hypertension Can Someone Please Respond? I'm Going Nuts!

[Alpha Male]

Hi,

First, I want to thank everybody who contributes to this site. The information I gleaned from Hadit was the key factor in putting together my claim.

I am currently rated at 70% since 1998 (50% bipolar, 10% left knee, 10% right knee, 10% hypertension). I was shot and nearly killed during a robbery in Dec. '04. My friend was killed in the incident. I had 4 subsequent major surgeries to repair the damage, including a colostomy and a colostomy reversal 1 year later. The Physical and emotional trauma has scarred me forever. While recovering, I turned to drinking to escape. Since the shooting I have only been able to work for 6 months total. Now, I am homeless. I drank myself out of house and home. I have tried to commit suicide on two occaisions in the last two years. I was hospitalized on the Tucson VA hospital psych ward on both occaisions for a total of 11 and 20 days respectively. During the last stay, I was placed in an intensive SATP (substance abuse treatment program). The program has a dual-diagnosis track for mental illness-substance abuse. This program requires 3 months participation on an inpatient basis. They provided me with housing and the tools to get clean. I graduated the program in the spring and was encouraged by my case manager to file a claim for increase for bipolar as my disorder was exascerbated by the PTSD from the shooting. He also told me to apply for TDIU as well.

I filed my claim on July 23rd and to my surprise, when I called the Phoenix, AZ RO on Dec. 4th to get a status update, they told me my claim has been decided on Dec. 3rd and to expect the determination letter in the mail. I called my Purple Heart VSO (who was absolutely no help at all other than mailing the claim I put together) to inform him of this. He told me to call the Phoenix branch of Purple Hearts. They told me that the claim had not been finalized and that it was being sent to Seattle, WA for post-determination proccessing. My question is, is this a harbinger of good things to come? Is this par for the course? Why would the VA rep tell me to expect a letter in a week but the claim hasn't been finalized? Why would it need to go to post-determination if I were being denied? Also, aren't I entitled to 100% pay for the three month inpatient program since it treated my bipolar as well as my alcoholism. I am still homeless and living at the Comin' Home shelter for homeless vets (they are awsome to me) in Tucson. I thank God I am sober 11 months and trying to turn my life around. I don't know if I can go another round with the VA. I lost a claim for increase in 2007. I was denied outright. I wasn't as prepared as I was this time. Thank everyone who contributes to this. :(

[Alpha Male]

John, you are absolutely correct. I just called the VA and they said they sent it to Seattle because the claim has a Dec. 14th "suspend date," meaning that they have until that time to finalize the claim. The rep told me that the AZ, RO sent it to Seattle because the RO there was less busy. She also said they sent my determination letter yesterday, and I should have it in my hands by early next week.

BTW, I pay the child support and spousal support directly from my pay to the state of PA. I incurred two overpayment from my G.I. Bill a couple of years ago. I started classes and did not complete them. In the state that I was in, I just kept collecting the checks, but was too drunk/lazy/depressed to go to school. They are right to deduct that from my comp & pen. I don't like blaming everything that goes wrong in my life on bipolar. Mental illness or not, at some point, I must take personal responsibility for the things I screw up and I'm doing that now by paying my debts and making amends to the people I've harmed in my life. I am fighting the apportionment, because my ex-wife is "double-dipping" by getting the child/spousal support that I pay directly to PA and taking the apportionment. I was told that I will win the apportionment battle, but that it will take a few months to complete, just like all claims do. I also have to deal with the state of PA on the spousal support issue, becasue as I said, we've been divorced for 11 years. I pay it now because I don't want a warrant hanging over my head for failure to pay.

As always, Thank You.

[Alpha Male]

Addendum;

The VA rep who is handling my apportionment claim said that the VA detests giving apportionments to ex-spouses because they are not the ones who served or sacrificed for this country. They have to do so by law. All the VA wants from us is a "shred of evidence suggesting that the apportionment is not fair or would cause an undue hardship to the veteran" (his words exactly) and they would move quickly - not only to overturn it, but to recoup all the money that was doled out to the ex-spouse. He said whether I believed it or not, when it comes to stuff like this, the VA is "firmly" behind the veteran.

[carlie]

John, you are absolutely correct. I just called the VA and they said they sent it to Seattle because the claim has a Dec. 14th "suspend date," meaning that they have until that time to finalize the claim. The rep told me that the AZ, RO sent it to Seattle because the RO there was less busy. She also said they sent my determination letter yesterday, and I should have it in my hands by early next week.

Alpha,

If they haven't finished the claim by the suspense date -

then they just chaged the suspense date and make it further

down the road.

They can do this numerous times.

jmho,

carlie

[Alpha Male]

Just wanted to let you guys know that I WON! I got the determination letter today and the retro hit the bank today as well. The letter states no future exams scheduled. It also mentions a chapter 35 award for my sons to help with their education. I cannot explain how happy I am. I owe so much thanks to the folks here at hadit.com. You guys gave me the impetus and the correct strategy to go about filing my claim. I thank you all, especially Carlie, John and Larry.

Now I need your prayers so that I will remain sober, sane and do the right thing with the income. I am gaurding myself against a manic episode.

This is going to be the best Christmas that my sons and I ever had!

I have questions about future employment and dental coverage, but they can wait as I'm still trying to digest everything in the determination letter. I'm just trying to figure out my next steps. SSDI perhaps?

Thank you all again and God bless all of you.

[Bonzai]

Congratulations! ;)

I got mine a couple of months ago. As far as Dental goes: I just stopped by the Dental department, during one of my regular appointments, and scheduled a preliminary dental appointment; I have always had problems with my teeth, and was not surprised when they said that they would have to pull some of my teeth and give me partial dentures. Not looking forward to it, but really looking forward to having my dental problems finally addressed.

Since you are now 100% P&T, the major diagnosis being Bipolar, means that the VA has determined that you are unable to work. So if you find gainful employment in the future, then I would expect that your rating would be decreased. 100% for mental disability is different than 100% physical disability, whereas 100% physical can work as much as they want. At least that is my understanding.

Edited December 17, 2009 by Bonzai

[LarryJ]

Congratulations! ;)

I got mine a couple of months ago. As far as Dental goes: I just stopped by the Dental department, during one of my regular appointments, and scheduled a preliminary dental appointment; I have always had problems with my teeth, and was not surprised when they said that they would have to pull some of my teeth and give me partial dentures. Not looking forward to it, but really looking forward to having my dental problems finally addressed.

Since you are now 100% P&T, the major diagnosis being Bipolar, means that the VA has determined that you are unable to work. So if you find gainful employment in the future, then I would expect that your rating would be decreased. 100% for mental disability is different than 100% physical disability, whereas 100% physical can work as much as they want. At least that is my understanding.

No. incorrect.

IF you are 100% disabled, schedular, in other words, if your disability percentage(s) add up to 100% (or more), then you can work as you wish (the VA is the largest employer of 100% schedular disabled vets).

IF, on the other hand, your 100% monthly payments are because you have filed and were awarded Total Disability due to Individual UNEMPLOYABILITY (TDIU), then you best not be caught working, and, this applies whether you are TDIU due to physical OR mental disability (no difference between physical and/or mental). Many, MANY veterans are TDIU due to Mental AND Physical disability, so how you would go about figuring out which "portion" of your disability would allow you to work, and how much you could work, would be a contest that even the VA (the ones that came up with VA Mathematics) couldn't parse.

No TDIU = work

Work = no TDIU