ptsd Wrote My Congressman

[out_here04]

Hadits,

Apologize in advance for a post within a post about a post...

Because of my SC Anxiety I get on these long rolls where I'm obsessive-compulsive and impulsive to a fault, evenso, after a session on hadit with some very knowledgeable and informative vets, I decided to write my congressman. I don't know to this minute if I confused the issues or myself more by writing this without vetting it through here again or a similar veteran's forum first, but I did try to bend his ear in hopes of helping make some change or get attention to at least two disabled veteran issues:

1) our being eyeballed as suspicious by VA if we have been awarded claims (particularly 100 percent schedular, P/T, or TDIU) and then actually have to or want to go back to work and/or school for rehab or self-fulfillment;

2) and the transferring of education benefits to dependents of disabled veterans entitled to the New 9/11 GI Bill who are no longer on active-duty or won't be as of its Aug. 9, 2009 debut --if not all educational programs some may not be able to use directly because of their SCs. In a perfect world, this would include disabled veterans of any war or conflict who, because of their SCs, never used their entitlements.

Some of this may already be moving forward from other legislators, at least I hope so. If your Congressman can get it on the House floor Monday, go for it, but mine is "vet-friendly" (a re-elected Democrat no less!) and I believe he will respond somehow. Right now, my brain is wound tighter than a yo-yo, but my final act today on this topic is to encourage others not to give up on writing your representative when you feel strongly about something. Communication is key.

I've heard it said on here more than once that VA is broken. Hopefully, future generations of our country's veterans won't have to suffer twice like many of us have. If I offended anyone or crossed any hadit lines by quoting responses to my congressman, I apologize. I did not include names from the actual posts or within the conversation. I just thought it was important for my representative to get a glimpse into how much the VA agitates us. Hadit gives us a forum to get these issues to the top instead of burying them within. I thank you for that. But, we can belly-ache until the cows come home without much result, unless we use hadit as a springboard to get up in Washington's face.

out_here04

(zipping up my tough-skin suit)

Congressman (Doe),

I have spoken with you before about my claim through the Veterans Administration for un-employability. I did not receive that rating, but did get 100 percent Schedular (which means I may improve), with further evaluations down the road necessary to keep the rating. I got back-paid from both VA and the Department of Defense to when I filed. My reason for contacting you again is twofold:

1) There seems to be an issue with VA that if 100 percent disabled veterans (for mental health reasons in particular; mine is 100 percent for Anxiety) attempt to go back to work (even though told we can), or go back to school using the GI Bill (Chapter 30) instead of Vocational Rehabilitation (Chapter 31), they are looked at with suspicion and high scrutiny by the VA as being “obviously abled” not disabled and their rating is vulnerable of being “low-balled” during the claims process or decreased if already awarded. Like other disabled veterans I have talked with, I believe the typical disabled veteran with a mental health issue who makes such an attempt is many more times than not seeking rehabilitation by keeping their mind and body busy, and soldiering on as trained to accomplish a mission, not trying to bilk the government out of money. They are doing this with a much greater degree of personal effort, suffering and perseverance than the typical, non-disabled student, to do so. I know you support bona fide scrutiny of veterans benefits, particularly in supporting the bill that called for two medical opinions in ruling on some disability cases, but I am speaking of veterans who have already been deemed disabled by VA. For further insight into how disabled veterans view the VA’s stance on this, please review a conversation I had with others on a national, but unofficial, veterans support website, below. Suggested bill title: DISABLED VETERANS RIGHT TO PURSUE EMPLOYMENT AND/OR EDUCATION WHILE KEEPING VETERANS ADMINISTRATION RATING

As I said on the website:

"To me, the veteran’s SC (service-connected disability)compensation should be for what was suffered and has to live with because of military service, which without this country would be nothing. Anything the veteran can overcome and persevere through and accomplish is our right to pursue the American Dream. If Bill Gates or T. Boone Pickens were VA-rated at 100 percent, I don’t see why they shouldn’t deserve the rating as well as the profits they have earned through diligence and hard work. I know the VA doesn’t think like that (especially since the back-pay would be prohibitive to them) and I’m preaching to the choir, but they damn well should.

