ptsd They Reduced Me Anyways!

[souldeliverer]

After my hard work in compiling evidence, the VA reduced my PTSD from 100% to 70%. If that wasn't enough, they also proposed to reduce my migraines from 30% to 10%!!! What is really going on at my RO? What should I do from here on out? Could this be age discrimination? Have I unwittingly made an enemy within the RO?

I am faxing and mailing my TDIU form tomorrow, and submitting a hearing request for the migraine reduction. Also, they are leaving my back comp at 10%, which I believe should be at least 30% for all the dang narcotics they have me on.

Can I submit an NOD for the PTSD reduction while simultaneously filing for TDIU???

Please look up my other posts for background info, or I can look them up if need be. I really need help with this one. I am getting jacked.

Please see: Had My Hearing For Ptsd Proposal To Reduce

Thank you all.

Edited June 13, 2008 by souldeliverer

[tssnave]

Soul,

You are in a good posture, so long as it's warranted, to get awarded P&T after your May C&P exam. Keep going to treatment, be forthcoming about how things are and yes, get an IMO closer to May.

My suggestion, based on my experience, is for you to start looking for your IMO shrink now. I called many shrinks in my area and over half a dozen of them were not interested in just doing an IMO. Most of them were also not willing to treat a bipolar patient, preferring instead to do marriage counseling (help me w/ my bipolar and I won't have so many marriage problems!!). Apparently bipolar patients are considered difficult to treat and since we have a high rate of killing ourselves we're a high malpractice liability.

I finally got a referral to an older shrink who works with SS claims. He was willing to read the VA regs and write an accurate IMO tailored to what the VA was looking for. That's the good part. The bad part is I thought it would take a couple of weeks and it took nearly 4 months. Part of that was because of reviews and finding time that we could all meet (I took my spouse to most sessions).

Your goal would be to get an IMO completed shortly before the C&P exam so the examiner would have it to review and it would be a part of your claim for P&T.

The IMO is not cheap ($2,500 in my case) but it was well worth it to me. If you can afford it, and I understand folks have gotten them for quite a bit less, I think it is a good investment in your claim. Plus, an outside shrink with no ties to the VA has no incentive to do anything but tell the truth. Now, I'm not knocking VA shrinks, my C&P examiner did a fine job, but I have just been on this board too long and read too much not to realize that sometimes examiners do not do the best job and at least with an IMO you get to read it before you get rated on it.

Congrats on the 100% TDIU. I am glad that it worked out that way for you. Again, I thought you did an excellent job in your writing and use of the VBM, I just think they ignored it because you aren't a shrink (hence, get an IMO).

Thanks,

TS Snave

[deltaj]

If Social Security Disability has been awarded to you for the condition that you have been service connected for you need to immediately go down to the Social Security Administration and request that Social Security send copies of your medical records to V.A. in support of your claim for total disability and unemployability. Awhile back I read a court of veterans appeals case where a veteran had failed to submit copies of his Social Security medical records to V.A. The court actually stated that V.A. had a duty to assist in obtaining the Social Security records but that breech of a duty to assist did not encompass clear and unmistakable error. The court seemed to scold the veteran in the decision for failing to submit his Social Security medical records and refused to grant him an earlier effective date of his increased rating. I'm trying to remember the regulation but I think in 38 CFR 3.400 there's a subsection that pertains to new and material evidence submitted during an appeal period. My husband had Social Security submit his Social Security medical records during an appeal period and he won his appeal. I'm certain this advice to you is solid. Don't wait to do this. Sending a copy of your Social Security award letter triggers a duty to assist by V.A. but if V.A. doesn't request the Social Security medical records from Social Security they can cheat you out of 100%. Don't let them do this to you.

You mentioned that you were told you did not have enough wage credits to get Social Security Disability. When you applied for Social Security did you submit copies of your DD214, military discharge to Social Security. I mention this because Social Security gives military wage credits to servicemembers in certain years because of a law passed by Congress requiring they do this. Please visit your Social Security office and get more information on this and whether it was done before Social Security made a determination that you did not have enough wage credits to qualify for Social Security disability.

[deltaj]

If Social Security Disability has been awarded to you for the condition that you have been service connected for you need to immediately go down to the Social Security Administration and request that Social Security send copies of your medical records to V.A. in support of your claim for total disability and unemployability. Awhile back I read a court of veterans appeals case where a veteran had failed to submit copies of his Social Security medical records to V.A. The court actually stated that V.A. had a duty to assist in obtaining the Social Security records but that breech of a duty to assist did not encompass clear and unmistakable error. The court seemed to scold the veteran in the decision for failing to submit his Social Security medical records and refused to grant him an earlier effective date of his increased rating. I'm trying to remember the regulation but I think in 38 CFR 3.400 there's a subsection that pertains to new and material evidence submitted during an appeal period. My husband had Social Security submit his Social Security medical records during an appeal period and he won his appeal. I'm certain this advice to you is solid. Don't wait to do this. Sending a copy of your Social Security award letter triggers a duty to assist by V.A. but if V.A. doesn't request the Social Security medical records from Social Security they can cheat you out of 100%. Don't let them do this to you.

You mentioned that you were told you did not have enough wage credits to get Social Security Disability. When you applied for Social Security did you submit copies of your DD214, military discharge to Social Security? I mention this because Social Security gives military wage credits to servicemembers in certain years because of a law passed by Congress requiring they do this. Please visit your Social Security office and get more information on this and whether it was done before Social Security made a determination that you did not have enough wage credits to qualify for Social Security disability.

Edited October 20, 2009 by deltaj

[Wings]

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BUMP.

Saw another vet this week with questions about "reduction".

This was an amazing thread of Hadit teamwork!!! ~Wings

[Jazona]

The beauty in the hearts and minds of the elder members of this board outshines even the sunniest day!

jaz