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

[SLEDGE]

Guys,

Ya can't say both ways in the same reply.

ie: They can't, But they will anyway.

This here is not new,

"I stand by what I said 100%...the RO CANNOT order reexaminations for P&T cases without sufficient cause.

"They can't, But they will anyway."

BTW, I'm naturally sarcastic and abrasive, don't take it personally.

I believe we have to find a champion for our cause before anything substantial takes place.

There are a few good guys and gals in congress but not enough.

We have several new vet's orgs that know what they are doing, most of the time anyway, but they are swamped with the regular stuff.

Somebody with enough cash to finance an overhaul of the stupid stuff needs to step forward.

I'm still waiting on my retro, no help here.

Ya'll may not like any of Hanoi Jane's friends and I don't either.

So who was left on the ballot the last time?

I was not excited over either dude myself but, I'm a Nam vet.

Kerry sucks. Pure politician!

Don't try to change me cause I can't remember where I stand from one day to the next.

Floggin a dead horse.

I got a copy of my next appointments today.

The PTSD exam is listed as a C&P.

Yes hon, I'm still P&T.

The RO normally sends us to more exams so the new exams can function as a fishing trip.

If the examiner opines in our favor we get yet another exam.

This crap can go on for 12 more years cause I have many more opinions in my favor than the RO has in theirs.

I can get 6 more exams before the judicial weight is balanced. (equipoise)

At 2 years between new exams that's 12 more years before the RO has me beat.

And they will never articulate their reasons for denial because that would let the court come in and bail me out.

I do have a lawyer on my team.

His help got us the favorable decision in the first place after the DAV refused to help me because my file is too big. (Life Member)

So far the government has paid him over 10 grand in fees for his help, help before I could legally hire him.

Paying him for his time is much less costly than paying my retro.

Don't ya just love how this works?

Screw the vet, nobody cares, what's the big deal?

My lawyer has quoted chapter and verse in the NOD's that we have filed.

No answer.

sledge

[Jay Johnson]

Guys,

Ya can't say both ways in the same reply.

ie: They can't, But they will anyway.

This here is not new,

"I stand by what I said 100%...the RO CANNOT order reexaminations for P&T cases without sufficient cause.

"They can't, But they will anyway."

BTW, I'm naturally sarcastic and abrasive, don't take it personally.

Actually you can and it happens all the time in the VA and in life in general. A cop cannot beat someone without cause, nor can they shoot someone unless they can prove their life is in danger, but they do all the time and get away with it for the most part. If a law forbids someone from doing something then they CANNOT do it "under the law", but when you deal with people who ignore law and uphold lower decisions in a sort of "good 'ole boys society" then what cannot be done is done anyway.

The RO cannot order you to a C&P exam for your P&T PTSD without a reason. Now, either they will make a reason up (like citing evidence from a seperate issue that you provided them) or they will just ignore the regulations and hope they stand up in court.

The reason I am so passionate about this issue is that it is a VERY profound one to ALL veterans with P&T. The accepted thought on P&T is once you get, provided you leave the RO alone, you will not be bothered again. The RO's are exceeeding their authority by issuing C&Ps, but they know that you have to attend them even if they break the rules (plus they anticipate that any appeal you make about the C&P will take years)......after you attend them and provide them with new evidence it really doesn't matter if they broke the regulation or not because you're dealing with "new and material evidence". It is a catch 22 that needs to be stopped before it becomes common-place in the VA.

Unforetunately, the only way to stop this is to get someone with power on your side to force the VA back into line on this particular subject. We need a SO to step up or a senator to take action.

Few extra points:

1) If one assumes that the RO can ignore the regulations regarding P&T and reexaminations then they can also ignore the regulations regarding reasonable doubt and can easily take away your rating regardless of how many favorable opinions you have (not out of the norm for those people). This is why we need to draw a line in the sand. P&T means your disorder is of a PERMANENT nature....it defies all common sense (and regulation) to order periodic exams for something that is static in nature. Either the RO needs to remove your P&T status or honor...they can't have it both ways.

