I Hate The Va! I Hate Them I Hate Them I Hate Them

[SouthernBelle]

So, I'm so mad I can't see straight right now. They denied the increase again. I can't believe it, I really just can't understand how a DOCTOR'S OPINION, the DOCTOR WHO TREATS MY HUSBAND TREATS HIM! can be ignored for a lower rating. RATERS ARE NOT DOCTORS! DAMN, I'm pissed. I am sitting here shaking I'm so mad.

Edited December 15, 2008 by SouthernBelle

[SouthernBelle]

SeattleShay, his doctors are all for me being there, because I remember everything. He has "gross impairment" with memory and concentration. His doctors have asked that I come to his appointments because of his memory problems. He used to go on his own, but they accomplished nothing at those visits, so they asked that I come back.

[Ricky]

Belle: Don't get upset with me, but I agree with the rater's assessment at this time. Your husband's medical records that were taken into consideration indicate that he has more symptoms that fall into the 50% category than the 70% category. That is why 38 CFR 4.7 is not applicable. You need to search through his medical records more to find the words "suicidal ideation with intent or plan, illogical speech, inability to maintain personal hygiene, inability to establish and maintain relationships, and inability to function independantly." If he does not have these terms in his records, or it has not come out in a C&P, then you need to assess him for those symptoms and get them recorded by a professional. Of course, if he is not working, then he needs to apply for TDIU.

Sorry to be a bearer of bad news.

Belle this is from my Nov post on this subject and it goes along with what shane is trying to relay to you. Just slow down, take a breath and refocus your fight.

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

[SeattleShay]

Belle, I'm sure that they do want you at the appts, it makes it so much easier for them (the docs). This way they don't have to really deal with your husband and his real problems. They don't deal with him, they deal with what you are telling them.

Next appt go with your husband and do not say a word. MAKE them deal directly with him and his problem. MAKE them see just what you have been telling them all this time. Be there for him, but don't address the doc and see what happens..just take notes.

[MikeR]

Belle, I went from 30% to 50% just based on what the BVA saw as a mistake from the RO without me even asking. They remanded the other 2 issues, so in my mind it's a little better to be at the BVA level.

[Testvet]

Belle I know they say it is 2 years for BVA but my last appeal was denied at the RO in August, my lawyer asked for fast tracking due to my heart condition and we have a BVA hearing on Feb 4 2009 so six months, who knows how long for the decision after the hearing but after more than 6 years I can wait, all I have is time.

[Berta]

I couldnt read the VA decision too well- but I agree with Rentalguy-

This claim might well need an opinion from an independent Psychiatrist.

I know that is the last thing you need to hear -then again the only way my husband's disability went to 100% for PTSD was when the VA took into account 2 hospitalizations he had for PTSD, and then they actually read his extensive psychiatrict records.His VA shrink stated without a doubt his PTSD was catastrophic and precluded employment.

But it took-in all- 6 years for that award.

Even though he got SSA for PTSD the VA disregarded those records until his VA shrink pointed this out to them.His SSA was based solely on his VA records but the SSA considered them carefully-and had even obtained records from the first VA that diagnosed him- records that his C file at Buffalo never contained.

I would certainly appeal this but as others said-p[erhaps the BVA is the best route to go-

I am assuming maybe the NOD was filed on or after June 20, 2007? If so you could obtain an attorney.

I forget the answer to this question- does he get SSA for disability and what does he get it for?

Is there anything that the VA could have possibly overlooked in his records?