Need Advice Badly

[SeattleShay]

I am posting this for "Angry Soldier of One", who for some reason could not post. She really needs your advice and "know how".

Help! The VARO is trying to take away my compensation benefits on the sly.

In the last 18 months I have moved 5 times for my job/s. Nothing new for those who have served however, I have made sure to change my address with the VA each and every time immediately. I am well aware that the VARO has access to all my medical records to include my current address.

I’ll refer to each residence as R-1, R-2… and so on for clarity. On Friday, March 28, 2008. I happened to be in the area of R-1 when my former roommate at R-1 gave me a call and let me know that I had a letter from the VARO that had just come in the mail. I thought it was strange because I hadn’t lived there in over a year but I stopped by for a visit anyway thinking that it was just an appointment notification that accidentally got sent off to the wrong address. SURPRISE! I opened the letter that dated March 25, 2008 and read the following word for word…

VA is required to periodically re-evaluate certain disabilities. We have requested a physical examination of your service connected disability (ies) so that we may review the severity of the condition(s) to ensure that you are properly evaluated.

In a short period of time, the VA medical facility that will conduct the examination will notify you as to its time and place and any special preparations for the exam. You may have already received the scheduling letter.

If you do not report to this required examination, it could result in the reduction or discontinuance of any VA compensation benefits that you may be receiving.

If you’re mailing address is different than that shown above, please advise us of your new mailing address. You should notify us immediately of any change in your mailing address.

IF YOUR RESIDE IN THE CONTINENTAL UNITED STATES, ALASKA, HAWAII OR PUERTO RICO, YOU MAY CONTACT VA WITH QUESTIONS AND RECEIVE FREE HELP BY CALLING OUR TOLL-FREE NUMBER 1-800-827-1000 (FOR HEARING IMPARED TDD 1-800-829-4833).

T. CLARK

VETERANS SERVICE CENTER MANAGER

VA FORM 20-8992

JAN 1990

I had a major panic attack because I hadn’t received anything in the mail regarding any appointments and seeing how they made a point to send this damned letter to the wrong address in the first place so I had to go on a mission to chase down the other letter/s at the other addresses. It was a good thing I did because QTC the evaluating medical company had appointments set for me for April 7th and April 11th. This was way too soon and I would have missed them so I re-scheduled them for later this month to buy myself some time. I feel totally comfortable in saying that the VARO is trying to take away my benefits no matter what. The way they are handling this supposed re-evaluation speaks volumes about their true intentions. This doesn’t help my depression at all.

If I didn’t stop by to visit my roommate eventually I would have gone to my bank account to find out that I am broke and end up losing my crappy car, my job (no transportation), and my apartment all in one shot.

The Facts:

I am currently at 80% total disability rating. 50% of that is for depression. 20% is for acne, 10% migraines.

I have a NOD out for head and neck injuries. I was an airborne soldier and I have the medical records to back it all up.

My feet are really bad. The VA actually performed surgery on both feet in 2006. I haven’t been able to get much needed physical therapy because the VA is so backed up that I could only get in once a month. Not enough!

My other claims include my knees, elbow, wrist, sinusitis, hips, and a broken finger. Again, I have documentation for everything during my time in service and now. There is also the common sense stuff such as not approving me for upper back and a neck pain which is often contributory to my migraines. They always flare up either at the same time or following each other. I focused my NOD around the simple fact that I can’t get a proper diagnoses and/or rating because they keep having me see a general practitioner for these conditions and /or ratings. With this re-evaluation again they are having me see a general practitioner. I still have the same conditions I reported originally but the way the VA does things it seems as though they are going to put down whatever they want not actual fact.

Also, in December I got a job with a shipping company. Even with my rating I was barely making it. I had to bite the bullet and take this job as painful on my injuries as it has been. The benefits with this job are that for one thing I don’t have to talk to anybody. I go in I work I go home medicate and soak in the tub. It hurts my body but it agrees with my depression. The medical benefits are great and I can finally get the physical therapy that the VA has neglected. In a while I’ll be able to apply for part-time supervisor which will eliminate most of the physical trauma but I’m not sure I’m up for it when it comes to the personal interaction. I can’t stay in this job if I don’t move up because my body really can’t take it over the course of time.

My Questions:

What can I do to get these fuckers off my back?

Although I will anyway, can I legally sound record my medical exams?

How do I get out of the exams all together?

Are they allowed to re-evaluate me when they haven’t properly evaluated me on everything else?

What the hell is going on and what can I do about it?

I’d really appreciate any advice I could get from any of you. Thank you for taking the time to read this. I hope to hear from you soon.

