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

[Pete53]

You might want to include a highlighted copy of the VA Docs opinion.

Good Luck

[SouthernBelle]

That is something I'll keep sending them until the read the whole thing, and acknowledge that as his doctor's opinion!

You might want to include a highlighted copy of the VA Docs opinion.

Good Luck

[broncovet]

Belle

Even tho I cant say as I blame you for being mad, there is a "silver lining" in all this. You got a decision from 2008, even tho it was bad, it was still a decision and you can now move on to appeal.

My case is worse, I cant even get a decision on an appeal from 2004. The Cleveland Regional Office

"misinterpreted my NOD as a claim for benefits" so, I am not even able to appeal UNLESS this interpretation is overturned. That is unlikely to happen, since the Regional Office decides how it interprets stuff. They are free to interpret anything in a manner that is consistent with their own agenda. It is like having the wolf stand guard over the hen house when we send NOD's to the Regional Office for "consideration". I wonder how many Veterans NOD's got shredded or misinterpreted, like mine.

[mobie16r]

SouthernBelle,I am sorry for your problems you thank you have with the the va,but you have to play by there rules and your husband psychiatrist didn't help very much,after you get 50% for ptsd everything changes, i don't want to offend anyone on this forum, for there help, and support because i know that everybody want to help you,but southernbelle read and comprehend everything that Rentalguy1 posted, because he is right on, with everything ,and hadit is about helping the veteran get what he/she deserved.

mobie

[mountain tyme]

rentalguy wrote: "My suggestion is to take the next 3 months and have as many MH appointments at the VA as is absolutely possible. Let them know about his suicidal ideations. Let them know about his spatial disorientation. Let them know that he is incapable of maintaining personal hygiene. Don't beat around the bush about it either. March in there and the two of you let the doc know that he has problems. Then, when you have these things in the records, file a new claim for increase."

rentalguy is right..I read your SSOC...and based on some of the statements his condition falls into the 50% for example it states in the SSOC "He stated you are a poor candidate for contiuation of college courses. He recommended that you be excused from current and future college work until your mental health concerns can be addressed. He noted your prognosis is poor BUT YOU COULD MAKE SIGNIFICANT GAINS with normalization of function depending on your response to medication and therapy"

Based on that statement alone it indicates that with proper medication and therapy that his condition will improve...I would say that is why the VA did not give an increase. What has to happen now is that you will need to get a IMO from a private psycologist indicating what his limitations are...for example due to his depression and aniexty he no longer participates in family gathering (something to that effect), he is servery limited in his ability to drive due to his confusion, due to his depression he no longer takes interest in his personal hygine...

The bottom line is this the VA will only increase an individuals percentage if his condition has deterioated to the point of the next level. The Va will need to have an IMO from a psycologist stating that due to his PTSD he is limited in the following areas...

You should bring the schedual of rating with you so the pyscolgist can read it and base his report based on the VA criteria for the level of disability that he falls under.

If you husband is having suicidal thoughts that needs to be brought up...but keep in mind not everyone who has PTSD has suicidal thoughts or tendencys...and they rate out at 70% PTSD is a disabling condition that does not only effect an individuals mental and emotional well being but also is very damaging physicalogy (sp) many individuals that have PTSD also have other secondary conditions that manifested due to PTSD...conditions such as IBS, hypertention, migrains, reflux, aches and pains everywhere the list goes on...due to the fact some individuals with PTSD will internalize they will have more visits to there doctor.

Keeping a daily diary of his behavior will also help...his mood swings...outburst...how he interacts with others...

once you can establish that even with medication and therapy that his condition has not improved then I would think he would be awared the higher evaluation...

just my thoughts

mt

[hollywoodnc]

S/B...

Sorry that I haven't responded till today, but I lost the connection, while retrieving info for you, and I had a lot on my plate.

I can understand your frustration (as many others have expressed here)and I can understand that you are 'Venting' at this particular time--that is good. You are receiving a good variety of valuable info, of all sorts. So, I hope that what I submit adds to your quest to seek justice with this defunct agency.

It is obvious that you are going to have to go down the long crooked DVA road. Go down this road with your head held high.

These J-O's are going to attempt to knock you off your feet everytime you get one of their Bullsh*t replies.

Don't get MAD...Get EVEN!

These SOB's are doing to you, what they've done to millions of others. As you already know, they want you to QUIT/GIVE UP/CALL IT A DAY!

Here's what I would like you to start doing...

#1)Read and LEARN what is being said in your denial statement(s). Make sure that their "i's" are dotted, and their "t's" are crossed.

