ptsd Getting The Shaft On C&p

[souldeliverer]

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.

[souldeliverer]

You bet TBI is service connectable-if the residuals are ratable-

You stated exactly the logic that makes their attempt look ridiculous-

"The lady on the phone said the reason they are proposing to reduce my benefits is because on that C&P, there is a question asking if I suffer from full occupational impairment. He checked no. The next question was, do PTSD signs and symptoms result in deficiencies in the following areas (judgement, thinking, family relations, work, mood, or school)? And he said yes to all! How in the hell can I be impaired in all of those ways, yet be fit to work"

unfortunately logic doesnt always work with the VA but I used it to stop their attempt to lower my husband's comp.

This is a deficientcy in the C & P exam- the doc has to support his "No" answer- do you have a copy of the actual report yet?

You can get a copy via the Records Access Officer.

Maybe the doc even checked off Yes but some RO 90 day wonder thought it said No.

I do have the copy of the report. It just seems rediculous to me that my judgement, thinking, family relations, work, mood, and school would be deficient, yet I am fit to work... I can use this to my advantage in my appeal? Is this enough evidence?

[souldeliverer]

I dont get it- the celexa is usually prescribed for depression

and Xanax for panic attacks and anxiety

Can you afford a private Independent Medical opinion?

It would probably put the screws to them real good and even get you the P & T so that the family would have CHAMPVA.

And it would also reveal if these are the best meds for you- I am not a doctor- so what do I know-

but sometimes I see stuff that seems odd.

It is just my own VA ola Paranoia- I proved the VA killed my husband and part of that award was due to proof of wrong meds they gave him-

If the morphine was for the 10% leg and shoulder-that seems strong for 10% disabilities doesnt it?

Have you checked the rating schedules to those ratings to see if they should be higher ?

Again-I am no doctor- but it pays for a vet to check as much info as they can on any meds the VA gives them.

First off, I am so very sorry to hear about your husband.

Please explain how an independant medical opinion will work to my advantage? I am willing to get one if it will help. Can I use the info at my hearing?

Yes, the morphine and amitrptyline are for my lower back injury which they rated 10%.

[Philip Rogers]

I can't remember which regulation it is but it's been posted here and it states something to the effect that a veteran is to be considered P&T if they are receiving payments/compensation from the secretary/dept of Health and Welfare(SSDI).

pr

[Berta]

Put into the Search feature here- Getting an Independent Medical Opinion-

maybe just IMO will work too

I will attach to next post I made but the search will bring up more info and discussion.

These are costly- 2 cost me 2,000 apiece and an additional one was 1,750.I could have stopped with the first IMO but my vet rep said he would present it to the DRO and it disappeared from my files.The the second one did too-

I also got a freeby IMO.

But first try your VA shrink-to document that you are totally disabled and unable to work-due to service . The doc might do that for you-

and this would save you this expense.

[Berta]

I dont want to give wrong impression-about IMos

I won my past claims without IMOs.

My newer IMOs I mentioned are for a re-opened death claim due to Agent Orange contributing to death ,under Nehmer Class action case , and for Peace with Honor-for my husband.

When I discovered what the VA really did to him -I re-opened my claim and I dont care how much Peace with Honor will cost me- because he deserves that.

Here is the attachment

Getting_an_Independent_Medical_Opinion.doc

[souldeliverer]

I can't remember which regulation it is but it's been posted here and it states something to the effect that a veteran is to be considered P&T if they are receiving payments/compensation from the secretary/dept of Health and Welfare(SSDI).

pr

If anybody can find this regulation, PLEASE post it here. I'll buy you a cup of coffee.