you think someone will grow that lung back or regenerate an arm and leg??? Clearly, it makes *NO* sense, in that context, that the report, which was to ***streamline the VA*** would want to reevaluate veterans who cannot physiologically get better.

From a PTSD standpoint I guess I could see the recommendation, but that's putting a LOT of specificity into a very general comment under "periodic review".

Also, damn near every VA reg would have to be rewritten if no one could ever be deemed permanently disabled....the VA uses verbage like "static", "permanent in nature", etc over and over again in their regs.

I mean, good god.....I'm probably one of the bigger alarmists on this forum and this seems incredibly far fetched even for me:-)

Edited July 29, 2007 by Jay Johnson