ptsd Could Use Some Help And Advice?

[AJ2058]

Good Morning Everyone,

I am still new here at Hadit, but am in need of some help. Just a month ago or so my wife applied for Chp 35 Dependents Education benefit, and about a week or so ago we received the letter say that it was denied due to myself not being P&T. So now at this point I am not sure what to do, with it they included a form that I believe was a "statement of claim," cannot think of the claim number and do not have it in front of me.

To give a little backround, I am rated at 100%. It was nothing but an uphill battle. I discharged from the Marine Crops in March of 2007, due to a condition in my legs that incurred(partially, ill explain more) while in Iraq the second time in 2004. It is called compartment syndrome, and when they finally figured out what was wrong with my legs in 2005 they decided to operate on my left leg first (bilateral condition) the doctor cut a nerve and I can no longer feel the lower half of my leg and foot, and there is also some motor problems now. Obviously I decided it was not in my best interest to have the operation on my right leg and was medically seperated with only 10%. The military failed me, in that they told me I could only go to the MEB for on condition so I decided on the problems with my legs, even though I was already being seen for PTSD, TBI, and numerous other problems.

To jump ahead, when I was already discharged and received my first award letter from the VA I believe it was for either 30 or 50%, and started appealing. Each time it was raised. Finally I had enough and went to the regional office and began talking with the Director of our regional office. Now at the time I was a 27 (maybe 28) year old Jarhead, and I am sure that he though I would just be a push over and eventually just go away, especially seeing as I didnt have a lawyer and no law training of my own. The key is I know how to read. Basically I have read the VASRD from cover to cover and found every peice of information that they have in it that would play in my benefit. When he finally started to see that I wasnt just going to go away he scheduled an appointment with me and my wife (shes about the only one who can calm me down when I start getting upset), himself and a claims rater. Before this I went and went through the whole VASRD again and marked in my medical records what the rating should be based on the Sch of Ratings, and why based on the VASRD they previously rated me wrong. The meeting concluded and when I received the award letter it was for 100%.

So this is where my problems begin. I noticed then that no where did it say I was P&T, but because I was fighting for so long and finally got the 100%, in a way I just did not want to "beat a gift horse in the mouth" even though I know that it wasnt a gift, it was earned. Since then though, I have just basically stopped going to the Dr, partially because I just do not trust any of them, and also because of the dozens of things I have tried, nothing helps. They sent me to Physical therapy for my legs, knees, and ankles, which I went to for months only to have the physical therapist tell me we should stop because there is no improvement. It took me years to finally find a psychologist that I trusted and could open up to, only to have him quit the VA a couple months later. A primary care Dr that I had, checked pulses with his thumb, I mean come on even I know you shouldnt do that cause the thumb has a pulse of its own! On top of that, it was just tiring, I would go to the VA basically every Friday for appointments, and be there 5, 6, 7 hours going through all the different appointments, and that was every week. Not to mention the drive, it just doesnt seem beneficial for me to drive 30-50 miles (depending on the clinic) just to have the same result each week.

So basically now, I am just not sure what to do. Many of the Dr's have told me that the conditions will not get better, and I know that obviously at this point PTSD is not curable, nor do I believe is any of my other conditions, but I do not think the doctors have written it in my records or notes. In some ways I am worried if I were to appeal the decision for benefits they would see that I have not been going to the Dr's and decide to try and lower my rating. I know I need to get in there and start being seen again, and have since made numerous appointments with many of my Dr's, and am trying to find a psychiatrist local to me that I can go and see, because the PTSD is certainly not getting better. I know that for a fact when my wife will come right out and tell me I am getting worse!

Again though, I am just looking for advice and help on what to do. I have heard of people appealing and having their ratings lowered out of spite in a way. I have also tried reading through many of the forum posts but none that I could find seemed to fit my situation quite right. One I did read though suggested to someone who was denied as well stated that they should just refile for the benefits, not to appeal, just refile. Then it went on and said that if you do appeal you are appealing to the Chp 35 people, and not to the rating department so you should be fine?

