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.

[RetiredVet]

"But it does mean something when they do all of this after I complain to the VA about my yearly letter."

The VA was caught-last year- by failing to send these annual letters out in time for the vet to respond and they were proposing to reduce comp when the vet didn't respond in time-

to what they didnt get in time.

One more way the VA somehow finds the time ( with the extraordinary backlog of claims they should be working on)

to try to screw a vet out of something that is theirs.

I am glad you found a lawyer-

this is just unconscionable what they did here-and you are by no means alone in feeling despair and disgust over it.

But it will get straightened out.

Is your wife a Chapter 35 student yet or any of the children?

This could hold up their tuition reimbursement payments.

VA almost buggered my CHAMPVA in a similiar situation.

I just realized thinking about that- they could have also messed up my Chap 35 as I was student at that time too-

But I raised Hell and they fixed their error in 3 weeks.

That was a few years ago-the VA is even more messed up now.

If vets don't have PTSD before they file a claim I swear they might get it from the VA itself.

The annual letter I was talking about was not the letter to show I have not worked. It was the annual letter where they show your rating etc so you can use the letter for benefits. Not sure what they call that one. Anyway this letter you do not have to respond to, but since I saw an error I responded to it. They listed everything except the P&T.

I went beyond despair to pure hatred toward who did this. And I still want to know who did this.

My psych wants me on ambien to sleep and wants my wife to watch me closely and call them if she needs to. I told my psych I don't want to take any more meds because I already take three that have interactions and one of them I had been taking for about 10 years, well about a month ago I had a severe reaction to it.

I did get to leave a message with the DAV today. Person at DAV that answered the phone told me my regular person I asked for was not in his office and that she just had another vet looking for him. So I told her to let me leave a message and I would try to get up there this week. I still want a name of who decided this and to find out what the DAV guy says about all of this.

In the meantime I am going to let my lawyer do what he is going to do.

My local psych told me today (Tuesday) not to worry about it, but I do worry. My wife told me that because I see the two local psychs every month (PH.D's) and more often if needed and they have seen me for 10 or more years is probably why they told me not to worry.

I see my VA social worker about every 6 months to refill my meds. My VA social worker knows I see local psychs through my military retirement health program. I also made an appointment to see my VA social worker.

SS looked at all my VA records and decided that my mental condition alone was enough to evaluate me for SSDI. I have been on psych meds since before I retired. And I have a list of SC physical problems as well. Everyone knows how thorough the SS people are. They get their own evaluations for mental and physical.

I think if someone at the VA other than who did this takes a look they would decide otherwise unless someone there is mad at me. And to tell me a VA doctors written opinion is unacceptable makes all VA doctors opinions unacceptable the way I look at it. So that would make C&P exams unacceptable. And this VA doctor that wrote the statement about me not being able to work now or in the future has treated me since back in the 90's, so he knew me well. I wonder how the other VA doctors will feel when they hear this?

The VA probably thinks I won't appeal their P&T decision and just wait for the review in June as they call it. But it is going to be appealed.

When I called the VA for my c-file the guy took my info and then asked me which VA my c-file is at. I thought that was an odd question. I told him my c-file is there where he is and then he looked for it again I guess. He then said the DAV had it and since they had the file it may take longer for me to get a copy. Is he trying to cover up that they do not have it?

I have not told my lawyer this yet. But I will. I am glad I recorded this. So again it seems someone is doing something illegal. Maybe they lost my c-file? I did not post the entire recording on here, but I will send it to my lawyer. But this again seems to show someone at the VA got mad and this is possibly retribution. I have a copy of my c-file after my awards were given back in 2003.

I do not think they can justify rating me for less than what the doctors I have seen for years through tricare have said or SS.

So maybe my psych's are right. I should not worry about this. But I do and I do get very angry over this.

Thanks Berta for taking the time to reply. And thanks again to everyone that has replied.

Veteran's need to stick together over everything, even for the survivors rights and benefits of veteran's. To me a veteran and their family are just as important and deserve whatever we can each do to help them get it.

[RetiredVet]

va sych increased my meds. va doc increased my pain meds. also got new walker from va doc. maybe th eva got a lot wrong years ago. ss said i have severe somatoform disorder due to pain. was on pain meds in militray and had depression due to pain back then. took lot of meds. given choice to retire or be put out.

locla sychs agree with ss. va sych seems to goes along with what a rating person at va said. cp sych said major depression. wife looked it up again. had to see two of them back then. two va sychs.

ss judge and sychs said i shoudl nto handle my own money but ss decided to finally keep putting it in our joint account since i neever use it anyway. maybe because wife has handeled the money for a loongest time anyway. but my wife had to be in charge of my daughters benefits. is why i try to get dav to help with things. when i need help. dav does nto help now.

so maybe that the va missed a lot about me in just a short time seeing me. got ss 6 maybe 8 months or less after getting va rating. they disagreed with va. did nto appeal va then because they va gave what dav said I shoudl get. dav won't even return my calls so i got a lawyer.

so maybe now i can get 100 % for just severe somatoform pain problem. ss rated me totally disabled for just this somatorform. ss judge said all he neededed was thta under ss. va sych see once or twice a year maybe 3 times. local sychs abotu every month or more. ss psych's had all the stuff form service medical records and frm va to the day they rated me. then maybe get separate rating for other sc problmes at va. then woudl be 190% if no increase. before using va tablets.

i think sometimes va peoples need a kick in their butts. can i say that here. mayeb we all get to see them agin and kick them in theire butt.

thank you all for letting me be hear. iget bad anger sometimes. have to careful. not going to have wife tyep for me any more. she does a lot all the times for me.