"Finally, someone mentioned on here that the, or a, former Veterans Administration director was rated at 100 percent. If he had any GI Bill left or got hired on with Bill Gates or T. Boone Pickens, would he lose his rating? Hmmm... "

2) In regards to the New 9/11 GI Bill and its transferability to dependents: As written, only those on active-duty on Aug. 9, 2009 can transfer this benefit to their dependents. As far as I know, no legislation has been proposed to extend this transferability to other veterans who are equally qualified, but may have been discharged or retired from active-duty service under honorable conditions --which is a requirement to use the Bill. Under other education benefit scenarios --Vietnam Era GI Bill, VEAP (Veterans Educational Assistance Program) and MGIB (Montgomery GI Bill)-- disabled veterans rated at the 100 percent Permanent and Total level can not even transfer the benefit but their dependents at least qualify for Chapter 35, which is a well-respected and valuable program. I believe subsequent amendments to the New 9/11 GI Bill should extend at least ITS transferability to everyone eligible for the latest, greatest military education benefit since World War II. This would include GIs who have suffered service-connected (SC) disabilities during Operation Enduring Freedom and Operation Iraqi Freedom from Traumatic Brain Injury (TMI), Post-traumatic Stress Disorder (PTSD) or other ailments. In reality, many veterans from previous conflicts have lost this benefit due to non-use because of their inability to do so within a ten-year window (new one is 15 years, I believe) if they are even able to use it at all; yet, they were unable to transfer it to dependents who could have used the education to help gain better employment to help care for their veteran parent AND stimulate the economy through their own success. As I stated this exact idea on the website:

"I would just like to have seen the new GI Bill come out with more veterans eligible to transfer the benefit to their dependents, particularly since many of the SCs make it difficult or impossible for a DV to even consider going to or back to school. Currently, there are many service-connected disabled veterans from Operation Iraqi Freedom/Operation Enduring Freedom who have suffered traumatic brain injury, PTSD, or other trigger SCs better left unsaid. Many of those probably have at least 36 months of post-9/11 active-duty time which fully qualifies them (on a sliding scale by months served since 9/11)for the new super-dooper GI Bill—the one that pays for tuition at the highest rate in the (academically-qualified) veterans state of residence. If I’m not mistaken, as written, the only ones who can transfer the new GI Bill will be on active-duty on Aug. 9, 2009."

Suggested amendment title: AMENDMENT TO NEW 9/11 GI BILL TO ALLOW TRANSFERABILITY TO DEPENDENTS OF VETERANS WITH SUBSTANTIAL SERVICE-CONNECTED DISABILITIES

(CONGRESSMAN DOE), from viewing your record and listening to you in person and through your campaign ads, I am putting great faith that you will fairly evaluate my previous comments and some below that I am pasting from some of the website's bulletin board. I do this so you can fully understand the issues I mentioned and gauge the level of frustration we have on these topics. This is just the tip of an iceberg which includes “Shreddergate” where VA employees destroyed disability claims in an indefensible manner.

On a side note, I know and thank God that I can still express myself as many of us disabled veterans, even with mental health disabilities, can. We sometimes are judged on how we prepare correspondence and how passionate we are about issues as being “normal.” We still suffer and have to go above and beyond to swim past the waters of depression, anxiety, PTSD, traumatic brain injuries and other maladies to do so. Please do not judge us adversely for this without this consideration first.

MY COMMENTS ON THE VETERANS WEBSITE (MC):

MC: I'm still going to use the GI Bill since veterans, unless 100 percent totally and permanently service-connected disabled, can't transfer it to dependents. I would love to pass it on to my daughter, but only those on active-duty on Aug, 9,'09 can do so, at this time. So, at age 47, off to school I go, I guess. I do intend to pass that oddity along to my Congressman who supported the New 9/11 GI Bill, despite others, even in DoD, arguing against the benefit. Maybe, eventually, they'll allow all or at least some disabled veterans to transfer this deserved benefit --that they may not be mentally capable of, or best suited for-- to their dependents, once a little more common sense sinks into the plan.

RESPONSE: Why not go to school under Vocational Rehabilitation? I think it pays more. My only concern is since you are 100% the VA may see this as an improvement, and call you in for an exam. If you use the VA to put you through school they will have access to success as a student, and this may call into question any notion of P&T. I believe that as long as you are not working then your 100% is pretty safe, but you might want to check it out with others before you let the VA know you are using their dollars to get education that will make you employable. It seems like a great idea to me and makes sense from an economic point of view, but the VA has weird ideas. They like their 100% people to be basket cases if they have a mental problem.

RESPONSE: Even the VA has to accept the idea of rehab.

RESPONSE: I am not real smart but doesn’t anxeity get covered under mental issues, and I have always heard that part of the 100% rating schedular is for the fact that you are not employable, if a veteran who is rated 100% for any mental issue then enrolls in school fulltime is actually showing that they are not 100% disabled so yes while I am sure the VA wants the veterans to rehabilitate does it actually do the veteran good to prove he is “better” per se when he still has the same problems, and thus while trying to better themselves the VA then uses that same “help” to pull the rug out from under them financially and on review lowers them to 70% or even 50%.

