ptsd P&t ?

[SLEDGE]

Greetings Comrades,

I'm 80 percent for PTSD and TDIU with P&T.

I have 3 more rated disabilities.

I have been scheduled for another PTSD C&P.

It's an 'outside the VA' hired gun again.

This examiner has examined me twice before.

One negative opinion and one favorable opinion.

The negative opinion was penned without an examination of the vets records.

The positive opinion came after the same examiner READ THE FILES.

Basically, the examiner could not have given a valid opinion the first time because my records were not reviewed prior to the examination.

By the VA standards that we all know and trust,

the first exam does not count.

The second exam does count.

So, With only one [proper examination] by the VA my PTSD claim was granted.

How about the 6 or 8 private examiners that the VA sent me to over the years?

To a man they all say the same thing, Chronic PTSD, Service Connected.

I can't wait for the rest of my records to become unclassified.

I'm actually a combat related vet with service connected PTSD, but I can't prove it [yet].

I wish somebody at the VA would pull their head out.

sledge

[wallyg]

Jay

Citing a para. number is hardly a valid reference. I would like to know where you found this, since it is NOT in 38 USC; 38CFR; M-1; M21; or even M21Rev.

You also appear to be overly optimistic about the honesty, and willingness to comply with rules and regulations, of the average RO/DRO: or to take in account how long it will take to progress through BVA and COVA, before you will get a lawyer who can get the VA to follow its' own regulations.

I hate to keep harping on this, but PLEASE, don't be so adamant in your posts. The one thing that I can absolutely GUARANTEE, is that more often than not, the VARO will do what they want to, not what the rules and regulations specify.

It is good to see veterans/spouses reading and applying the rules, but as an example, I have a clear case of the VARO ignoring 38CFR, Chap 4 codes, easily proven by the regulation. I have appealed it on a Form 9, because I have exhausted all local expedients. It has now been sitting at VARO for 18 months, and I still have NO notification that it will ever go to the BVA.

Nothing that I try, seems to have any effect on these local idiots.

Keep on Jay, but temper your enthusiasm with a little cynicism, where the VARO is concerned.

[Jay Johnson]

Jay

Citing a para. number is hardly a valid reference. I would like to know where you found this, since it is NOT in 38 USC; 38CFR; M-1; M21; or even M21Rev.

You also appear to be overly optimistic about the honesty, and willingness to comply with rules and regulations, of the average RO/DRO: or to take in account how long it will take to progress through BVA and COVA, before you will get a lawyer who can get the VA to follow its' own regulations.

I hate to keep harping on this, but PLEASE, don't be so adamant in your posts. The one thing that I can absolutely GUARANTEE, is that more often than not, the VARO will do what they want to, not what the rules and regulations specify.

It is good to see veterans/spouses reading and applying the rules, but as an example, I have a clear case of the VARO ignoring 38CFR, Chap 4 codes, easily proven by the regulation. I have appealed it on a Form 9, because I have exhausted all local expedients. It has now been sitting at VARO for 18 months, and I still have NO notification that it will ever go to the BVA.

Nothing that I try, seems to have any effect on these local idiots.

Keep on Jay, but temper your enthusiasm with a little cynicism, where the VARO is concerned.

The first quote, if that's what you're refering to, is from M-21. As for cynicism, I am as cynical as anyone else and I have said many, many times that the VARO often does not follow regulations.

My first response to this thread was "As you can tell, there is some wiggle room in pension cases, but there is NO wiggle room in compensation cases...if you're P&T and they schedule you for an exam fight it all the way " . I made it clear from the beginning that one should expect this to be a long fight...I did not imply that if the veteran quotes the regulations I posted that they would automatically win their claim (in fact I'm sure the VARO will ignore it). My basic point in this thread is that P&T means NO FUTURE EXAMS and I have heard several incodents where the VARO's have tried to issue reexaminations for people with P&T without cause (including a CUE I have in at the moment for my wife). The RO is clearly exceeding its authority in these cases and the vets that are affected SHOULD fight it every step of the way.

[SLEDGE]

The first quote, if that's what you're refering to, is from M-21. As for cynicism, I am as cynical as anyone else and I have said many, many times that the VARO often does not follow regulations.

My first response to this thread was "As you can tell, there is some wiggle room in pension cases, but there is NO wiggle room in compensation cases...if you're P&T and they schedule you for an exam fight it all the way " . I made it clear from the beginning that one should expect this to be a long fight...I did not imply that if the veteran quotes the regulations I posted that they would automatically win their claim (in fact I'm sure the VARO will ignore it). My basic point in this thread is that P&T means NO FUTURE EXAMS and I have heard several incodents where the VARO's have tried to issue reexaminations for people with P&T without cause (including a CUE I have in at the moment for my wife). The RO is clearly exceeding its authority in these cases and the vets that are affected SHOULD fight it every step of the way.