[Berta]

I think you received a letter that is gping to involve a "review" of your 100% P & T status? a C & P is set for June?

Having been declared incompetent as I understand this and with all the other info you posted here- the VA (unless you can nip this in the bud right away) will review your disability but they would need very strong proof of substantial improvement in your condition or a finding of fraud to ever actually reduce your compensation.Obviously you present a P & T status -

You would think they would have better things to do then pull this crap but the VA can order a review of a disability any time they want.

There is plenty of information here to combat this review-the part about the increased meds for example-if your lawyer gets on this right away-or even by writing to them yourself (and having the wife write a statement too)- you might get them to drop the idea of the review.

You are 100% SC for something-dont recall what your disablity is-

If I were you when you write to them (and make sure you do get to that C & P unless they resolve this by June)

Ask them for more money too!!!!!-

It seems to me that you should be getting Housebound or A & A award- not sure-

but if you read the regs for these awards (SMC "S" 38 USC 1114) your evidence and even your docs might agree that they should grant you the S award.

When the VA f---s with us it can sometimes give us the opportunity to ,via their "review" idea , get an even higher award. ;)

Edited April 13, 2009 by Berta

[Pete53]

Retired Veteran

Since they are doing a review with C&P in all likelihood you should ask for at least an S rating if you don't already have it. From your post I doubt that you have anything to worry about just be sure and go to any scheduled appointments.

Good Luck

[RetiredVet]

I think you received a letter that is gping to involve a "review" of your 100% P & T status? a C & P is set for June?

Having been declared incompetent as I understand this and with all the other info you posted here- the VA (unless you can nip this in the bud right away) will review your disability but they would need very strong proof of substantial improvement in your condition or a finding of fraud to ever actually reduce your compensation.Obviously you present a P & T status -

You would think they would have better things to do then pull this crap but the VA can order a review of a disability any time they want.

There is plenty of information here to combat this review-the part about the increased meds for example-if your lawyer gets on this right away-or even by writing to them yourself (and having the wife write a statement too)- you might get them to drop the idea of the review.

You are 100% SC for something-dont recall what your disablity is-

If I were you when you write to them (and make sure you do get to that C & P unless they resolve this by June)

Ask them for more money too!!!!!-

It seems to me that you should be getting Housebound or A & A award- not sure-

but if you read the regs for these awards (SMC "S" 38 USC 1114) your evidence and even your docs might agree that they should grant you the S award.

When the VA f---s with us it can sometimes give us the opportunity to ,via their "review" idea , get an even higher award. ;)

i don know anymore berta. i have not received any lettre abotu the review. just the one fax statin they say one line is in erro rof a 3 page reprot on P&T. in that fax nto even signed they say i will have a review in junebut not when or anything. not date.

even todya they do not say when. my va doctor has increased my meds and my va psych also. also got a smaller wlaker from va doc. va nurses wante me to get smaller walker for a logn time. one they gave me before i hda to have my wife help me get it out. it was for someon weithing up to 400 pounds.

i also have high blood pressure and it is always higher when i have to move aroudn. proven by va doc. seems to increase with pain. gets near normla when i can sit or and notmal when lie down a while.

my c-fiel i have is about 8 inches thick. maybe va lost it but i have a copy and requested another copy. lot of stuff form military. 4 years in a pain clinic, pain mananagement, opain support group etc. even sent to a back shcool to learn to lift withotu pain.

spinal shots, tens, upperand lower back shots, lung punctured with a shot and deflated lung at time. pain and depressant meds at time while in service. pulled frmo duty because of it for 4 years.

given choice or retiring or put out on medical so i retired. pain and depression since military and no ne caught it except ss and local sychs.

all i want is the p&t back for my wife an daughter. you know the c&P docs stated i had major depression (clinical). rater gave me 20 % for depression. two c7p docs said major depression with gaf of 51 and 47. i never appealed because i got p&t. i never appealed the numerous 0 percent ratings (5 or 6) dnot sure,, because of p&t. mayeb rated depression lwo because i ahd a lot of physicla problems.

sinec va says they mad eerror maybe i cna appeal all of it they continue with the c&p. then get more than 190% if i get somethign for the 0 percents. 90 percent was for physicla problems.

i would liekt to go on tv or soemthign but i do nto think i woudl be good on it because of my conditions. but maybe one day i can get peopel to help protest the va benefits section of my ro.. and protest at the administrators house and all their houses so peoepl living near then knwo and their children know hwo they really are. yea kid your dad did this to me and others so they knwo how our children feel. so when their kids go to shcool other kids siwll aks why does your daaddy treat vetrrans liek this.

my wife worries baout me. i now have four or 5 life insurance policies including the one form service. i made a will otu recently also. i have gotten os mad over this. it is not agame to me. i hold them all accoutnabel at the va ro, but mainly the top bosses liek with aig or gm.

i think if they play their games vets can also. i feel i have nothing to lose after my wife and daughter lost their benefits. they took my daughters college form her because they got mad form being corrected and because they are educated idiots that follow what a memo tells them instead of what is right and leagl.

cowards that go home every nght and their family think they di a good job, but they actually were too scared to do what is right whne they knew it was right.

cowards too afriad to face the veteran outside the va. face to face.

time vets knocked on their dorrs and faced them like men. lete the family knwo and the neighborhood.

[RetiredVet]

Retired Veteran

Since they are doing a review with C&P in all likelihood you should ask for at least an S rating if you don't already have it. From your post I doubt that you have anything to worry about just be sure and go to any scheduled appointments.

Good Luck

thanks for the encouragment. i treid to send berat a pm but it does nto work. hope my laywer cna help.