Va Now States Error With P&t

[RetiredVet]

When I received the VA's standard yearly I notice they did not have my P&T on it. So I sent them a letter through my senator asking them why this was not on it. (I sent it through my senator since my last four letters sent by mail for the clothing allowance they say they never got).

The VA's reply is that I am not P&T and I am scheduled for a review in June. They also said if I was P&T I would not be scheduled for the review.

So I sent them a copy of my award letter stating I was given P&T 6 years ago. I was already 100% IU before the DAV had requested the P&T rating for me. The VA replied that the P&T was in error. It has been six years now since I got the P&T rating.

The person I normally speak with at the DAV is gone for a few weeks so the person I spoke with had no idea what is going on. She did say when she called back that the VA states they have stopped my wifes DEA. This will also stop my waiver for S-DVI premiums I got for being P&T and affect other things.

The girl at the DAV also said they told her my 100% IU rating was right. Then she suggested I just wait for my review in June.

The DEA and VA insurance people stated in their approval letters that they had checked with the VA and verified I was P&T. I sent copies of those also so they would see I am not the only one that knows I was in fact rated P&T.

Both replies were faxes sent to me through my senator and not signed by anyone.

The VA gave no reason for doing what they did or said anything about how I can appeal. No other notice given and only after I sent them a copy of the P&T paperwork they stated that it was an error. It seems they also did not think I still had mine.

They also just decided on this according to the girl at the DAV and they let her know they have stopped everything.

I get all my medications through the VA. I see a VA doctor every month for one of my meds because it can only be issued 30 days at a time. I see local psychs, but get both my psych meds from the VA. I see the VA social worker about twice a year and she refills my meds. I got a letter from my VA doctor in 2006 stating that I am not now nor will I ever be able to work. I got that in case I needed something for ILP.

I was told this letter is too old for them to use. So I need to get a new one according to them. But that should have shown the VA that my VA doctor still agreed that my condition was permanent and total and that they made no error.

So I don't know what to do. Should I file a NOD? My wife wants me to go see my psych as soon as I can because I am losing it.

Even if I file a NOD they have already stopped everything. I just don't know what to do.

[Berta]

I feel you definitly a vet rep with an office in or near the VARO to fight this-

maybe I am getting this wrong- the VA awarded you 100% P & T- and then they said they made an error on the P & T?

And they told you by Fax?

"The VA gave no reason for doing what they did or said anything about how I can appeal. No other notice given and only after I sent them a copy of the P&T paperwork they stated that it was an error. It seems they also did not think I still had mine."

If I were you I would formally NOD whatever they sent to you and then try to get a lawyer- unless you can get a rep who will fight this one to one with them.

In the NOD tell them exactly why they are wrong.

[RetiredVet]

I feel you definitly a vet rep with an office in or near the VARO to fight this-

maybe I am getting this wrong- the VA awarded you 100% P & T- and then they said they made an error on the P & T?

And they told you by Fax?

"The VA gave no reason for doing what they did or said anything about how I can appeal. No other notice given and only after I sent them a copy of the P&T paperwork they stated that it was an error. It seems they also did not think I still had mine."

If I were you I would formally NOD whatever they sent to you and then try to get a lawyer- unless you can get a rep who will fight this one to one with them.

In the NOD tell them exactly why they are wrong.

yes berta. in a fax said error in p&T. nohting else. did sya because i am not now p&T i will have review in june. no daet or antyhing. i used to be 100% P&T unitl now they say. so i hope laywer is good.

[broncovet]

I concur with Berta adding that a decision becomes final after one year. After one year, The Veteran can not appeal it without meeting the required "CUE" standard that the VA should also have to meet.

If the VA is proposing a rating reduction, then they have to give you due process to protest this rating reduction.

If I understand what you are saying, the VA has reduced your rating from P&T to NOT P&T without this "due process", that is, they have failed to give you the required sixty days notice. The VA is alleging that your previous P&T is "in error", however, they have to prove Clear Unmistakable Error..just like Veterans do, in the event the Veteran fails to file a NOD of any decision within the applicable one year period.

In my humble opinion, you should file a NOD and should allege that your rating was improperly reduced

without the required sixty day notice and due process required for rating reduction.

IMHO, also, the VA has the burden of proving CUE, that is, that your P&T was "in error". If they can NOT meet the strict "CUE" standard, then my guess is that they will be forced, upon appeal, to restore your rating to P&T.

Edited May 5, 2009 by broncovet

[RetiredVet]

I concur with Berta adding that a decision becomes final after one year. After one year, The Veteran can not appeal it without meeting the required "CUE" standard that the VA should also have to meet.

If the VA is proposing a rating reduction, then they have to give you due process to protest this rating reduction.

If I understand what you are saying, the VA has reduced your rating from P&T to NOT P&T without this "due process", that is, they have failed to give you the required sixty days notice. The VA is alleging that your previous P&T is "in error", however, they have to prove Clear Unmistakable Error..just like Veterans do, in the event the Veteran fails to file a NOD of any decision within the applicable one year period.

In my humble opinion, you should file a NOD and should allege that your rating was improperly reduced

without the required sixty day notice and due process required for rating reduction.

IMHO, also, the VA has the burden of proving CUE, that is, that your P&T was "in error". If they can NOT meet the strict "CUE" standard, then my guess is that they will be forced, upon appeal, to restore your rating to P&T.

I have also had my psyhc and pani meds incrased over the years and recently in april. my va doc todl me this mont hee may increasee them again. wanteds to see hwo i do wiht the increases. psyhc wants to se eme again in june.

lol hard for va to proves that. got ss about 6 months after va 100%. ss still has me totally disabbled to this day. also va doc wrote letter stating i will never get anny betters. they ignoredd that. va doc did get me a new walker lsat month for my physiacal probs.

wife got me lawyer and nwo lawyer is doign everything.

evryoen has been so nice with help..thanks

[RetiredVet]

i got call from VA. person says i got 100% annd wife gets chapter 35 benefts. person aslo states got letter fomr lawyer. person said did not replies to lawyer. I recordedd everything. now have recording on tape. person would nto admit i have p&t, but said i get the p& t benefits accordingly to my c-file and i wil nto be scheduled for any further examinsations.

person said they show lawyer not my powwer of attorney, but old service org i used. still messed up.

called lawyer after that. laweyer sending anothe rltter to VA. lawyer been power of attorney since back in april or MARCH.

person would not send me a letetr stating what i was told. but i did record all of it. jst shows hwo the va is disorganized.

lol i need spell chaekc to chekc my speelcheck. soryy fo rerrors. i have had my pain and psych meds increased in last two months. doc sai dhe can ponly increase one of my pain meds one more time. i think i neeeds to cut one of thme down.