Angry Soldier

[rentalguy1]

First and foremost: get thee to the VAMC and get your health in check. If you are not healthy, all the ratings in the world won't do you any good. This will also help out your claims by showing that you are receiving treatment regularly. This goes double for the MH rating. MH is such a subjective area, that not receiving regular treatment can lead to a loss of benefits.

My Questions:

What can I do to get these fuckers off my back?

You can go to the exams. You can show continuity of treatment. You can take some time and gather every medical record from every doctor you have ever had. You can also attempt to get statements from all of your ex-employers stating what a horrible employee you were (this shows depression...I'm not being a jerk).

Although I will anyway, can I legally sound record my medical exams?

No...you cannot legally record an exam. If you do it, it would be a violation of the law, and could possibly cost you your current benefits. Take someone in the room with you, even if it's a stranger from the lobby...anybody. The doctors will balk at this, but you have every right to do so. Don' let them pressure you out of it. Be respectful, yet firm in your position.

Take the exam worksheet in to the room with you and hold out in the open as the exam is being done. It let's the examiner know that you aren't going to take any crap. Another thing you can do is pick up a copy of the exam from the VAMC a week or so after the C&P. If there is something in it you disagree with, notify the VARO on a VA Form 21-4138. Just don't be anything other than polite and courteous to the examiner. You never know...you might be lucky and get a doc that actually cares and writes a good report.

How do I get out of the exams all together?

You don't.

Are they allowed to re-evaluate me when they haven't properly evaluated me on everything else?

Absolutely. Even if you are P&T. I don't know enough about your claim to know whether or not anything wasn't properly evaluated. I would be glad to look at it, but you might not like what I have to say. Then again, I might see that the person who rated your claims was obviously Helen Keller. I'm not sure what you think they have improperly evaluated you on, but a specialist doesn't have to perform the C&P. It doesn't even have to be a doctor. PA's an FNP's do C&P exams every day, and they are sufficient for rating purposes.

What the hell is going on and what can I do about it?

What is going on is that the VA is doing it's job by re-examing a veteran receiving compensation for disabilities that could have improved. When they reviewed your C-file, they didn't see any recent visits to the VA and that was interpreted as this vet may be better, we need to check. If they never rechecked anybody, congress and the American taxpayers would be up in arms about wasted tax dollars and fraud. Don't take it personal. Just get on top of your claims, and you will win.

[donews]

Amen Rental!

Rental is on the money with this one. Follow his advice and you should be good to go.

[Ricky]

Great post rental. Shay I highly recommend that you tell your friend to heed rental's advice.

I would just like to point out a couple of things here that does not make sense:

- you posted for your friend: In the last 18 months I have moved 5 times for my job/s

followed by I had a letter from the VARO that had just come in the mail. I thought it was strange because I hadn’t lived there in over a year - Wow, four moves one per month followed by one lasting a year. Thats pretty incredible. Not impossible, but still pretty incredible.

- seeing how they made a point to send this damned letter to the wrong address in the first place so I had to go on a mission to chase down the other letter/s at the other addresses. Followed by: The way they are handling this supposed re-evaluation speaks volumes about their true intentions. Hmmmmmmm....... I would say that they are pretty quick on this one. If they mailed letters to the other four places then they seem to have made the address changes pretty dang quick for they made one per month. I would also, based upon the post, have to ask to whom were the adderess changes made to? If you change your address with the VARO they DO NOT notify the VAMC. If you notify the VAMC they DO NOT NOTIFY the VARO.

Bottom line is that the original provider of the information MUST do as rental has provided or the WILL lose their benefits and they have no one to blame but themselves. Now in a case where someone has been living in a place for several years and the notice is sent to a previous then I would say there is need for and a reason for complaint. But in this case, it appears the VA has meet its duty to the veteran. Sorry to be so skeptical. The VA is a cluster up one-legged horse type of operation, but even so they still do do some things right.

Edited April 10, 2008 by Ricky

[SeattleShay]

Ricky, Rental and all of you

Great advice..thanks to you and everyone elso so far.

Here in SEA, at least, if you change your address with the VAMC, it actually shows up in the computer at the VARO.

When I changed my address 3 years ago, I first changed at the VAMC because of my 'script refills, then called the VARO who read me back my new address...because that particular screen shows at both offices. According to a stupidvisor at VARO, change one change them all.

Who the heck knows anymore.......

I do know that Dee, my friend and ex-roomate here,had not received any VARO or VAMC mail at this address for over a year and actually had received VA mail ather Bremerton address, last one before here.