WOW,

that's more than I expected!

I'll try to fill in the blanks so you guys can be more specific in your answers.

"Are you rated for pension or compensation?"

Compensation.

"How long have you had the same PTSD rating?"

3 years.

Have you had the same PTSD rating for 5 years or more?

No changes since the award, 10-2003 / retro of one year.

Has any competent doctor stated that there is no likelihood of improvement?

Yes.

Are you more than 55 years old?

54.

"The RO is clearly exceeding its authority in these cases and the vets that are affected SHOULD fight it every step of the way."

If anyone wishes to examine my records for examples of VARO Dirty Tricks we can set up an appointment in St. Louis.

The RO has lied, lost my records, rewritten my records, ignored my records and has sent me on several wild-goose-chases.

Of late, my MRI has been cancelled, unknown reason why.

(I have several service-connected physical problems.)

My medications are being cancelled again.

(OH Well)

This new exam is actually the second one that the RO has scheduled for me that's related to P&T PTSD.

The first exam was a cluster, if you know what I mean.

"the worse case scenario is if a vet felt they did not have to report to a C & P and failed to show up-"

I always present myself to the examining agency at the specified time and place.

What are we supposed to do when the RO schedules a C&P on a day that the specialty involved is not around?

And, then denies the claim because the vet did not get examined at the appointed time and place.

Or, x-rays are ordered but not taken.

The doctor goes home while ya sit in the x-ray waiting room.

The actions of the RO have been consistently against me and they use every illegal trick in the book to deny my claims.

My claim was awarded by the Tiger Team in Washington, not by the RO in St. Louis.

The RO has scheduled the new exam for THEIR OWN REASONS.

I feel that the RO can't stand to have a case pulled out from under them and awarded behind their backs.

Before the award the RO was just getting started messing with my new lawyer.

Some records that the RO should already have are being sought by my lawyer at this time.

The court will not take my case because the RO and BVA have not 'ARTICULATED' their reasons for denying my claims. (12 years retro are due but not received)

(Anytime they want to they can pick up the ball and go home.)

By not telling us 'WHY' the RO has effectively, constructively shut down my appeal.

My lawyer filed an NOD.

The SSOC is still not here after 2 years.

It is at the discretion of the Secretary -- not the courts or the claimant.

Isn't this fun?

Where is Zorro when ya need him?

sledge

[Jay Johnson]

WOW,

that's more than I expected!

I'll try to fill in the blanks so you guys can be more specific in your answers.

"Are you rated for pension or compensation?"

Compensation.

"How long have you had the same PTSD rating?"

3 years.

Have you had the same PTSD rating for 5 years or more?

No changes since the award, 10-2003 / retro of one year.

Has any competent doctor stated that there is no likelihood of improvement?

Yes.

Are you more than 55 years old?

54.

"The RO is clearly exceeding its authority in these cases and the vets that are affected SHOULD fight it every step of the way."

If anyone wishes to examine my records for examples of VARO Dirty Tricks we can set up an appointment in St. Louis.

The RO has lied, lost my records, rewritten my records, ignored my records and has sent me on several wild-goose-chases.

Of late, my MRI has been cancelled, unknown reason why.

(I have several service-connected physical problems.)

My medications are being cancelled again.

(OH Well)

This new exam is actually the second one that the RO has scheduled for me that's related to P&T PTSD.

The first exam was a cluster, if you know what I mean.

"the worse case scenario is if a vet felt they did not have to report to a C & P and failed to show up-"

I always present myself to the examining agency at the specified time and place.

What are we supposed to do when the RO schedules a C&P on a day that the specialty involved is not around?

And, then denies the claim because the vet did not get examined at the appointed time and place.

Or, x-rays are ordered but not taken.

The doctor goes home while ya sit in the x-ray waiting room.

The actions of the RO have been consistently against me and they use every illegal trick in the book to deny my claims.

My claim was awarded by the Tiger Team in Washington, not by the RO in St. Louis.

The RO has scheduled the new exam for THEIR OWN REASONS.

I feel that the RO can't stand to have a case pulled out from under them and awarded behind their backs.

Before the award the RO was just getting started messing with my new lawyer.

Some records that the RO should already have are being sought by my lawyer at this time.

The court will not take my case because the RO and BVA have not 'ARTICULATED' their reasons for denying my claims. (12 years retro are due but not received)

(Anytime they want to they can pick up the ball and go home.)