I am not encouraging anyone not to better themselves, I am just questioning the wisdom of shooting yourself in the foot and putting your 100% at risk we all know in a year or so of being 100% they will give the veteran the P&T rating and then his spouse can use the benefit and if the veteran moves to SC the kids would then get free college as a state benefit and could keep the Chapter 35 benefits to pay for books a car etc.

RESPONSE: You would think the VA would do every thing in the world to encourage a 100% vet to get rehabilitated, so that he could work. The end result would be a reduced benefit, but it would be worth it to the VA and the Vet. I would rather be making a good living at a good job than collecting 100% for 40 years. No promotion possibility at 100%. The question is does the VA see it that way? They used my being in school to keep me at 10% for years. They said if you are able to go to college how can you be seriously disabled. They used my college dergee to question my disability, and to call me a liar for saying I could not work. We are dealing with assholes

RESPONSE: In 1998 I went back to School for 1 year. If I had not been retaking courses to bring my average up so I could get a Teachers Certificate I would have made the Deans List for 2 Semesters. Anyway I increased my GPA from 2.012 to over 2.9 and if I could have continued I was eligible to get a Teaching Certificate because I had over 2.5 overall GPA.

I was in Voc Rehab and the VA Voc Rehab decided to require me to sign a statement that I knew that VA could look at my 100% P&T Rating. I refused and dropped those plans. Its to bad cause I think I could have made it but that is another story.

When a Veteran is in Voc Rehab going to school it is not proof that they can work. I had tudors and was assisted by American with Disability Act which allowed me to take my tests independent of the class and others help by the University.

So to me this falls into the VA netherworld that says yes you can work if you are 100% P&T but maybe we will lower your rating if we feel like it.

Going to School is considered rehab and until you get a job it should not be used to give a low ball rating. Just my opinion.

Now for the conclusion most of us worked to damn hard to get 100% why put it in jeopardy? I just mind my own business and wait for the check.

RESPONSE: I agree it’s a damned if you do and a damned if you don’t, my ex son in laws father was mad when they awarded him TDIU and then threw him out of Voc Rehab, he also wanted to be a teacher....but vets have to jump thru the hoops to get either 100% or IU and then to put it at risk by any way just seems contradictory.

But all of us are different and we all dance to a different beat, but all things have to be considered, advantages and disadvantages and what do you want from life and what can you really do if you get a degree and the VA decides to review and then decides you are better, and we all know if is easier for the VA to reduce a 100% award than an IU award, the only way to really lose an IU award is if the veteran gets a job and shows they are capable of working other than that it is really hard for them to claim you are better.

a 100% on the other hand can easily be reduce to 70% or even 50% based on a C&P exam and a DRO that is looking to cut compensation awards. You really are not safe until you have the 20 years of comp payments on the books. I hope I live long enough

But it is a tough decision for younger guys to make it’s that question of the bird in the bush or the birds flying around

me I am a recluse so my decisions are easy

MC: I’m aware that I would need to be 100 percent P/T for my daughter to get Chapter 35, versus Chapter 30, which is the actual GI Bill. One of the briefers at a transition briefing I attended, before discharge in 2004, mentioned a 100 percent veteran going to college who was interested in becoming a public speaker about his military experiences. I think he said the vet was going to school at his house, because he didn’t socialize well in that particular type of environment as attending classes. VA had provided a computer as well as paid for the tuition and books. His future speaking goals were likely going to be paid endeavors, but I don’t know. I just hope he was able to transition into a better life, no matter how the VA might slide the compensation scale down and thus affect his rating.

My thought on this is that, yes, we may pursue higher education or better qualification for the workplace (as he did), but it sure as hell—in most cases, I would venture to guess—is not as easy as it is for the typical American (without a disability) who breezes through school. If not for that veterans SC maybe he could have had a much more lucrative salary or net worth as anything he might even now be able to achieve.

I’ve never had a reason to think about it until now, but don’t civilian students with disabilities who are drawing Social Security go to school or are all SS recipients cloistered in their homes or medical facilities? If they are going to school or involved in a work program, does the SSA strip them of their benefits because they are doing so, or does the SS check help pay for their tuition or fees? If they graduate and can obtain gainful employment because of that, I would guess they do have their SS lowered or discontinued, which makes what I’m about to say even more of a debate on that topic.