My mind reels at the fact that the VARO sent the one letter here, but gave QTC the Bremerton address to send appointment info to.

I'm convinced that this is due to the NOD that she (I helped) file. The basis of the NOD was she (any female in the SEA VARO) is not allowed to see a specialist for a claim physical.... We are forced to see a GP (no matter what the claim is), while male vets get specialists. More than basic medical discrimination, and male claims are rated much high in this VARO......well, right now no one is getting much. B)

I will probably go with her..always good to have a RN and an angry vet as your back-up.

Thanks again everyone, I told her she could trust your advice..

[carlie]

Help! The VARO is trying to take away my compensation benefits on the sly.

I understand how you feel, but this is probably not truly the case.

Q) The comp. benefits you recieve were granted effective date_______________?

VA is required to periodically re-evaluate certain disabilities. We have requested a physical examination of your service connected disability (ies) so that we may review the severity of the condition(s) to ensure that you are properly evaluated.

This is allowed at any time.

If you do not report to this required examination, it could result in the reduction or discontinuance of any VA compensation benefits that you may be receiving.

This is true.

If you're mailing address is different than that shown above, please advise us of your new mailing address. You should notify us immediately of any change in your mailing address.

This is always a must and I get a date stamped copy of my Notification to VA.

I feel totally comfortable in saying that the VARO is trying to take away my benefits no matter what. The way they are handling this supposed re-evaluation speaks volumes about their true intentions.

Does VA have any medical documentation or evidence showing an improvement in any of your SC'd disabilities ?

The Facts:

I am currently at 80% total disability rating. 50% of that is for depression. 20% is for acne, 10% migraines.

What Diagnostic Codes were these Disabilities Rated Under?

I have a NOD out for head and neck injuries.

This could also be a valid reason for an examination.

I was an airborne soldier and I have the medical records to back it all up.

Medical Records are not a requirement to support being Airborne.

My feet are really bad. The VA actually performed surgery on both feet in 2006.

Have you ever requested SC for your feet or filed an 1151 claim for a bad surgery?

I haven't been able to get much needed physical therapy because the VA is so backed up that I could only get in once a month. Not enough!

Have you asked your PCP to request services for this under fee basis ?

My other claims include my knees, elbow, wrist, sinusitis, hips, and a broken finger. Again, I have documentation for everything during my time in service and now.

What stage are these claims in ? Do you have current Medical Diagnosis of the Disabilities and a Nexus to AD ?

There is also the common sense stuff such as not approving me for upper back and a neck pain which is often contributory to my migraines.

When and Why were you denied ?

I focused my NOD around the simple fact that I can't get a proper diagnoses and/or rating because they keep having me see a general practitioner for these conditions and /or ratings. With this re-evaluation again they are having me see a general practitioner.

Only certain disabilities require examination by a specialist.

What disabilities do you feel need to be examined by a specialist and you feel the area of expertise should be, ___________________________?

Have you ever asked the VARO if this can be done ?

I still have the same conditions I reported originally but the way the VA does things it seems as though they are going to put down whatever they want not actual fact.

Do you have Medical Evidence that VA has not acknowledged in a prior Rating Decision ?

Also, in December I got a job with a shipping company. Even with my rating I was barely making it. Is there a way for you to cut down on your expenses so as to live more within your means ?

My Questions:

What can I do to get these fuckers off my back?

Comply with their request.

Although I will anyway, can I legally sound record my medical exams?

Bad idea, not legal.

How do I get out of the exams all together?

Just contact VA and tell them you no longer care to receive disability compensation and/or VA benefits.

Are they allowed to re-evaluate me when they haven't properly evaluated me on everything else?

VA can request any claimant to attend an examination at any time.

Why do you feel you have not been properly evaluated on everything else ?

What VA Rules and Regs. have not been applied properly?

What the hell is going on and what can I do about it?

VA has requested you attend an examination, either attend or don't.

VA has made you aware of what may happen if your choice is

to not show up.

I'd really appreciate any advice I could get from any of you. Thank you for taking the time to read this. I hope to hear from you soon.

I truly do hope you appreciate the time and effort I have provided in attempting to answer all of your questions - I am also a disabled veteran.

I actually only replied to this post because it was made by Shay and she is OK in my book.

Being angry is OK, most of us often are.

I will strongly suggest that you get your anger under better control when dealing with anything that could be beneficial to you, keep ontop of things

a bit more - it's your benefits and your job.

Always remember, CREDIBLE and PROBATIVE EVIDENCE, is what gets claims granted and keeps your SC percentages up.

My reply to this thread is not to be pro-va, it's just reality.

Hope this helps a vet.

carlie