By not telling us 'WHY' the RO has effectively, constructively shut down my appeal.

My lawyer filed an NOD.

The SSOC is still not here after 2 years.

It is at the discretion of the Secretary -- not the courts or the claimant.

Isn't this fun?

Where is Zorro when ya need him?

sledge

It's sounds like you're still doing a lot of work on your claim, which gives the RO more lattitude to order C&Ps:-( The RO shouldn't order a C&P for a P&T case without having some reason to review your file....this doesn't mean they have the right to order you to a C&P exam, but I'm sure they will try to justify it by something you have sent them or the appeals you are trying to get through.

I wish there was more I could suggest other then the typical, "call your senator/lawyer/VA secretary/etc", but I'm sure you have and it's gotten you nowhere. I guess you could try a real civilian lawyer because your case is, from the same of it, beyond the BVA stage, but lawyers tend to be just as useless as SOs when it comes to vet issues.

P.S. - If you give more specifics about what exactly the BVA is denying and why, one of us may be able to suggest a course of action like CUE, but I don't really know enough at this point to recommend one.

[wallyg]

Jay

Stretch is a perfect example of what I am talking about.

The VARO can do just about anything they feel like doing, if they are so inclined. Some are like that, some are not. I think it depends basically on two people: The VARO Director, who sets the tone; or the SCM if the Director is laissez-faire, or abdicates his responsibility.

You can try every legal avenue in the book, and they can still screw over you. You can't even hire a lawyer, until you get past the BVA, and it is easy for them to delay that for years and years.

Sometimes the ONLY thing you can do, is to find a VARO that is more honest, and move there. Even then, some VARO's will refuse to forward your records, until they have finished processing any claims or appeals you have started at their VARO.

The problem is that honest, caring people find it difficult to believe the lengths to which dishonest, self centered, uncaring people will go, to push their agenda, and to mess up people within their authority.

You've learnt how bad and useless GWB is, figure that every Director/SCM at the VA is just as bad.

[Jay Johnson]

Again, I completely understand just how much power these idiots have and what lengths they will go to to deny claims (even if it means ignoring their own regulations), but this doesn't mean that we shouldn't point out that what the RO's are doing is wrong, nor should it preclude members of hadit from telling others to fight it.

I stand by what I said 100%...the RO CANNOT order reexaminations for P&T cases without sufficient cause. This doesn't mean they don't or won't order said examinations, but it is clearly against both the current regulations and, more importantly, congress' intent. As I have suggested all along, if a veteran is P&T and the RO schedules an examination for NO REASON, then said vet should fight it all the way (even before the scheduled exam)...this doesn't mean the RO will change its mind, nor does it guarantee victory upon appeal, but to suggest that a vet should throw their hands up because it's "just the RO doing what it always does" just doesn't sound right with me.

With that said - The reason the RO's are the way they are is due to two factors:

1) There is no oversight of the secretary of the VA. Even the CoVA is VERY limited in what it can and cannot do to a BVA decision.

2) The regulations are written by the VA for the VA. VA regs need to be far more concrete and binding and the VA should not be able to change any regulations without congressional hearings.

My plan for fixing this problem - Congress needs to step in and take control of the VA. Essentially, the VA is part of the executive branch without the normal controls that come with legislative oversight. The president should only have the power to appoint the members of the VA and congress should be in direct control of the regulations (IE - legislation).

Congress should also take a few steps to ensure fair treatment of veterans:

1) Congress should rewrite the regulations in a manor which is most beneficial to the veteran and not the veteran's association.

2) The regulations should be written in stone. The secretary will have no ability to change any regulations without congressional consent and can only propose changes ONE regulation at a time (so that the secretary, or any one congressman, cannot sneak in changes in large rewrite bills). Any changes proposed should be given proper hearings and public oversight (the legislative branch was the only true democratic branch of our government for a reason).

3) Judicial oversight should focus on congress' intent rather then the "secretary's" interpretation.

4) The discretion of the secretary should be limited to matters which "benefit" the veteran and not the VA (to use this thread, the secretary should not be able to use discretion in an attempt to "lower" a veteran...only to "raise" the level of compensation). Also, discretion should be very limited in benefit's issues in general. Being that the VA is an executive organization, the secretary should have broad discretion pertaining to administrative issues like budget, employees, infrastructure, etc, but should not be able to use discretion in a means that supersedes the intent of congress (IE - regulations pertaining to benefits).

Until the system is overhauled to provide better oversight/management, as I have suggested, the VA will continue to treat veterans as lying criminals out to steal government money.

My two cents......