2) You mentioned several other problems you have...what are they and what are the ratings? Are you sure your PTSD is P&T or could another disorder be P&T? Just because you are P&T for say a physical injury does not mean that your PTSD is static as well (nor does it mean that your PTSD could be high enough to be P&T).

3) Have you contacted the Ro and sentors, SO, etc about the exams in particular and cited the regulations behind reexaminations and P&T? If so, what are the responses?

Please keep me posted...not only do I care deeply about this topic for veterans in general, but my wife is P&T with an exmanination scheduled for 2007 (I am at the DRO level AND I have a CUE filed on the matter...also have a sentor working on it along with a congressman). I can't use a lawyer yet because I have not exhausted appeals.

[Jay Johnson]

The RO normally sends us to more exams so the new exams can function as a fishing trip.

If the examiner opines in our favor we get yet another exam.

This crap can go on for 12 more years cause I have many more opinions in my favor than the RO has in theirs.

I can get 6 more exams before the judicial weight is balanced. (equipoise)

At 2 years between new exams that's 12 more years before the RO has me beat.

And they will never articulate their reasons for denial because that would let the court come in and bail me out.

sledge

That really isn't the way the system works, nor how the 5 yr rule is applied. The RO only needs two exams to prove you have "sustained" improvement and to justify lowering you. The 5yr rule only protect you against any ONE exam showing material improvement......if one exam confirms a prior exam then they have established sustained improvement. Of course that ignores the laws behind TDIU and several other factors, but it isn't as simple as 6 in your favor and 5 against you......you can have 15yrs of ratings in your favor and have your compensation revoked in a matter of months (a C&P that shows improvement followed by another a few months later that shows sustained improvement).

P.S. - The VA is supposed to schedule future exams at least two years in the future, but, like with reexaminations and P&T, if they can show cause to order one earlier they can and will. (hell, they'll order one without cause)

[SLEDGE]

That really isn't the way the system works, nor how the 5 yr rule is applied. The RO only needs two exams to prove you have "sustained" improvement and to justify lowering you. The 5yr rule only protect you against any ONE exam showing material improvement......if one exam confirms a prior exam then they have established sustained improvement. Of course that ignores the laws behind TDIU and several other factors, but it isn't as simple as 6 in your favor and 5 against you......you can have 15yrs of ratings in your favor and have your compensation revoked in a matter of months (a C&P that shows improvement followed by another a few months later that shows sustained improvement).

P.S. - The VA is supposed to schedule future exams at least two years in the future, but, like with reexaminations and P&T, if they can show cause to order one earlier they can and will. (hell, they'll order one without cause)

HMMMMM,

"3) Have you contacted the Ro and sentors, SO, etc about the exams in particular and cited the regulations behind reexaminations and P&T? If so, what are the responses?)

I say again,

My lawyer is in on this crap and nobody knows why I need to have a C&P.

All of the appropriate rules, regulations, statutes and examples have been cited in the NOD.

The RO, DAV and my elected reps have no intentions of helping me.

In fact they are against me, all of them!

They all said so to my ear.

Cut me some slack guys.

"That really isn't the way the system works"

DUH?

Everybody here knows how the VA system is supposed to work/help vets.

And equally how the VA system does not help us.

"2) You mentioned several other problems you have...what are they and what are the ratings? Are you sure your PTSD is P&T or could another disorder be P&T?"

High Blood Pressure, Residuals of a leg injury and Fibromyalgia, all at 10%.

The PTSD is the only one rated as P&T. (PTSD is 80% schedular)

I have an NOD in on the effective date of the PTSD award.

I filed it in 1990 and continuesly prosecuted the claim until the Tiger Team awarded it in 2002.

The Tiger Team placed all of my claims in the directly service connected status.

They sited that the evidence of my various disabilities existing goes back to my service.

Chronic while in the service and continuously chronic afterwards.

Why would I need to be examined to determine if the condition existed earlier than the 2002 rating states?

VA says 2002, Tiger Team says 1972 (while inservice) and SSA says 1993.