To me, the veteran’s compensation should be for what was suffered and has to live with because of military service, which without this country would be nothing. Anything the veteran can overcome and persevere through and accomplish is our right to pursue the American Dream. If Bill Gates or T. Boone Pickens were VA-rated at 100 percent, I don’t see why they shouldn’t deserve the rating as well as the profits they have earned through diligence and hard work. I know the VA doesn’t think like that (especially since the back-pay would be prohibitive to them) and I’m preaching to the choir, but they damn well should.

Finally, someone mentioned on here that the, or a, former Veterans Administration director was rated at 100 percent. If he had any GI Bill left or got hired on with Bill Gates or T. Boone Pickens, would he lose his rating? Hmmm...

RESPONSE: If VA/rater said IU was a “moot” point, then he/she based your 100% scheduler on some disability, which may or may not ever improve.

Here’s the differences:

as a Vet, with 100% IU P&T you can not work, you and your doctors say your conditions are so severe, you can’t work and offering you VOC REHAB or anything else is a waste of time and resources.

AS a vet with 100& scheduler, you can work and work all you want.

Take that with a grain of salt!

If your rating was for 100% for a mental issue, then you can forget working and if you do go to work, VA WILL Call you in for a reexam and reduce your rating to your last know rating level.

With 100% IU P&T your family gets chapter 35 benefits, meaning they can go to college for free.

AS a vet, with 10% up to 100% Scheduler, you can use CH31. Voc Rehab and go back to school and earn a degree for example in a field, that will not aggrivate your service connected disabilites.

Your educational goals are YOUR PLAN, you’ve got to research and sell your educational goals.

You’ve also got to show future employment possibilites, what kind of work, certifications,etc...you’l need. It’s all completely doable, but it requires work from your part.

VOC REHAB is an AWESOME benefit.

Why use the montgomery GIBILL? Save that for your Masters later on down the road!

Use your CH31 Voc rehab...let them pay for your school, tuition, books, computers, tutors, certifications, etc....

For the vet, who’s 100% IU P&T.....well you can file for under voc rehab, for the ILP program, again, it’s your plan and this is a program set up to help improve YOUR QUALITY OF LIFE AT AND AROUND YOUR HOME!!

Do not use key words such as for hobbies and things like that....use words that say “if I had this or that, it would help keep my mind, hands active and would help make me feel better about myself, because I have something constructive to do.”

Now this was just an example....but I hope this helps you understand a bit better about the ILP program.

As for the other issues and benefits, I hope I explained those well enough also.

MC: I was previously denied voc rehab because VRE office said I had to be “stable” for three months and at that time I was not. That was actually part of my C file and contributed to me receiving the 100 percent. I still don’t think they should hold that against a vet, but apparently they do, at least in the beginning. Thanks to your advice I’m going to try to make it into voc rehab and hopefully succeed and maybe later on down the line I can transfer the GI Bill or pursue a masters. Right now that seems a daunting task, but all of this did at first.

[out_here04]

Thing is, Pete, I didn't get screwed by the VA, largely because I was advised during transition before discharge by people just like you and others at hadit. Then, you guys helped pick up the slack and I got my 100 schedular within a year of applying. My passion now is in helping others, too. I've just been paying attention, a novel idea of late. I don't have a problem advising Dr Phil, either. Anybody got Oprah's number? ;)

[Tayo]

Out_here04,

If Oprah got the info,,, which I am sure she knows about 'cause she is the one who started Dr. Phil's T.V. program. I agree, if she had something on her talk show,,, wow,,, who knows what could happen. The whole world would know what is going on with the vets.

Tayo

[Testvet]

Thing is, Pete, I didn't get screwed by the VA, largely because I was advised during transition before discharge by people just like you and others at hadit. Then, you guys helped pick up the slack and I got my 100 schedular within a year of applying. My passion now is in helping others, too. I've just been paying attention, a novel idea of late. I don't have a problem advising Dr Phil, either. Anybody got Oprah's number? ;)

