ptsd Hearing In A Few Short Weeks!

[souldeliverer]

I have another C&P this Saturday morning, for I am not sure what. I filed my NOD last week(against PTSD reduction to 70%), and asked for a DRO review. They called me and told me the DRO said to wait and see till after my hearing. Does this mean the DRO never looked at my case? I requested an SOC. Do they send this after the DRO review, or after the hearing?

I also requested a copy of my c-file when I turned in my NOD. I was told that my c-file was at the hospital, and it would take a couple months to get a copy of it. I told her it would make more sense if I could get it before my hearing, and she said I cannot.

I still have not heard back from the DAV at the VARO. I guess I am on my own on this one. I am calling their national headquarters tomorrow and threatening to call the local news, which also aires at Ft Campbell, and saying what a lousy organization they are.

I am asking for advise on how to prepare for my hearing. What to bring. What to expect is my main concern. How many people will I be in front of. Do they grill me? Will they grill my witnesses? Should I type up letters to give them, or present a speech? I am very nervous, and stressed out. Not eating or sleeping, pissed off all the time.

Thank you for your help.

Edited April 8, 2008 by souldeliverer

[rentalguy1]

I would really appreciate any help at this point. How can I send you the proposal? I have been 100% since April of 2006. I did have a C&P for PTSD in November, I think. They quoted one thing from the C&P exam, where the doctor checked, "no," to the question of whether or not I was totally occupationally impaired. They also used a note where I was given a GAF of 55, and was said to have made good eye contact. It is my understanding that they cannot determine I am well because I am not under the stressors of normal life, ie-work. What are your thoughts on that?

Thanks

That's the bad part about mental health issues, they generally don't take a break even though you have given them one (from work, that is). If you can post the answers to carlie's questions, and follow her advice as far as posting the proposal letter, it would be helpful. You may have to get a IMO for this one, but I'm not sure at this point. The one good thing, is that you are dealing with the Nashville RO, and the quality assurance team for the entire VBA is there, so the raters have to be on top of things. It could be worse. You could be dealing with Indy or St. Pete.

Should they happen to reduce you anyway, don't forget that you can apply for TDIU. I feel like you could have this award in a few short months, and it could possible be give "permenantly." This could turn out to be nothing more than a bump in the road.

[carlie]

Rental,

St. Pete -------------------HA HA HA HA HA HA HA

B) :D -_- :P B) :D

carlie

Edited April 9, 2008 by carlie

[Berta]

Vets here have been to hearings- they are not something to get all stressed out over-not at all

I always advise vets to be well prepared and certainly bring either your POA rep (this is why I advise to get reps who offices in or near the RO buildings)or anyone else for moral support- and better yet- a spouse or significant other can give lay testimony too-

and get your ducks in a row.COpies of important stuff in manila folders etc-

The VA clearly stated in writing why they are proposing the reduction.

The rebuttal to this VA statement is the main evidence you will need to have with you- evidence that they are wrong.That is your main focus-

This could be a statement from your private doctor,or from an IMO doctor who follows the criteria for a complete IMO and will give the VA a full medical rationale as to why your rating should remain the same.

The VA can only reduce a rating for two reasons-

documented medical proof of sustained improvement or suspicion of fraud-

this isnt any fraud situation-of course-

"still have not heard back from the DAV at the VARO. I guess I am on my own on this one. I am calling their national headquarters tomorrow and threatening to call the local news"

If you dont get any response from the DAV as to help with this hearing or at least to be there in your behalf-

write to them or leave a message that you need their help and support for this hearing -otherwise you will file a complaint with the Office of General COunsel under 38 USC 14.633.

I helped a vet prepare a NOD on a proposed reduction- and almost considered flying from NY to be at his his hearing-in Fla some time ago---it was that upsetting to me what they did to him-due to my volunteer work in a specific veterans group that he is a member of.

BUT-he did a lot of leg work himself and checked it all with me and put it all into the NOD.(much different case then yours -)

When the VA got his NOD - a few weeks later they called him and said they had dropped the proposed reduction and cancelled the hearing.

His NOD had done the trick.

He actually had gotten a letter from an English Professor as evidence-regarding the interpretation of the regs they quoted and he did a superb job.

If your NOD was strong and you have any medical evidence at all to show them they were wrong- I say be prepared to go to the hearing- but there is always possibility they will drop the whole idea-if you could have sent them strong medical evidence to combat their idea with the NOD.

They pulled this on my husband too-

I prepared a NOD that was based on pure logic and common sense and also used the reduction regs and their own statements against them.

In those days the VA could interpet common sense and logic.

They dropped their idea to reduce his comp when they got the NOD.

VA Hearings are nothing like a real Court hearing.

These hearing officers are usually veterans themselves-- probably disabled and probably overworked as it is.

A local vet friend of mine went to a hearing and he said they were extremely nice to him.

He did not understand why they reduced his SMC. I tried over and over again to explain why to him-the VA was correct.

