tdiu I Visit The Ro And The Plot Thickens

[dav_marine72]

So I need to go to the health center for an appointment and to try and get some nexus letters. If anyone remembers I received a TDIU letter without any reference to DEA or P&T yet my SO says he has one. I called the 800 number and they tell me I am 100% P&T. So I show up at the RO and state I need a copy of my latest rating decision because mine does not say P&T. They say we may not have your file here because of your appeals. I'm like you made the decision it should be here. The receptionist gets an RO helper person and I explain I need a copy of the rating for my SS case that says P&T. He brings out a decision letter with a different date that although it looks close to the one I recieved it states I was awarded DEA. It's like I'm in the twilght zone. A different decision copy for them and me. Almost like they didn't want me to know I was P&T. Then I read why they gave me DEA. It states when a Veteran has a disability that permanent and total he or she is entitled to DEA. So I say okay but why doesn't it say I am P&T. Then the receptionist says you aren't P&T you have an exam in 2011. So I say but you can't get DEA unless you are P&T. I said you can be P&T but still have a future exam. She says no you can't. I'm thinking this lady works at the front desk why the hell is she telling me crap that isn't even true. So I ask the rep again why can't they just put P&T in the letter because there is no way I am not. He says I'm not saying anything. I didn't have anything to do with this decision so I'm not saying a word. He then says I don't want to say anything that might not be true because then you will be mad at me. I can sort of understand that logic. However, then in front of everyone in the room (about 5 vets and 3 VA employees) he says I also don't want you coming back and beating me with your cane hahahaha. Then a woman from the VA says oh I want to see that one. I am so pissed by now I tell him (he is a large African American by the way) I'll drop the cane and go outside right now. The woman VA employee then says you must be on too many drugs and laughs. Finally the rep says why don't you go see your SO. I said okay.

I go down and verify yes I am P&T and sure enough in the letter I didn't get it says my back (which is chronic in nature, 13 years in the making, 2 failed surgery including L3-S1 fusion, I am scheduled for a spinal stimulator because I am in 5 times the pain after this last surgery) has a good probably of getting better down the road. My SO does verify I am P&T. I also have 10 service connections together with many on appeal and have a good chance of getting 100% on the schedule because I was 80% prior to TDIU.

I really don't care about the future exam. I am used to fighting these clowns and will win again. It's BS yes but what are you going to do. What troubles me is if I never inquired I would not have known I had DEA and CHAMPVA benefits. Why did I get a different letter than the RO and SO had on file. Then on top of all my troubles here I just go to the RO to get a copy of the decision letter they didn't send me and I have to have a receptionist tell me I'm not P&T when 1 thats not her job and 2 she doesn't have the knowledge to talk to me about my case. I have a VA rep come out and basically say I know nothing and won't say anything. Then he embarrasses me by saying he doesn't want me to come back and beat him with my cane. I thought for once the VA had some integrity by giving me TDIU and P&T which I rate and then I have to find out they hid a letter from me and the VA workers think it's funny I need to use a cane. These people disgust me.

[dav_marine72]

Yes that's a good pint. Hence why I am hoping for 100% schedule and SS. Based on that with the spinal stimulator, monthly pain clinic for opiates, monthly shrink visits, etc. I hope I will be able to shoot anything down they try. Can I actually ask for no more exams or is that not an option for appeal? LOL. Wishful thinking right?

[Pete53]

My experience with VARO is that as a group they are afraid of Veterans and how they will react to the games that VA plays with them. In Waco TX they have their own gated parking lot and a private entrance. When I was looking for a rest room I thought the VA Federal Guards were going to shoot me cause I was wandering into a wrong area.

[dav_marine72]

LOL I agree Pete. I always wondered why do we need to go through metal detectors? LOL. Funny thing is the VA police are usually more like us. I also BS with those guys. They just sit around all day anyway. Yesterday I got two Marines and were talking for about 30 minutes. You know I've always worked and made good money with my disabilities. I guess it made me not feel as screwed with by these people. Now that I can't work and I rely on them I feel very vulnerable. I actually have not been sleeping well since I got TDIU. I don't feel well thinking about how the government is in control of me supporting my family. Then I have to hear about future exams and I think about how I'm not out of the water. I feel like I have no control.

[tssnave]

dav marine 72,

You stated you have a copy of your cfile - do you have a copy of your most recent Codesheet?

This is NOT your Decision, it is a separate paper generated with each Decision that you only get when you get a copy of your cfile or specifically request it.

The Code Sheet has your Future Exam Date and it should read "none" if you are P&T. If you have DEA then you are P&T and as I understand it, you should NOT have a future exam date for any of your disabilities.

However, having said that, the VA can call you back in for an exam at any time no matter what your rating.

If you have a VSO, ask him to print you a copy of the Code Sheet.

Here's a link to the M21-1MR covering the Codesheet. Go to the last page to see what one actually looks like.

http://www.warms.vba.va.gov/admin21/m21_1/...6/ch06_secd.doc

Hope this helps,

TS Snave

[cowgirl]

Dav Marine, really good advice from Deltaj. (I keep learning so much reading her posts!)

Sorry things escalated to that degree and hope the next staff members, whatever their race, will be more professional to you next time. Hey, I don't work at the VA, and have regretted things afterwards, not having spoken up. Then its a 'redo' for me, retracing my efforts there once again. Your experience reminds me when I requested my records and a letter of my rating, I had to fill out a formal request form. And I only got a few pages instead of the volume requested. Even at my age, I keep relearning the details are in the paperwork, when the non busy receptionist said 'the paper only says.x x x..". Ah ha, took me less than two minutes to fill out the form in specific detail. worked. No one else was in the room - grrr!

Your future exams TBD are interesting and alot to keep up with. Myself can't live without my calendars on computer and telephone, be lost without em.

All the best to ya,

Cg'up2009!

jbasser- interesting office information, lots of cubicles and small spaces, eh? Saw a tiny comp and pen office, felt sorry for the staff, looked all stressed, hooked up to telephone headsets, telephones in the other hand, keyboard & computer screens, stacks&stacks of records, well used big white status board, no windows, etc. Think the person who helped me was glad to get a break for the 60 seconds I was there.

Shouldn't the Adjudication division be located inside the Regional Office. The only claims issues the VAMC deals with are the Claims and Pension section and are the only VBA employees inside the hospital. Unless the RO is located inside of the VAMC.

http://www.wbdg.org/ccb/VA/VASPACE/7610-821.pdf

J

Edited October 1, 2009 by cowgirl

[LarryJ]

dav marine 72,

You stated you have a copy of your cfile - do you have a copy of your most recent Codesheet?

This is NOT your Decision, it is a separate paper generated with each Decision that you only get when you get a copy of your cfile or specifically request it.

The Code Sheet has your Future Exam Date and it should read "none" if you are P&T. If you have DEA then you are P&T and as I understand it, you should NOT have a future exam date for any of your disabilities.

However, having said that, the VA can call you back in for an exam at any time no matter what your rating.

If you have a VSO, ask him to print you a copy of the Code Sheet.

Here's a link to the M21-1MR covering the Codesheet. Go to the last page to see what one actually looks like.

http://www.warms.vba.va.gov/admin21/m21_1/...6/ch06_secd.doc

Hope this helps,

TS Snave

I think what he is trying to convey is that he IS rated Totally Disabled, P&T, for SOME of his disabilities, BUT, he has STILL PENDING, another problem/claim, not associated with his P&T rating, for which he can be examined in the future.

Interesting concept, veddy interesting!

Correct me if I'm wrong.