tdiu Being Investigated! Help!

[Sabrina]

Hi Everyone,

I have been a lurker on here for many years and all of the information here has help me so many times understand the VA system.

I am a 32yo female veteran. I was discharged in 2001 after being diagnosed with avascular necrosis of the right femoral head, and having a fibula graft surgery to help correct it and postpone a hip replacement.

When I got out, I had no idea what the VA even was. I went there and had my exam, didn't know what to expect or even what the benefits were. I got a rating back of 80%, which is not 90%. I also have individual unemployability, and have for a few years. All of this is due to serious chronic pain. Some days are worse than others...but it definitly inhibits me holding a job. Life and how I am feeling is so inconsistent, that working full time would be impossible. Due to the chronic pain...I have developed serious depression and anxiety issues. So that is the just of it without getting into serious detail.

Well, last year sometime...a friend opened up a fitness studio. I have a degree in health and wellness and she asked for my help, a meeting of the minds you could say. I taught her how to put together classes and went to some of the classes to help instruct...but limited in how much I participated. I only could help out for about a month, and then had to stop, due to the extra activity, seriously aggravating my condition.

Well, it is almost a year later, and my friend from the studio called me saying that an investigator was in asking questions about me! Asking if I have ever sold her my pain medication!!!!!! I am so embarrassed! It is something I have NEVER done! And continued to ask if I ever showed any pain, and why I was even there in the first place.

Today she called again, and I guess he went to see 2 of her clients. I have no idea what he asked them. They do know of me, but hopefully they filled him on that I was only there for a short time due to my condition.

Mind you, I was never paid. She is just a good friend and it was a way for me to stay sane and interact with adults, rather than hiding at home all the time. (it is in my medical records that my doctor would like me to engage in meaningful activity/volunteer ect outside the home, for sanity purposs).

Ok...so I know I have not done anything wrong, but I am still freaking out!!!! I have 3 small children, ages 1, 3, and 5 and am married. I stay home with the little ones of course and really keep to myself.

I am really not sure how to approach these accusations. I called the VA here in Maine, patient advocates and my rep, and in their offices they see no reports of investigation, but he definitely showed his badge, and I know he is from the government.

The fact that I am being followed and spyed on gives me the creeps!

Not to mention this is messing with me emotionally. I know that if i have done nothing wrong, then I shouldn't have to worry right, then why do I still feel so awful!

I feel I am a victim of something. I have a couple people that I know dont care for me....and have a weird feeling I may be a victim of slander, but who's to say.

Any advice?

Losing my mind a bit.

Warmly,

Sabrina

[Sabrina]

The easiest way to find out is to have your service officer pull your C-file. If it is not on station he/she will be able to ascertain the location of the file and what agency has it. Quick and easy. When they investigate you, they request your C-file.

Thank you...I will call my rep today and mention that. Although, I guess it is obvious now that I certainly am being investigated. All I do now is wait for the investigator to call me back, if he ever does. And take it from there.

[Sabrina]

Update:

Never heard back about anything. Perhaps he didn't find any negative stuff he was digging for.

One thing is I have a c+p tomorrow. Mental and then the physical a few days later.

I JUST had a review last year!!!

Rep says its probably because I was under a microscope for stuff..and they are just checking on me....ugh!

I have been at this rating for coming on 10 years!!! 90% IU

At what point do they stop reviewing you? I am only getting older (32 now) and med. records getting thicker. Still dealing with serious chronic pain (tons of MRI's and not an official diagnosis....bone disease is controled and no further bone death)...so why do I hurt soooo bad??

Don't they get sick of seeing me every other year?

Docs say...YOu need a hip replacement..but want to try and wait till age 50. Well...what the heck do I do for the next 20 years?

Rep says have docs write notes about condition not changing..and try and get p/t?

Any advice?

[augoldminer]

There are a few people out there that are busybodies that find out someone is on disability but don't look sick will turn the person in just to cause trouble.

I have heard from other veterans that one person claims that they see me riding around on a bicycle and i don't look disabled. true i do ride on a bicycle around town when the weather is right. as per doctors orders

This person also claims to have turned me in to social security for disability fraud and wonders why i keep getting away with the fraud.

