Jump to content
VA Disability Community via Hadit.com

  Click To Ask Your VA   Claims Questions | Click To Read Current Posts 
  
 Read Disability Claims Articles   View All Forums | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

I Feel So Lost.....incompetent?

Rate this question


vistagirl81

Question

My husband got his letter today... 50% PTSD with depression and 10% for tinnitis, 0% headaches and 0% hemorrhoids.... i will appeal the last 2, but they have stated that he will be Declared Incompetent?? why is that all they asked him is who did the finances and he said I did... yes i do, he was deployed more that half our marriage... he just got back 7 mo ago.... i told his psyc. he was not.. he is just very depressed and losses his memory at times ect.... we are trying to work on that....And now we are getting a letter saying they are withholding his money because he was given seperation pay when he left, 9000,he was given 6000, was not the seperation pay for the 8 years he served in the military??Why do they want that back, it is not as though he was medically retired or medically discharged, can someone please tell me about all this....and why is he 50% if he is incompetent.... i have never seen anything like this.. not even a year ago he was competent enough to get deployed, comes home and now he is not copetent enough to handle his own finances.

Link to comment
Share on other sites

  • Answers 17
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Vista, congrats. you should feel good about what you did get. 50% or over. And he is eligible for Vocrehab ( The MH doc did you a favor by signing off on Vocrehab ).

Your next move should be to file for Vocrehab and the 785.00 per month it pays. ( you can file for it using Vonapp on the va site ). When he goes in for the interview he should try hard to get accepted. ( ask for a letter from his psychiatrist to support him being accepted.) . Alot of people try not to get it, so they can use it as evidence that they cannot work, but that is a bad plan.

TDIU.. if the doctor does not agree, you will lose. And sounds like the doctor does not agree. Though you could try filing for it while he is in Vocrehab. Since the doctor did say that after vocrehab he could work.

He is now in priority group 1, so go to the VA hospital and get back your copays. Take the decision to the eligibilty desk, you also get travel money for any appointments going back the last 30 days.. not sure how far you live from the VAMC, so I am not sure if you qualify for travel ( i think you have to live over 50 miles ).

also he will get appointments alot quicker..

For the back.. what treatment is the VA doing for the back?? and what specifically was his diagnosis in the military for the back.. (Mine was always back sprain, not spasms ). And was he ever given light duty for his back or on profile?

Here is my suggestion for his back.. Schedule a follow-up appoitment for whoever is seeing him for his back at the VA. You go in with him.. And say that he has alot of pain in his back ( and it is radiating ). say this has been going on since he injured it in the service.. the military just blew him off and now it is getting worse.. Ask if they are sure it is just a muscle spasm or sprain? Since it seems to be getting worse. Make sure you underscore that the pain radiates, ( not sure if it does ).

Ask if they can setup physical therapy for him. You can also ask for an MRI and ncv/emg.. but the problem with that is if they come back negative for anything serious. And also ask to see pain management to figure out a way to treat the pain ( the VA is touchy when it comes to treating pain for someone with depression. You really want pain shots in his back ). I would even express the concern that you don't want him on anyting for pain since his suffers from depression, so you would like shots.

Build a case for the back. a very strong one. Get as much treatment from the VA as you can. And tell the doctor you are filing for the back, and need to know the exact diagnosis, and ask if the Doctor's report will help with the service connection ( You ask.. be real nice to the doctor during the visit.. let the doctor feel your frustration ). The physical therapy doctor will be the one that will help you the most with this, their evalutation of the back will help the most, as well as any orthapedic or neurologists.

Always be nice to the VAMC people... express frustration and disgust with the VA, but not at the people. They can help you or not. Don't get angry or bad mouth them,.. ask nicely for their help, and they typically will.

Refile for the back after you have at least a back diagnosis from the physical therapy doc.

Get all of the reports on his back and then file a claim that is supported.. whether it is spasms, sprain or herniated disk..