Still he demanded a hearing and somehow-by listening to the hearing officer he was able to understand why they took away his SMC (at that time-he did get it restored years later)

He felt better after the hearing although the SMC was still gone-

and he said the HO told him they appreciate and respect that any vet would even want to have a hearing as this is a face to face excellent opportunity for both the VA and the vet to get to the crux of the matter.

It shouldnt be a time for apprehension -this hearing-

spend your energy getting medical evidence that shows they are wrong.Once you whip that out at the hearing they will probably say the hearing is over and they will be in touch with you.

You have a lot riding on their decision-please consider getting an Independent medical opinion if you can-

even if it is costly it could make the difference in the proposed reduction- and this way it is an investment -and if you are nor TDIU yet- this IMO can potentially help you get that too.

Edited April 9, 2008 by Berta

[souldeliverer]

Vets here have been to hearings- they are not something to get all stressed out over-not at all

I always advise vets to be well prepared and certainly bring either your POA rep (this is why I advise to get reps who offices in or near the RO buildings)or anyone else for moral support- and better yet- a spouse or significant other can give lay testimony too-

and get your ducks in a row.COpies of important stuff in manila folders etc-

The VA clearly stated in writing why they are proposing the reduction.

The rebuttal to this VA statement is the main evidence you will need to have with you- evidence that they are wrong.That is your main focus-

This could be a statement from your private doctor,or from an IMO doctor who follows the criteria for a complete IMO and will give the VA a full medical rationale as to why your rating should remain the same.

The VA can only reduce a rating for two reasons-

documented medical proof of sustained improvement or suspicion of fraud-

this isnt any fraud situation-of course-

"still have not heard back from the DAV at the VARO. I guess I am on my own on this one. I am calling their national headquarters tomorrow and threatening to call the local news"

If you dont get any response from the DAV as to help with this hearing or at least to be there in your behalf-

write to them or leave a message that you need their help and support for this hearing -otherwise you will file a complaint with the Office of General COunsel under 38 USC 14.633.

I helped a vet prepare a NOD on a proposed reduction- and almost considered flying from NY to be at his his hearing-in Fla some time ago---it was that upsetting to me what they did to him-due to my volunteer work in a specific veterans group that he is a member of.

BUT-he did a lot of leg work himself and checked it all with me and put it all into the NOD.(much different case then yours -)

When the VA got his NOD - a few weeks later they called him and said they had dropped the proposed reduction and cancelled the hearing.

His NOD had done the trick.

He actually had gotten a letter from an English Professor as evidence-regarding the interpretation of the regs they quoted and he did a superb job.

If your NOD was strong and you have any medical evidence at all to show them they were wrong- I say be prepared to go to the hearing- but there is always possibility they will drop the whole idea-if you could have sent them strong medical evidence to combat their idea with the NOD.

They pulled this on my husband too-

I prepared a NOD that was based on pure logic and common sense and also used the reduction regs and their own statements against them.

In those days the VA could interpet common sense and logic.

They dropped their idea to reduce his comp when they got the NOD.

VA Hearings are nothing like a real Court hearing.

These hearing officers are usually veterans themselves-- probably disabled and probably overworked as it is.

A local vet friend of mine went to a hearing and he said they were extremely nice to him.

He did not understand why they reduced his SMC. I tried over and over again to explain why to him-the VA was correct.

Still he demanded a hearing and somehow-by listening to the hearing officer he was able to understand why they took away his SMC (at that time-he did get it restored years later)

He felt better after the hearing although the SMC was still gone-

and he said the HO told him they appreciate and respect that any vet would even want to have a hearing as this is a face to face excellent opportunity for both the VA and the vet to get to the crux of the matter.

It shouldnt be a time for apprehension -this hearing-

spend your energy getting medical evidence that shows they are wrong.Once you whip that out at the hearing they will probably say the hearing is over and they will be in touch with you.

You have a lot riding on their decision-please consider getting an Independent medical opinion if you can-

even if it is costly it could make the difference in the proposed reduction- and this way it is an investment -and if you are nor TDIU yet- this IMO can potentially help you get that too.

Ms Berta,

Thank you so much for this information. It is very comforting to have at least some idea of what the heck is going on here. Do you know how much they usually harass the witness, ie. spouse? My wife said she would not feel comfortable giving testamony if they would grill her because there is so much riding on this, she is affraid they will try to trap her into saying something wrong. I guess this whole thing has made her a bit anxious too.

Thanks again.

[donews]

Soul,

Tell your wife to relax, she just needs to tell the truth and explain things as they are.

This is not like a Perry Mason trial or anything if thats what your asking.

Like Berta said just get your ducks in a row and you should be ok.

Good luck!

[souldeliverer]

Soul,

Tell your wife to relax, she just needs to tell the truth and explain things as they are.

This is not like a Perry Mason trial or anything if thats what your asking.

Like Berta said just get your ducks in a row and you should be ok.

Good luck!

Thank you, sir. I'll do my best.