My records say 1970 (while inservice).

By the way,

I was never informed of my appeal rights until fairly recently.

The actual date of becoming informed isn't important because it came 'after' all of the denials.

After the formation of judicial review in 1988.

According to the CAVC, a complete lack of appeals information, to be supplied by the RO to the Veteran claimant, is grounds to vacate a decision.

That means all of my effective dates are the earliest dates that I filed each claim, but only since 1988.

Now that I'm completely confused, how are you catching this stuff?

sledge

[Guest Namvet6567]

Sledge - it is impossible to have an 80% rating for PTSD. PTSD/mental disorders are rated 0%, 10%, 30%, 50%, 70% or 100%.

HMMMMM,

"3) Have you contacted the Ro and sentors, SO, etc about the exams in particular and cited the regulations behind reexaminations and P&T? If so, what are the responses?)

I say again,

My lawyer is in on this crap and nobody knows why I need to have a C&P.

All of the appropriate rules, regulations, statutes and examples have been cited in the NOD.

The RO, DAV and my elected reps have no intentions of helping me.

In fact they are against me, all of them!

They all said so to my ear.

Cut me some slack guys.

"That really isn't the way the system works"

DUH?

Everybody here knows how the VA system is supposed to work/help vets.

And equally how the VA system does not help us.

"2) You mentioned several other problems you have...what are they and what are the ratings? Are you sure your PTSD is P&T or could another disorder be P&T?"

High Blood Pressure, Residuals of a leg injury and Fibromyalgia, all at 10%.

The PTSD is the only one rated as P&T. (PTSD is 80% schedular)

I have an NOD in on the effective date of the PTSD award.

I filed it in 1990 and continuesly prosecuted the claim until the Tiger Team awarded it in 2002.

The Tiger Team placed all of my claims in the directly service connected status.

They sited that the evidence of my various disabilities existing goes back to my service.

Chronic while in the service and continuously chronic afterwards.

Why would I need to be examined to determine if the condition existed earlier than the 2002 rating states?

VA says 2002, Tiger Team says 1972 (while inservice) and SSA says 1993.

My records say 1970 (while inservice).

By the way,

I was never informed of my appeal rights until fairly recently.

The actual date of becoming informed isn't important because it came 'after' all of the denials.

After the formation of judicial review in 1988.

According to the CAVC, a complete lack of appeals information, to be supplied by the RO to the Veteran claimant, is grounds to vacate a decision.

That means all of my effective dates are the earliest dates that I filed each claim, but only since 1988.

Now that I'm completely confused, how are you catching this stuff?

sledge

[SLEDGE]

Namvet,

I have no control over the ratings or the numerical percentages.

Given the RO's past track record I would not be surprised to see a rating of 75% and have to wait 5 years to see if the number is rounded up or down.

I have nothing to gain by bad-mouthing the RO.

It's just that in my case the RO jerks know exactly what they are doing and to what vet they are doing it to.

Why else would they change a highly respected expert opinion so that the opinion would become a negative piece of evidence instead of a positive?

6 times?

Another one 4 times?

Another one twice?

Another 8, one examiner at a time.

Why have I not been sent to a 'doctor' for a C&P examination of the vet the last 4 times?

Or to an examiner who at least knows how to spell the disease that the vet is supposed to have, or not?

That last clown asked me if I knew the procedures and findings because he had NEVER examined ANYONE for that disease? (Fibromyalgia)

I already had a 10% rating for Fibromyalgia before that exam based upon an examination by a specialist in 1995, specialist means 'doctor'.

I'll betcha the 10% gets dropped to zero as the result of that last C&P.

I'll give you 5 to one odds.

At the very least the last examination will cause another 2 years delay in the adjudication of my claims.

Then another 5 years waiting for the RO or the Board to 'articulate' the reasons and basis for the denial.

I have read where others here have stated that the RO people do not have the time or the inclination to single out 'certain' vets for mistreatment during the protracted adjudication procedure.

OK!

But I have seen the 'notes' that they leave for each other in my c-file.

They sent them to me twice.

sledge