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.

[Quint7]

Just read this post and saw that "without the back" you might not rate 100%. But I also saw that you have a spinal fusion (same here at L4-5) and I was under the impression that a fusion itself rates 40%. I am 40% for IVDS based on ROM, but that was pre-fusion. I know that the rating criteria says something like "complete fusion of XYZ resulting in positive ankylosis"= 40% and I think Rentalguy and I discussed in a few threads if that means that every vertebre in a section (like all 5 lumbar vertebre) had to be fused or that having one fusion of two vertebre or more means that your spine is now fused either positively (0 degrees from straight up and down) or negatively (had to be fused some degrees forward or backward a little bit). The consensus seemed to be that having a fusion of any level = having ankylosis of the entire section (either positively or negatively) and that therefor at least rated the 40% for a fusion with positive ankylosis.

I still don't know for sure and if I'm called back for an exam I will make sure to have the regs that show that 40% for a fusion with me since the only thing to change would be my IVDS would be lowered (not removed as I still have it at L5-S1 and want to make sure that the side effects remain rated) and the 40% would be listed under spinal fusion.

Don't know if that helps or if it is correct, but wanted to bring it up.

[darkhorse]

This is uncalled for since you get so many more benies (excempt property tax..etc), discounted fishing liscense hunting liscense

and more and more......I would have showed this letter to that RO helper person in front of everyone in the room. You have a right to know if you're P&T. I feel for ya having to go through this mess.

dh

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]

Thanks tssnave and darkhorse. Yeah I forgot mental was 70 and then 100.

Thanks quint great information!

Thanks darkhorse I appreciate the support!

[broncovet]

Pete

I think the VA has very good reasons to be afraid of Veterans that they have made homeless, delayed or denied their claim for years etc! I keep thinking some Vet that the VA "put it to" (there are millions) is going to go off the deep end and take some weapons and hold VA employees hostage while he demands they work his claim. I just hope the hostage situation would make the 6:00 news, I am actually surprised that it hasnt already happened. (Maybe it did happen and the VA just kept it quiet because they did not want to answer why it would take 10 years or more to "process" a Vets claim).

Maybe that is why VA hospitals are so liberal at giving out PTSD Vets drugs. Its like the VA is saying..."well, no we wont give you any money for your PTSD, but here are some drugs instead. Wouldnt you rather we give you drugs, than to give you money, because the drugs YOU would buy are not as good as these. These are prescription quality drugs, and you just never know what you would be getting on the street."

Edited October 13, 2009 by broncovet

[darkhorse]

I've noticed in this PTSD era the RO's have stepped up security with metal detection and officers with guns.

dh

Pete

I think the VA has very good reasons to be afraid of Veterans that they have made homeless, delayed or denied their claim for years etc! I keep thinking some Vet that the VA "put it to" (there are millions) is going to go off the deep end and take some weapons and hold VA employees hostage while he demands they work his claim. I just hope the hostage situation would make the 6:00 news, I am actually surprised that it hasnt already happened. (Maybe it did happen and the VA just kept it quiet because they did not want to answer why it would take 10 years or more to "process" a Vets claim).

Maybe that is why VA hospitals are so liberal at giving out PTSD Vets drugs. Its like the VA is saying..."well, no we wont give you any money for your PTSD, but here are some drugs instead. Wouldnt you rather we give you drugs, than to give you money, because the drugs YOU would buy are not as good as these. These are prescription quality drugs, and you just never know what you would be getting on the street."

[john999]

Yes, the VA gives us drugs so we don't have to buy them on the street. First, they addict us and then they become our suppliers. You know if you have been taking opiates for a few years you are addicted at least physically. If you were to have any problems due to the VA induced addiction the VA would then throw you to the wolves. Many of the PTSD drugs are addictive even non-opiates. Lyrica is addictive for instance. Anyone with chronic pain is in a world of bad alternatives. I have been taking opiates so long they don't even work anymore unless the VA starts prescribing heroin.