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!

[AJ2058]

John999: Thank you very much for all the help thus far. I am not quite sure I am understanding the first part of your reply, you said "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." I think you are just using this as a example, because in my case I was awarded 100% in Jan of 2009, however my wife only applied for Chp 35 about a month ago, and the denial we received a week or two ago. So for my case, if I did a NOD now for denial of Chp 35, and I won, it would be retro to the date of the denial. Am I understanding this correctly? Also you had said, "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 __/__/__." With this, who exactly am I writing too at the VA, and if I do this does it open up a whole new claim? What I mean by that is, the way I understand it is when you file for an increase, or to add conditions it gives the VA the right to go over all of your conditions. So would filing a NOD for Chp 35 do this? Now to answer your questions, which I do not have a problem at all in answering. How can anyone expect help if their not willing to be honest and answer some questions. So to start, I am 30 although will be 31 in a few months, and my wife is 28. She would greatly benefit from using Chp 35, although she does already have her BA, she recently applied and was accepted into an Masters of Business program which is what made us have her apply for the Chp 35. The education benefits would greatly help, as it would pay for close to 2/3 of the MBA. You also asked if any of my claim was based on Mental health issues, which yes they are. If you dont mind me asking why you were curious about this? I do however know that I need to show that my symptoms are static, and am going to talk with the doctors to see how they feel about putting it in writing. I realize that, regardless of how I feel I do need to continue going to the doctors, so I have recently made appointments to begin being seen again. Although I am not sure how the VA looks at it, all of my conditions started more than 5 years ago, which the schedule does say that after 5 years a condition is considered to be static in nature, although I am not sure how that works and if they dont look at the date of injury or the date of award? Thank you very much for the help John999, and I hope to hear from you soon.

Pete53: No reason to feel sorry about being "Negitive." Honestly, I dont consider you being negative, I consider it being honest because when it comes to the VA in my short experience with them most things are Negative! However with that being said, and please correct me if I am wrong. Being P&T has nothing to do with not being able to work. Although yes I am lucky in that I am able to work, and will not debate that many people have conditions much worse than mine that prohibit them from working, unfortunately for me all of my conditions are bad enough to equal 100%. Most days it is hard for me to work, but I know if I dont there wont be enough money for the bills. As for the Perminant part, from what I read in the schedule of rating, at least I think it was the schedule, a perminant condition is a condition that has not improved in the past 5 years which is considered to be static in nature and not likely to improve. Now for me, unfortunately as well my conditions are not likely to get better, which I do know I need to get my doctors to put into my notes or write a letter that states it.

71M10: That is what I figured, that it just may not be worth my time to go and apply for SSD when I am still working. Although I guess that in the end it could be worth it for a couple of reasons. One is, well to be honest, I dont know how long I am going to be able to work, or at least work at my current job. And the second would be that if their doctors saw me and agreed with everything, it would just give me more evidence to support my injuries.

Again, thank you all for the help and continuing to come back and follow up with me. It is greatly appreciated, and it is a great relief to know there is somewhere to come for help. Also, anyone on the East Coast, best of luck this weekend with "Irene," and I hope everyone stays safe!

Semper Fi

Andrew