Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Getting The Shaft On C&p

Rate this question


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

Link to comment
Share on other sites

  • Answers 64
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

I would like to see that too-

I am unaware of that-

one of my other husbands had brain surgery and was hospitalized for 2 years.

two hpurs after he died the SSA called me up and send they would re-do my SSA award as I had a small child dependent- since he had just died.

(He was already on SSA of course)

I said -he just died -how did you know that?

SSA said they had to do monthly checks on all SSA recipients who were hospitalized to see if they had been improved and then discharge.

She happened to call the hospital to see if he was still there (Totally disabled of course and no chance of recovery)and they said he had died.

If the SSA would not consider a veteran who could never recover from brain surgery as P & T-

I sure would like to see any info at all that says these men and women from Iraq with SSA and/or also VA 100% SC are also declared P & T.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

I want to thank you all so much for the help. It is nice to know there is a community out there who actually cares about veterans, and knows the system. I have been dealing with the VA only for a few years, but got more advice today than in those few years combined!

Even though I have only a few years of frustration with the VA, I've hadit! Thank you all again, and I'll keep you posted. I am sure I'll have more questions to ask in a few days.

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

Link to comment
Share on other sites

Couple of questions: 1.) how old are you? 2.) what are your s/c ratings and percentages? 3.) how long have you had the PTSD diagnosis/rating? Thnx.

pr

I am 27. 100%PTSD, 30% migraines, 10% shoulder, 10% Lower back, 10% tinnitus, 10% L leg, 10% R leg. I have been 100% since April 2006.

My question is, the VA lady had told me on the phone I could apply for unemployability. Should I do this right away, or should I wait and see if they do not end up reducing me, as they have proposed?

Thank you

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

Link to comment
Share on other sites

I forgot, I am also getting SMC for housebound.

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

Link to comment
Share on other sites

  • HadIt.com Elder

I think you are pretty safe for now. Unless the VA calls a CUE on themselves, in awarding you the 100% for PTSD, it's hard for them to "legally" reduce you. Let's wait and see what the letter/proposal to reduce states. In the mean time, I'd go to the VA Medical Center's ROI office and get copies of your C&P exam results, all of them. Additionally, for now, I'd curtail any unnecessary spending, just in case the VA violates it's rules and does reduce. You can forstall it about 120 days, if it comes to that, which I doubt.

You need to get a complete copy of your c-file, if you don't already have one, ASAP. When did you last work steadily??

pr

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use