Try and obtain outside opinions from SPECIALISTS, to contradict the VA QUACKS. I trust VA doctors as far as I can throw them.

Ask yourself this...

Why would a doctor work for the Gov't., if he/she could make significantly more outside (Private Practice)?

#2)Learn of your and your husbands' conditions, and don't settle for a drug cure all. I do not believe in pharmaceutical crap with all its' side effects. Learn alternative means to helping your husband, and discuss it in a dialogue (NOT Monologue) with your private physician. Don't go to your doctor as a "Deer in the Headlights" when he mentions treatments OR medications.

Case in Point...

In MY situation, I confronted many doctors with Fusion -vs- THR, from coast to coast, and how a hip fusion could have adverse effects on spinal conditions. Finally, one Professor agreed that I was not a candidate for a fusion, due to the preexisting Lumbar compression. He agreed with me that I was a candidate for a THR!

The gist of this, is that I studied my conditions and the cause and effect...then I studied the corrective procedures available, and determined how each procedure would effect the existing spinal condition. Arthroplasty OR a THR were the only alternatives for me.

My point here is, that the VA jackasses don't always know, OR they DO know, yet they are not willing to help the Veteran (as they claim), or budget is a factor.

Back to YOUR situation...

*There is a statement that was made in your Denial letter pointing to a "Change in his Medication..." or something to that effect. I would focus on this statement if I were you, and research to see if the VA is treating your husband as a "Guinea Pig"...eg: CHANTRIX being prescribed to Veterans even AFTER the FDA issued a warning that it could cause SUICIDE with Veterans diagnosed w/PTSD.

Do you know what I'm saying here???

If your husbands condition is showing signs of deterioration, and you can establish that his condition has worsened due to this drug, and research shows that this drug should not have been given, due to it's side effects, then he was clearly misdiagnosed and given a drug which harms more, than helps...!

I'm saying FTCA especially if his condition is irreversible due to this prescription.

This is a long shot, but worth looking in to.

I'm including this link for you to find a case they may have similarities to your husbands situation. It IS 350+ pages long, but worth the time. I don't know how often this is updated, so you may have to GOOGLE your husbands conditions, and medications taken, for new case law.

http://www.louisvillelaw.com/federal/ArmyP...ca_handbook.pdf

#3) LEARN Title 38 CFR, to use against these pricks! Don't assume for a moment, that your husbands conditions were interpreted correctly and that adjudicators applied appropriate law. Court cases have been REVERSED based on the misuse of a single word, phrase and/or meaning!

#4) Obtain as much medical documentation from an outside SPECIALIST as possible. If necessary dive into JAMA, Univ. of Maryland, and many other medical universities and written about your and your husbands condition(s). Again, you'll have to GOOGLE his condition(s).

Don't approach the VA with FOAM bullets in this matter, approach them with full metal jackets!

You've got a lot of work to do, but the payoff will make it worth it.

(hopefully, in the not so distant future, I will see you and your better half on a cruise ship, and we can swap DVA horror stories!)

I've been dealing with these scumbags for 30+ years!!!

#5) Research Case Law, that has key components where the courts decided in favor of the plaintiff. (it doesn't have to be VA related, but that would help). A start: www.findlaw.com

A message for all: GOOGLE: Veteran case Law, Veteran claims in Federal Courts or Supreme Court, SC ruling on Veteran issues, etc., to find case law to use in your claims/cases.

In roughly a month, the BVA will render a decision in my case. I anticipate that this claim is going to Federal Court, and if unresolved in the lower court, it's off to the US Supreme! I hope to amend law with this case. Amending new law, will assist the thousands of others with the same, or similar issues. Additionally, amending law, is the way to change the DVA!

#6) A best way to guarantee success, is using US Supreme Court rulings in your claim/case. As more Veterans are utilizing the Federal Courts, I will expect some (including me) to file a Writ of Certiorari. It wouldn't hurt to start looking at this. Chances are that you won't have to go this far, but don't ASSume that the DVA or Fed court will cooperate anytime soon.

#7) Don't put a 100% confidence on your SO to win your claim.

#8) Don't put a 100% confidence even on your attorney. When I have a case, I prepare using Case Law, AND US Supreme Court rulings PRIOR to obtaining an attorney. All these clowns are used for, is Legal Writing 101, and Litigation/Trial and of coarse, in case I was wrong and if they have something I might have missed. "Two heads are better than one" applies here.

OK...

I hope that this helps you and the many others preparing for War with these incompetent morons!!!

Take Care, and Fight the Good Fight!