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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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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

What is CUE? Why is it hard to legally reduce me? Do I get my C-file at the ROI? I haven't worked at all since November 2006. Is this to my advantage?

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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Was the 100% PTSD extraschedular award?

Here is the TDIU form.

# 18 check yes if you get SSA and tell them if it is solely for your SC conditions,

If you dont get SSA check yes and then apply for it-

# 25 Remarks- tell them how the SC meds affect your ability to work- use good side effect printouts that come with the meds or on good medication web sites.

Tell them any thing else that shows you cannot work due to SC.

And try what I did- after the VA lied to my Senators and Congressman about my husbands SSA records (he was 100% PTSD SSA)and after I sent them copies of 6 shrink tests that showed in the word's of the shrink his PTSD was catastrophic and after sending them all hospita;ization records for PTSD, they still denied his posthumous claim for higher rating.

I went right over to the Bath VA to see his VA shrink and asked the shrink if he agreed with the SSA's award and he said of course I do -Rod was totally unemployable due to PTSD and then I said Dr. XXXX-would you put that in a letter to those idiots at the RO?

He said yes, did that immediately and, within 3-4 weeks my daughter called me at the fire department( I asked her to open any VA mail and call me if it was good)she called me and said the letter said they were sending a five figure check and his posthumous 100% SC PTSD VA award.

The VA was actually working on my response to their last denial anyhow- with lots of evidence -- but still it didnt hurt to ask Rod's shrink for that letter.When the rating decision came they listed all of my evidence (most they had ignored before) and the doctor's letter.

It could save you a lot of stress and even the IMO fee if your shrink would do this for you.

Hard to say if they will or wont.Easy to ask.

Edited by Berta

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.

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gees forgot -here it is

TDIU_form.pdf

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.

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Being 27 years old might explain why the VA had decided to pick your name out of the hat. I know they hate to pay young Vets a high rating. During a course of a lifetime, that can add up.

Regardless, please relax and wait till all the facts are in. You are still in the driver seat of this situation.

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Was the 100% PTSD extraschedular award?

Here is the TDIU form.

# 18 check yes if you get SSA and tell them if it is solely for your SC conditions,

If you dont get SSA check yes and then apply for it-

# 25 Remarks- tell them how the SC meds affect your ability to work- use good side effect printouts that come with the meds or on good medication web sites.

Tell them any thing else that shows you cannot work due to SC.

And try what I did- after the VA lied to my Senators and Congressman about my husbands SSA records (he was 100% PTSD SSA)and after I sent them copies of 6 shrink tests that showed in the word's of the shrink his PTSD was catastrophic and after sending them all hospita;ization records for PTSD, they still denied his posthumous claim for higher rating.

I went right over to the Bath VA to see his VA shrink and asked the shrink if he agreed with the SSA's award and he said of course I do -Rod was totally unemployable due to PTSD and then I said Dr. XXXX-would you put that in a letter to those idiots at the RO?

He said yes, did that immediately and, within 3-4 weeks my daughter called me at the fire department( I asked her to open any VA mail and call me if it was good)she called me and said the letter said they were sending a five figure check and his posthumous 100% SC PTSD VA award.

The VA was actually working on my response to their last denial anyhow- with lots of evidence -- but still it didnt hurt to ask Rod's shrink for that letter.When the rating decision came they listed all of my evidence (most they had ignored before) and the doctor's letter.

It could save you a lot of stress and even the IMO fee if your shrink would do this for you.

Hard to say if they will or wont.Easy to ask.

Thank you very much, Ms. Berta. You have been a great help.

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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Being 27 years old might explain why the VA had decided to pick your name out of the hat. I know they hate to pay young Vets a high rating. During a course of a lifetime, that can add up.

Regardless, please relax and wait till all the facts are in. You are still in the driver seat of this situation.

I had a sneaking suspision that my age may have something to do with it. I have had doctors tell me that the VA doesn't like to give $ to the young vets.

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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