ptsd 100% But Not P&t

[hoagie]

I was just awarded 100% for PTSD, but they are going to schedule an exam in 5 years.

I don't believe that I will ever return to work (I am 56 ) and have not had any real improvement since the onset of it 3 years ago. I also receive SSDI for this condition.

Should I appeal this or is there a chance I could get a lesser rating? Also, does anyone know what the statistics are as far as how many in my situation lose their rating on a follow-up exam (or is the exam just a formality?).

Need some guidance here.....Thanks.

[hoagie]

I had your same concerns, I am 61 and have not worked since 99. I am rated at 50 % and had a 3 yr review. Jim Strickland a respected advocate, would reccomend you stand pat. I stood pat after I appealed the 50 %. After the appeal, and the 2nd interviewer flat out lied, He only aske d me 1 question after lecturing me for 45 minutess on a totallly unrelated topic. He never asked 1 question about ptsd until the last 1 minute. I said Im mad as hell and you are a f......ass......

He said we were done and my rating was retained. The report he wrote was a total fabrication, I appealed and was denied.

My 2 cents says count your blessing, find a good psychiatrist, and pray they are honest with you.

I feel for you brother i really do. Don't turn this stone over, there is a very bad scorpion underneath. Ant additional review can reduce your award as well as increase it.

No I am nobody, don't know beans but I just gave you my pound cake, get my drift......

Ron Prince

Opinion is worth 2 cents from me....add it to your award.......

Thanks....your point is well taken. However, I find it hard to believe that they can go against their own directives (i.e Title 38). Title 38 is not a suggestion...it is the law! Tell me what I am missing here, I just can't believe that they are not challenged on this!!

[carlie]

hoagie,

This is what I suggested for you to see if your doctor's will put in writing for you.

" i) When the disability is established as static;"

[john999]

If you appeal and win the denial of P&T the effective date will be the date of the decision to deny. I appealed when my P&T was denied. Get the medical evidence that you are permanently disabled. We both know that anyone over 55 who is 100% disabled will never return to work. Who would hire you?

[Testvet]

John have you looked at the age of the Wal Mart door greeters? None of them are under 60 here where I live but then again it's probably the only job in town that does hire old people and they can't hire all of us I had my 7 year review from SSD this summer and I am safe until I turn 62 now I just want to live that long rofl since I won't let the VA docs put that heart defib implant in they said there is no reason for me to return to the cardiac clinic ok saves me 2 trips a year to the VA my PC doc still can write the meds I need if I need help in case of a heart attack I will have the ambulance to the nearest ER and worry about fighting the VA after they stabilize me about paying the bills but there are NO jobs for older people most companies don't like hiring mid 40 year olds let alone 50 somethings and we all know there are not enough security jobs that let you sit and watch monitors for 8 hours and some of us can't sit for 8 hours let alone stand for 8 hours with my bad back I am always moving up and down I hurt after 15 - 30 minutes in one place

[navydoc2]

Did the VA decide your case using the SSD information?

[hoagie]

hoagie,

This is what I suggested for you to see if your doctor's will put in writing for you.

" i) When the disability is established as static;"

Both the psychiatrist and psychologist agree that my situation is basically static and I got letters from them. I forwarded a letter (along with their letters) to my VSO at the RO stating that due to an error the VA should reconsider. I also quoted the title 38 "reexamination" paragraph (3.327) which says that no reexam should be scheduled "In cases of veterans over 55 years of age, except under unusual circumstances". Believe it or not, they acted like that was the first time they had seen that article! Anyway, my VSO talked to one of his friends who is a DRO and they say that the VA will probably do what they called a "reconsideration" and have it changed within about a month. We'll see!!! (and only then will I believe)

Navydoc....yes the VA did consider my SSD information. At least it is mentioned in the decision letter.