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Ssoc-got It Today


SouthernBelle
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  • HadIt.com Elder

Got the SSOC today, apparently, the VA psych doctor who treats my husband saying he is at 70-100% isn't ENOUGH evidence to grant 70-100%. They denied again. What should I do now? They even read the NOD and said that the appointment that was on a Saturday happened because even though it was "input" on Saturday, the appointment happened. We have no record of it. Clearly, they (think) they do. Anyways, what should we do now?

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SouthernBelle, the way the RO is treating you and your husband really buries the needle on my stupid crap-o-meter.

They seen incoherent. It appears they dont understand or they are doing this on purpose.

Can you give me some pertinent information about your husband.

When was he discharged from the military and did he get out on a medical?

Now for the claim: it is imparative at this time you answer the ssoc within 60 days.

You have the option of selecting a DRO review or a traditional appeal.

Go ahead and select the DRO and also fill out the form 9.

Write another statement that reiterates your displeasure with the process as the RO did not take the Medical opinion into consideration.

Show them the regs, your husbands current condition and where that condition is among the rating schedule.

Ask them to produce the docs opinion and if they shredded it.

Then apply the docs opinion to the rating scheule. Tell them you will accept the schedular requirements for his condition and no less and you are prepared to go to the CAVC of necessary. Send a copy of the same thing to your congressman and say that in light of the VA shredding scandal you are asking him to get personally involved.

I am sorry this has to happen but it does seem to be SOP VA.

J

Edited by jbasser
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  • HadIt.com Elder

J: He was discharged in December of 1993, medically, for PTSD specifically. The SSOC says they have the letter from the doctor, but apparently, they don't agree, because, you know, they are smarter than the treating psychiatrist. :( They know the regs we used, they know the regs the doctor used. THEIR OWN REGS! I outlined it for them, clear as day. They still denied.

I'm going to scan in the Supplemental SOC. I'm doing that right now.

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  • HadIt.com Elder

Here's the SSOC: (I'm sorry I'm not great at scanning yet!)

The first paragraph of page two disappeared, here it is:

"In your statement, you contend the letter dated April 30, 2008 did not provide a VCAA notice, and the letter dated June 24, 2008 did not include a section regarding the "information which could be used to support the claim." A review of both these letters shows they are compliant with the Veteran's Assistance Act and all notification requirements."

The last few lines of that same page are missing too. They are:

"...anxiety symptoms have become worse recently. It was noted you continue to report feelings of being unworthy of having healthy relationships. Dr. Buffo indicated your insight and judgment..."

AND Page three starts like this:

"... are impaired, and you are unable to adequately function in a college environment. The statement showed your grades were poor, you need tutoring help and special allocations to maintain enrollment in classes, and you had to drop several classes due to amount of time missed and inability to maintain adequate school work. Dr. Buffo indicated you have severe impairment in..."

I hope you can follow this post. I'm sorry I'm still not great at scanning yet.

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post-4011-1225603313_thumb.jpg

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Belle, looks like you are going to have to go to the BVA.

Not knocking your evidence this is just a couple of things to think about:

-First don't get wrapped upon on this thing about the doc saying 70-100. He can say that but it has NO bearing on the level of disability assigned. A better statement would have been "veteran is totally disabled due to his SC condition."

-As I read the summary of the doc statement there were simply to many "you saids", "you reported"..........These are history statements provided by the veteran and have no place in the medical opinion. In other words instead of saying you reported that you have difficulties maintaing family relationships...... the doc should have said veteran currently has difficulity establishing and maintaing family relationships....... etc....... I hope this makes since. I understand that mental issues rely a lot on the history of the veteran, the opinion just can not be written that way for if it is the rater will not place much weight on it.

-There were references to treatment which included the words "normal" "mildly" "calm" "speech within normal limits" "No suicidal idelology" etc... way too much......

- 70 percent and up will not happen without: Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood,

DUE TO SUCH SYMPTOMS AS: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively;

impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships.

I know that your husband is sick and you have worked yourself to death on his claim. Slow down, breathe and re-attack. You are going to have to have an IMO which provides:

He can't work or go to school due to his continued inability to control his desires to sit or stand facing windows (rituals which interfere with routine activities;) He is unable to communicate with his peers due to his intermittent and illogical speech patterns (speech intermittently illogical, obscure, or irrelevant;). He suffers from continuous panic attacks that do not allow him to travel outside the home alone. (near-continuous panic or depression affecting the ability to function independently. He has periods of unprovoked anger inwhich all he wants to do is fight or hurt someone (impaired impulse control such as unprovoked irritability with periods of violence); etc.............

I hope I do not make you mad but just sit back and re-read the SOC and then look at the requirements for 70+. Although the evidence sited in the SOC sometimes tends to hit the requirements other parts of it negate it and give the rater the leadway he needs to continue the 50 percent rating.

Ricky

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  • HadIt.com Elder

[send a copy of the same thing to your congressman and say that in light of the VA shredding scandal you are asking him to get personally involved.]

Im so sorry to hear your getting the treatment Southern Bell.

I just want you to understand if you bring a congressman or lady into it, it's likely to delay your claim a couple years & it's highly unlikely to bring you any results but a, "we will look into it" responce.

Some have recieved help this way, but far and few.

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[send a copy of the same thing to your congressman and say that in light of the VA shredding scandal you are asking him to get personally involved.]

Im so sorry to hear your getting the treatment Southern Bell.

I just want you to understand if you bring a congressman or lady into it, it's likely to delay your claim a couple years & it's highly unlikely to bring you any results but a, "we will look into it" responce.

Some have recieved help this way, but far and few.

Belle since your congressman has been involved and has called you to keep you informed on your claim issues I would continue to keep him involved.

I see what the Ro is trying to do.

Ricky is correct. You need to get this thing to the BVA where it can be decided.

It is most likely going to take a couple of years anyhway.

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