The person does not seem to understand that i am not on SSI/SSD but i am on veteran disability pension 90% and 10% service connected. So likely SS just throws the complaint in the round file.

Yes many people on disability do not look disabled but are.

I have fibromyalgia, cronic insomnia sleep apnea, neuropathy, stage 4 sleep disorders, Sarcoidosis, Have had a heart attack with 5x bypass. and scarring of the right ventricle.

I don't give in to my health problems.I don't give up. That may be why some people don't believe i am disabled.

[broncovet]

I would humbly suggest you not worry about it if you have nothing to hide. There are many disabilities that are "invisible" especially to the untrained person. Those people who see you riding a bicycle or teaching a dance class are not your doctor and are not trained to diagnose and treat illnesses or injury. Even if they are a doctor, they are not "YOUR" doctor, and have not seen your medical tests or history. If your doctor testified as to the nature of your injury/illness, and I am sure he did or you would not be recieving benefits, then unless you lied to your Doc, you have nothing to worry about.

People are accused of crimes every day, and it is the burden of the government to prove your guilt in America. "Innocent until proven guilty" is one of the freedoms we Vets have risked our lives for.

I am Hard of hearing. However, if you speak to me in a quiet room, and you have a deep voice, then I can respond to your questions and you may not know I have a hearing loss. However, 4 Audiologists have tested me and confirmed that I have moderate to severe bilateral hearing loss. All of them have consistent results as far as the numbers. People are sometimes suprised that I am HOH. They dont make us wear T-shirts that say, "Deaf or Hard of Hearing". People with disabilities often use a variety of methods to compensate for their disabilities. In the case of hearing loss, we use many "tools" to understand: We learn to read lips. We also often "guess" what people say. We respond in a manner that does not require our understanding what they said. ("Sure is beautiful weather out there today!") We even ask them to repeat as people with good hearing also get distracted and ask to repeat. We take cues from their body language. We do most of the talking, so we dont have to hear their response. These are just a few things we do...we dont always want to explain to everyone we meet that we are HOH, and we are not required to do so. Even when applying for a job, the disabled person can choose to disclose or not to disclose on the interview. There is much talk on disability forums on whether to disclose your disability or not, but in the end it is a personal choice, and you are not required to disclose to each person on the bicycle trail that you had pain this morning and went on a bike ride to try to get away from the pain. The law does not require you to deal with your disabilities in a way voted on by the people to be "normal". Just because they think if you have pain, you should be in a hospital crying and weeping, maybe you think a bike ride helps releive your pain. It is not against the law for you to block out your pain long enough to go on a bike ride or teach a dance class.

I would add that even a doctor does not/ would not "diagnose" my hearing loss, unless he was trained in audiology. The only medical opinion "competent" to diagnose, treat, or do a C and P exam is one trained in that medical specialty. The MD's I see all rely on the audiologists tests and opinions....they would not start to offer a medical opinion in an area of which that had no expertise. Anyone who is not trained in that specialty is not "competent" to opine my medical conditions. The investigator is not either, nor is his nosy neighbor.

Edited September 27, 2011 by broncovet

[Sabrina]

Thanks for the kind words ;-)

My worry about all this ended a while ago...why worry if I live an honest life. I just say, "bring it on"!

Today I had the MH part of my c/p review.

I always leave there feeling i didn't say all that I needed to. UGH! Oh well. I have anxiety issues..so of course I get all anxious and sad when I have to talk about how everything has affected me. My mouth got super dry..and I had a hard time giving complete thoughts. I feel so scatterbrained!

She seemed really nice though. I may not have been the most organized with my thought process..but I told her how it is.

10 years at 90% and IU....

She told me wow, thats a long time...why do you file for p/t?

I just never want to stir the pot I guess..but geeeez! I think its safe to say now..that my chronic pain and MH issues will not be going away.

My physical part is next week.

The long waiting process begins......again! Till that envelope comes in the mail.

[john999]

I, myself, have never heard of any vet being investigated the way you are talking about in your post. It sounds sinister to me. I know if you are TDIU and earning 50,000 bucks a year you are probably going to have a problem, but nobody comes sneaking around except via your IRS/SSA records.