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

[Berta]

The SSA -if it is awarded solely for ASC cndition-will help him get TDIU-

I sure agree with the excellent advise posted here- an Independent medical opinion would be the best bet-then again the SSA will give him techncally -an IMO evaluation and perhaps there would be no need for you to go to this expense.

Going over a SOC line by line is the best course of action too.

A lawyer on the old Prodigy Vets BBS always said -if you do not disagree with anything in a SOC, the VA assumes you accept it.

I always made sure I disagreed with a full argument on anything in SOCs or SSOCS that was incorrect.

My IMO doc even stated to the VA that a SSOC I got was "medically inaccurate" and he then expounded on statements the VA doc made that were wrong as well as I myself raised significant argument on the rest of the VA doctor's opinion-reminding VA I had been competent enough-as lay person in late 1990s to prove malpractice.

You must give them all you got in any rebuttals to their decision.

Question- how the heck did the VA address the major hospitalization that your husband had and consider that as evidence that is problems were far greater then they rated him on?

[SouthernBelle]

Berta, your guess is as good as mine! I've asked that the VARO CUE itself on that particular matter. I appreciate all the help you've given. I think I need to take a few days, and think about some stuff. Monday, he went to the VA clinic and his pdoc happened to see him sitting there. (he wasn't scheduled to see him that day) and the pdoc said, "Man, you look horrible, we need to talk!" He at least paid attention to the fact that he looked pretty horrible, and said he would at the very least call my husband today. They talk on the phone often, so that helps. As far as the medications: He's been on 5, yes, FIVE medication trials in the last two months, alone. They can't find the right stuff for him, and we're about out of medications to try! They've even tried meds that aren't specifically for PTSD symptoms, but things like abilify, for bipolar disorder. (We agreed to try just about anything, so we're not mad that it wasn't for the PTSD, he just wants to feel OKAY, and if something has a snowball's chance of helping, he'll try it) Anyways, I'm going to take a few days, and think about some things. I put a call into the director's office on Monday, they called back yesterday, and I explained (suprisingly kindly) about the fact that they didn't use evidence, that they've continued to deny even though the doc says this, (I pointed out that no, it isn't in "VA language" but it was very clear in the opinion) I pointed out the the VA trusts this doctor to treat, diagnose, and dispense medications to Veterans, but they don't trust his opninion about the capabilities of one of his patients (he was somewhat shocked that I put that together) I told him about the missing SMRs, the fact that IN MY OPINION, this RO is now biased, because clearly the evidence is there, they just didn't bother to a) read it and request updated treatment records, even though I sent them copies of those same records. I was very nice, I didn't get mad, I just said, "you know, the Army broke my husband, and it is the sole responsibility of the Department of Veterans' Affairs to take care of him and they haven't, they have a history of falling short in not only benefits for my husband, but medical care" (I sited the fact that he wasn't give therapy until a short while ago, he hasn't seen his therapist since September, we can't get an appointment for something that could be skin cancer!) He seemed like he was upset that I felt like they'd fallen short, he apologized for our treatment, looked at the c-file, promised to make absolutely sure we got a copy of it, he would have his secretary copy it, then have the FOIA rep sign that it has been copied and have it delivered to us asap. He said he couldn't belive we hadn't been given the benefit of the doubt. He said you wouldn't have argued, or I think even applied for an increase if he didn't need it. He said "you've spent a lot of time on this, and I can see that, so I'm going to see what can be done to resolve this, and change your opinion of this Regional Office" I just hope it was worth my time talking to him. Sorry, I just rambled on and on. I'm going to take a few days and think things over. Again, thanks for all your help. You will never know how much I appreciate it.

Question- how the heck did the VA address the major hospitalization that your husband had and consider that as evidence that is problems were far greater then they rated him on?

[rentalguy1]

the reason the hospitalization wasn't mentioned, I'm guessing, was that it was quite a while back. If it isn't very current (within the last year) it most likely mean much because they have to see the most recent picture and mental health conditions change on a dime. The reason that the evidence they used only went through July was because that is when the pre-determination team finished gathering evidence and sent it to the rater. The rater wasn't able to get to it for several more months and a lot had transpired in the mean time. He could have sent it back to the pre-d team to gather more up to date evidence, but by the time he was able to get back to it again, that new evidence would be 4 to 6 months old again. Please, put this claim on the back burner until 2 January. Enjoy your husband, children, and family for the next few weeks, then come back to it. You'll have a much clearer head, and renewed vigor. I urge you to think about my advice, the exact phraseology that has to be in the records, and the time frame it would take to navigate the BVA process versus a new claim when you come back to it.

[cowgirl]

Belle, if you don't mind, a pause in your efforts to 'manage' the va paper shuffle, struggle and battle. As best as I can read, you are good at keeping information straight. I see your tenacity and strength in attending your husbands medical needs, knowing his military history and current condition are direct result of that. You are one hard working woman! I agree with Rental, take some healthy time for you, your family and Hadit willl be here for ya.

The best to ya,

Cg

P.S. Pete's correct hospitalization counts especially for MH, it's considered In Patient, my experience added weight to my award.

Edited December 17, 2008 by cowgirl

[Pete53]

Hospitalizations count big time in my opinion.

[SeattleShay]

Berta-

You cannot count on TDIU with SSA being given for service connected conditions!

My SSD is sole service connected conditions and I have been turned down x3 for TDIU by VA even at 80%.

Of course I am a female vet which makes a huge difference also...don't start with the hate msgs, 'cause we all know it's true.

I was approved by SSA 1st time around and I've been fighting with VA for 28yrs. I started at 60% with VA because those disabities and percentages were in black and white in the regs...after all this time I'm up to 80%, and better off than some.

But never count on SSD and TDIU going hand and hand.