CONGRATS on getting 100% in less than a year of discharge, I am sorry you are 100% disabled but I am glad you got the award so quick, if all veterans were treated this way then I doubt Hadit would even exist. I am in my 7th year of appeals and in Feb I finally get my first BVA hearing, why should any veteran have to wait 7 years for an appeal hearing? My case is the type that created websites like Hadit, T Bird fought one that led her to create this place and other people like Colonel Dan and Kelley and Larry Scott at VA Watchdog.org etc the VA system is far from perfect and yes many vets get treated right the firstt time around and most veterans are NOT totally disabled and are satisfied with their 10% or 30% awards etc it's the cases involving mental issues that create a lot of animosity because they are subjective to whomever is doing the award granting in states like New Mexico and Maine it is easier to get a higher award on the initial claim, why? do they have better raters, more intelligent people, a better system to apply even standards to all claim files? Why does Illinois have such a low award % for their veterans claims? Are all of their raters mean or do they have poor management? When their is no set way to adjudicate the claim and jusdgement has to be used then the system is not going to be the same in all VAROs, I live in one of the worst in the country Columbia SC they were near the top of the list of documents found in the shredder room, they low ball almost everyone I was told I should be grateful when they awarded me 50% for PTSD and I should just shut up and quit filing appeals, this by a SO for the American Legion that was what back in 2005 needless to say I revoked their POA. Less than a year later after following Skips advice, Pete 53, Tom and T Birds I was awarded my 100% P&T so I have a very special place in my heart for T Bird and all of the people here at Hadit and they understand I have PTSD and sometimes I say things I probably shouldn't, and I am having a bad day or a bad month, who doesn't with PTSD? This place is my lifeline and the people here are the only "friends" I have, my support is here, Berta, Carlie and the rest, we all need support it is human nature....otherwise we would just be animals....now with all that said stay away from the bottle of blue pills they are all mine

[out_here04]

testvet,

Actually, I got 60 percent two months and 19 days after discharge, 80 percent three years after discharge, and 100 schedular just under four years after discharge. Not at all feeling like it, I had to "line up my ducks" along the way, which is sadly something many equally, or moreso, deserving vets are unable to do.

I actually probably qualified for the 100 percent back in 1993, but kept on keeping on active-duty, looking over my back and enduring the ridicule when I secretly was fighting the living hell of dealing with anxiety and depression and PTSD. Evenso, I was one of those who took command at their word in the "destigmatization" of seeking mental health. As it turned out, that provided the documentation base I would need to SC and win my subsequent claims. Many more, I'm sure, simply do not do that, and are among those who cannot "prove" their disabilities on paper.

I have nothing but praise for hadit and others who give a hand up to help make clear something as murky as the VA rating process. Like you, this place is one of the few where I feel comfortable in sharing my thoughts.

[hollywoodnc]

Pete,

Maybe if I didn't have to deal with anxiety and depression and being so pissed off most of the time I could write a short and sweet comment about anything in general. It's Catch-22, a conundrum, wrapped around the axle. I didn't ask for this. Oh yeah, I was a volunteer enlistee. My bad.

out_here04...

I to, was a volunteer enlistee, as is the majority of people on this board.

I to am highly pissed about the treatment to me for the past 30+ years. I, like you, have written many letters to this screwy agency for many years.

Recently I submitted a 17 page response voicing my disgust, mixed in with my proof w/exhibits to this assinine agency.

True, it should be short and sweet, BUT, my many letters are showing a medical condition, caused by the DVA.

YES...I'm going to claim 30+ years of Emotional Distress in Federal Court.

Due to the DVA's neglect (a botched surgery w/Lies told), and missed issues on other disabilities that were reported and I wasn't compensated for, even after I repeatedly requested this, and they denied it, or even failed at making any mention of these additional ailments in their denials.

"The Cows are coming Home" on THIS claim...

This particular 17 page letter, exposed EVERYTHING in my file, that makes me appear uncooperative, fictitious, fraudulent, however they want to view me.

It's all on the table, and they WILL address it in front of a judge.

I encourage ALL Vets' to carefully and meticulously review every correspondence, and medical write-up as I did, and you will be amazed at all the controversial statements made.

Example:

In my recent C&P exam, the B*tch that conducted my C&P had stated:

"I was surprised that the Veteran was even awarded a disability rating, because he had arthritis prior to enlistment."

As you can imagine, I was PISSED when I saw this statement!!!

There is nothing in my file, that stipulates this statement or diagnosis! My hip was fine, and I was scrutinized for having pins in the hip. AFEES STILL allowed me to enter into the service. The pins were intact, before, and one was penetrating after!

So, you can see MY point, that doctors are included in this massive F*ck-Up with the DVA!

This is why all of you must review each diagnosis, and get an outside source to contradict it!

I am in the process of having University Professors to PROVE that my S/C hip is definitely proximate to my spinal conditions that I suffer from today.

This stupid ass agency didn't see this for 30+ years, so once I have the proof, I'm going for the BIG ENCHILADA!!!

I hope that this helps you, in your quest.