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Getting The Shaft On C&p

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souldeliverer

Question

PLEASE HELP ME!!!

I am an Iraq veteran rated 100% PTSD, 30% migraines, 10% low back, 10% shoulder, 10% tinnitus, 10% L leg, 10% R leg. I recieved a call today from the regional office that they have reviewed my claim and decided I must be better, and are reducing me to a grand total of 90%!!!

First of all, I am not better. Secondly, they have me on hydrocodone, xanax, risperdone, lamictal, celexa, ambien, amitriptaline, motrin, and had me on morphine, but I stopped taking it due to side effects. I STILL have PTSD, and am ready to go ballistic on these people at the regional office.

Question: What chance do I have of winning my appeal/board meeting? I have not been an inpatient for like a year because I get worse when I go to the hospital and get locked up.

Please help. I just had a baby girl, and cannot live without my full benefits. I tried going back to work a couple years ago and failed miserably.

Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined.

-Patrick Henry

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  • HadIt.com Elder

going ballistic will NOT help, who has your POA? Have you contacted them? What is the rationale they are using that you are better? Have they given you C&P exams or is this just something off the shelf idea?

You actually have a good chance on appeals....have you been going to mental health appointments or have you just quit going to the VA altogether?

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

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Soul - I understand the anxiety this causes but slow down a bit and breath. As testvet stated : ballistic will get you nowhere.

In this situation the VA has the burden of proof and if you have not been working (100 percent PTSD = NO WORK)then you are halfway there. They must have you examined. A rater is not a doctor and therefore, can not make such a determination. Now they can screw with you and cause you much anxiety but try to approach the situation with a cool head.

A couple of things to keep in mind here:

1. They can not reduce you based upon a phone call. They must inform you in writing.

2. IF and that is a big IF they do send you written correspondence concerning a reduction file an appeal immediately and without fail.

3. Keep the board updated on what is going on and we will attempt to assist you in any way possible.

Do you have a private treating doc or do you see one at the VA?

Hang in there for you will make it through this.

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Soul. First off, don't do anything ballistic. The folks made some good comments earlier. They can't reduce you just by a simple phone call.

They try reducing my PTSD last year by calling me for a C&P Evaluation, gave me a rating of unexchange, and then I slap them with a NOD because my symptoms was getting worst.

This is a ploy by the VA to reduce Veteran's rating. I'll bet you they have a listing of who has not been showing up to treatment after being awarded a rating. That's why they picked me.

I can't stress enough to other Veterans the importance of " BEING IN THE VA SYSTEM". Even if you were going to group couseling once a month, it will keep them off your back.

I would wait to see what their next move is. I'll bet you its a C&P examination. There you must prove the case that your symptoms have worsen.

Good luck.

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  • HadIt.com Elder

To stop this process you have thirty days to deliver a NOD to the VARO. They cannot simply decide you are no longer 100% without a full and comprehensive review of your records. I would hand carry a notice of Disagreement with this proposed reduction to the VARO and get a date stamped copy.

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I agree with Iraqx2 about "being in the VA system".

It not only applies to group sessions, but it also applies to not missing appointments and making sure you reorder your meds even if your not needing or taking as many for a period of time.

They will use anything they can to show your need for the higher rating has changed.

Soul you have had some great advice here.

Definately DO NOT do anything rash or out there as it will only hurt your claim.

DO file a NOD immediatley to counter their efforts to reduce your rating.

DO make sure you goto every meeting and / or apointment and make sure your thouroughly read and respond to each notice sent regarding the possible reduction.

As someone else previously stated, they are supposed to have ongoing evidence that your condition is getting better, not just an ideal or on good visit to a doctor, but this is the VA and they will try to get over on you if they can.

Donewsome

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  • HadIt.com Elder

I order my meds online every month, and I see my shrink every 3 months, my primary care doc used to be every 3 months now it has been changed to 8 months, I make all the appointments if I am sick or can't make it I call ahed of time and reschedule it for another day.

If you do not make an effort to seek treatment and the check seems to be the cure, then this is the result and I expect we will see many more of these, especially if they pass the Dole/Shalala recommendations, there is no way I will volunteer to go under the new system I will take the grandfather clause to get stressed out every 3 years over a PTSD C&P where they can reduce you from 100% or TDIU would create to much havoc on veterans, and I don't care to go there, I don't care what extra incentives they add to entice people to go to the new system, in the end they will find a way to screw you

100% SC P&T PTSD 100% CAD 10% Hypertension and A&A = SMC L, SSD
a disabled American veteran certified lol
"A journey of a thousand miles must begin with a single step."

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