When he has the C&P for the back.. you go in.. and you explain how you are doing his claims and got denied before, and take in the denial letter and your new claim and explain that you are frustrated that you don't understand how to file this so it does not get denied.. take the relevant parts of his SMR's.. the VA records.. and explain how his back first got injured and how it is progressively getting worst. Make the case. You don't need to lie.

Also, now that he has a claim file, and it is developed.. the turn around time for claims will be quicker.. ( i have had them back in weeks. ).

His rating for the depression does seem odd... 70% is the next level, and his GAF of 40 didn't help him with that. This is the rating that will get you to 100%, alot easier then filing for other conditions ( I assume you have seen the VA's combined rating math )..

Keep in mind that he can file for secondary conditions to this, there are alot of secondary issues to mental health problems.. high blood pressure, a whole host of digestive system issues.

you can fight the 50%, but that will take forever. You might just want to see if he actually improves over the next year.. maybe the idea of going to school and getting vocrehab might help him. If he does not improve in the next year or so, then just have him go impatient for depression and then file for an increase.

He should also try getting employment.. even if he does not find any, have him try. And even if he can get a job at walmart as a greater and then cannot do it, it is better than not trying.

good luck

Link to comment
Share on other sites

Thank you so much for your insite..My Husband was diagnosed with muscle spasms in service, when he got out they gave him some type of electric stimulator that i put on him when he is in pain(does not work very well) they did a X-ray and a MRI which came up normal, though the Dr told us there is no way to detect muscle spasms other than weakening if the muscles in the back...He also was given a hot and cold pack,Thank you for telling me about the shots, they try to never give him anything for pain because of his SI...while in service he went to sick call over 6 times about his back, not sure if he was put on light duty.

He has been trying to find a job since he has gotten out but it has not worked out very well, he has reg. for school at a community college to get the GI bill. Can he go to school with the GI bill and go to Volc rehab at the same time... i know he will only get paid for one, if he could that would be great.My husband wants to work but with his pain and depression it is hard on him.

I am not sure if he was seen for pain management,but he has been seeing a Psycologist that is teaching him ways to manage with his pain.. getting it from a 10 to a 9 ect... breathing tech, laying down ect..

I think we will leave it at 50% because we need to work on the other things that are wrong with him, i feel the need to get everything that is wrong with him SC so they can see him after 5 yrs for them.

Link to comment
Share on other sites

Vista,

That was a tens unit they gave him for his back, and they are worthless. Now that he is 50% his treatment at the VAMC will change. They will be more responsive. Just ask for a consult to pain management. All you have to do is ask and they will do it.. they won't always offer, but if you ask they will provide. Also ask if physical therapy will help.

I would go through his medical records and sick call slips ( if he has his copies ).. just look all the back related records. I remember with my claim the issue of restricted or light duty was a factor. My wife filed my back claim as "back injury" which they eventually awarded as Chronic Back Sprain.

You are not going to get much for the back, not without pain down the legs. But getting it service connected is worthwhile. His back will not improve with age, and when it does get bad, it causes alot of problems with affect legs and arms.. So there are alot of secondary claims for it as well.

No you cannot do the GI bill and Vocrehab... Vocrehab is a better deal.. first, the VA pays for everything, books, tuition and any fees charged by the school. It is all paid for by the VA, at the school he picks. ( The counsler and him have to agree on the program..) Plus they give him 785 a month, and VA dental. It is one of the better VA programs.

The key to vocrehab is that he picks his end result.. the career goal, and then they work back from that to figure out what education he needs.... So you have to make sure he wants a career that requires the education he wants to pursue ( get it?? this is a key point ).

Link to comment
Share on other sites

okay, i will go through all his SMR i have copies..I agree with you on the tens unit .I hope the way they treat him changes, his Primary was a joke, I don't know how he got this far...

If they are taking it out of his monthly payments then he should be done by now...now we have to wait for his incompetency proposal i hope it takes no more that 2-3 mo and he should start recieving... i am so relieved about that i though they held his compensation until we paid back the 9000.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use