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How To Get P&t

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JOHN1

Question

63 yr old male and two small children and out of work wife.

Have been 100% PTSD for 2 yrs. C&P scheduled in Feb 2012, then 2015.

How do I get to be P&T for the benefits for my kids.

Have always made my regular appointments with the va doctor and GAF always 50.

My condition has worsened if anything.

My question:

1:Should I and can I apply for P&t

2: On these C&P re-exams, which scare me to death, what are the chances of being reduced, which would push me over the edge as I can't be around people and can't work.

3: On my regular pysch doctor appointments he always wants me to try new medications and I politely refuse and I have be through them all, now on maximum Zoloft dosage. By not changing will the board take this as a negative or uncooperative attitude. The doctor allows me to continue Zoloft upon my request as it is the only thing I tell him work better than others. Symptoms same but tolerable.

Please Help!

God Bless

John

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JOHN1 - I would request P&T, as soon as possible. Actually once the claimant is 55yo or over they should be rated P&T (ie: no future exams). Applying for TDIU is an application for increase and therefore the VA will probably do a re-examination, as they like to have something to fall back on, that supports their decision, either way. Yes, they could reduce, however it's highly unlikely they would do it and it's usually an easy win to stop the reduction.

If it's been more than one yr, since your 100% award, you could also CUE that decision, stating that they failed to award you P&T, as required by VA policy. That could bring you a retro active award of P&T and ChampVA(if you have some medical bills either paid for or still owed, for that previous two yrs). Also, did they consider A&A or Housebound(HB) in that decision?? If not they should have and I would pursue that, if you feel that it's appropriate. Just a few thoughts.

As to your medications, you are not required to take any and whether you do or not should not have any affect/effect on your claim. I've taken meds for my 100% PTSD three times, for about three months, in the 22+yrs I've had my 100% award. jmo

pr

pr,

I'm lost on this one.

Even if a year has passed - yes, the decision becomes final - but from what I've read so far, the issue of P&T was

adjudicated on that decision and he has been scheduled for future exams in Feb 2012 and 2015.

I don't see where the cue is ?

Are you referring to the portion of the regs that relate to 55 yrs old to relate to a claim for cue ?

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  • HadIt.com Elder

Yup, carla, that's what I'm saying. They need to follow their rules, and if they don't, explain "like hell" why. jmo

pr

pr,

I'm lost on this one.

Even if a year has passed - yes, the decision becomes final - but from what I've read so far, the issue of P&T was

adjudicated on that decision and he has been scheduled for future exams in Feb 2012 and 2015.

I don't see where the cue is ?

Are you referring to the portion of the regs that relate to 55 yrs old to relate to a claim for cue ?

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I just finished filling out the FM 21-4138 requesting my 100% PTSD status to be changed to "Permanent and Total" with no further exams.

I did so based upon:

1> My age is 63 yrs old

2>My unchanged and worsening condition (PTSD)

3>Inability to work

4> The VA' recognition of my PTSD status since April 2006 (30%) then to 100% March 2009) which exceeds five years.

5> Further exams would be detrimental to my health (mental and physical.

Have attended all requested appointments by VA.

Still see my therapist on regular basis.

Also stated I have not worked since 2005

ANY SUGGESTIONS TO ADD?? Should I request the effective date to be earlier?

What office address do I send this certified/return receipt too?

God Bless

John

Edited by JOHN1
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  • HadIt.com Elder

Send it to your VARO where your C-File is at. Good luck. At your age you should probably been rated P&T when you got 100%. I would drop number (5). If you are 100% schedular you should have been considered for HB when you were rated.

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