Thank you all very much for your time and help, and dedication to the veterans. For some of us there may really be no place else to turn! I appreciate all the help I can get. Sorry for the length, but this is the very condensed version. I could go on for days! Thanks again.

Semper Fi!

[71M10]

I think we have missed an obvious question here. Have you filed for and received Social Security Disability. If the answer is yes, you need to make sure the VA considers all the medical documentation that they have. Social Security and VA have to share medical information and should recognize or give weight to decisions the other agency has made in disability determinations.

Best regards,

[john999]

Can you still file an NOD on your denial of Chapter 35? How long has it been since your 100% decision? I got tdiu but was denied Chapter 35. I filed an immediate appeal. I got my P&T within a year and it was retro to the date I got tdiu.

[AJ2058]

BroncoVet: I am not sure how I feel about putting my decision letters on here, but if you would like I am more than willing to send them to you if you would like to look them over and try to help. Or anyone else that would like to see them for that matter to offer a helping hand. From what I can tell it does not say that I am P&T, it does state in one spot that "An examination will be scheduled at a future date to evaluate the severity of your service connected Compartment syndrom, left lower extremity, status post fasciotomy." This to me seems like it could be a reason that they do not consider me to be P&T, but since they have only listed one thing they want to check does that mean that they consider the rest of my conditions to be static and perminant? With that said, my left leg is not going to get better, as much as I wish it could, it wont, the nerve was cut, and that is that. Again though, I do have a pdf copy of all my decision letters, id be more than happy to let anyone take a look and offer any adivce on what I should do. I will go home tonight and re-scan them though cause some of the pages came up upside down and backwards, which believe me, its not easy to read that way, and I cant figure out how to rotate a pdf page.

71M10: I have not applied for Social Security Disability, which I guess the main reason that I have not is because I am still able to work and make more than would be allowed. I am not sure if I should still apply, that way it is on record or just let it be? What does anyone think?

John999: I am not sure how to go about filing a NOD for the denial of Chp 35? The denial did come with a form that already had my SSN and info filled in but I believe it was a "Statement of Claim," I can check tonight and let you know exactly what form it was. With that being said, if I file a NOD for the denial of Chp 35 does it open a whole new claim for me where they will go over everything with a fine tooth comb? I only received the denial letter for Chp 35 with in the last two weeks, but I received my 100% decision in Jan of 2009 (which is schedular, not TDIU). Also you said you received P&T and it was retro to your TDIU date, do you know if the Chp 35 benefits would be retro as well? If I were to appeal it and my wife started school now, and a year later they awarded me P&T back to the appeal date would they pay her back the monthly cost from Chp 35?

Thanks again to everyone for trying to help, I do greatly appreciate it. This is the exact reason that there needs to be people like you all willing to help. The VA makes it so difficult to do or understand what is going on. To be honest, many days I just dont know if I can go through the battle again by trying to appeal this. It took so much energy out of me doing all that I did. I know I rated all of it, and would eventually get it, but the toll it took on me mainly but my relationship with my wife as well is just draining!

Well thank you all again and I hope to hear from you all and anyone with advice soon!

Semper Fi,

Andrew

[71M10]

If you are working there is no sense in applying for SSD.

[john999]

Chapter 35 would go back to the date you filed your appeal. If you were granted 100% in 2009 and appealed denial of Chapter 35 in 2009 your retro Chap. 35 would go back to that date if you win. To NOD a denial of chapter 35 all you do is just write VA and say you disagree with denial of chapter 35 on date __/__/__. Was any part of your claim based on mental health issues? May I ask how old you are? Is your wife young enough to benenfit from school? Chapter 35 is a big deal considering champVa and educational benefits. What you need to show is that your symptoms are static. Most vets who get IU or 100% never work again so there condition really is static.

[Pete53]

I hate to be negative but if you are working it is going to be hard to get P&T.

However if you can get a Doctor to say that your injuries are Permanent than maybe you have a chance

Good Luck I hope you get it. In my opinion the VA should treat all 200^ the same