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Re-Evaluation Of Sc Disabilities


Capt.

Question

I'm 90% / 100% unemployable and received the Re-evaluation form letter in the mail yesterday. I have been at this rating since about June of 2011. I P&T and have Chap 35 dependent education benefits listed in my award letter. I was also retired from the federal gov for my SC conditions.

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Background:

I am 90% / 100% UI with P&T and Chap 35 dependent benefits listed in my award letter. I retired from my Gov Position because of my SC conditions, I continue to receive treatment from the VA and have not improved.

My question is this. Is this a automatically generated letter that goes out based on a trigger in the system, or is it a conscience effort by the VA. I do know it is a form letter based on some research. It seems some people get it with no appointment ever scheduled, while others do get called in. I just wondering if I need to start getting together 100's of pages of paperwork.

Also, has anyone else been through this?

Thanks

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Background:

I am 90% / 100% UI with P&T and Chap 35 dependent benefits listed in my award letter. I retired from my Gov Position because of my SC conditions, I continue to receive treatment from the VA and have not improved.

My question is this. Is this a automatically generated letter that goes out based on a trigger in the system, or is it a conscience effort by the VA. I do know it is a form letter based on some research. It seems some people get it with no appointment ever scheduled, while others do get called in. I just wondering if I need to start getting together 100's of pages of paperwork.

Also, has anyone else been through this?

Thanks

Welcome,

What letter did you receive ?

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Welcome,

What letter did you receive ?

A is required to periodically re-evaluate certain disabilities. We have requested a physical examination of your service-connected disability(ies) so that we may review the severity of the condition(s) to ensure that you are properly evaluated.

In a short period of time, the VA medical facility that will conduct the examination will notify you as to its time and place and any special preparations for the exam. You may have already received the scheduling letter.

If you do not report for this required examination, it could result in the reduction or discontinuance of any VA compensation benefits that you may be receiving. If your mailing address is different than that shown above, please advise us of your new mailing address. You should notify us immediately of any changes in your mailing address.

IF YOU RESIDE IN THE CONTINENTAL UNITED STATES, ALASKA, HAWAII OR PUERTO RICO, YOU MAY CONTACT VA WITH QUESTIONS AND RECEIVE FREE HELP BY CALLING OUR TOLL-FREE NUMBER 1-800-827-1000 (FOR HEARING IMPAIRED TDD 1-800-829-4833).

M. MARSH

VETERANS SERVICE CENTER MANAGER

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How long have you been rated at IU with P&T ?

Normally, IMO, this is not an automatically generated letter

UNLESS you are nearing a 10/20 year point for protection of benefits.

Hopefully others will chime in.

Well one of my claims effective day started (retro after years of fighting) in 05 my other wasn't back paid that far for some reason or another. I didn't fight it because i didn't want to rock the boat. I went from 0 to 90/100 ui after years of fighting.

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  • HadIt.com Elder

Background:

I am 90% / 100% UI with P&T and Chap 35 dependent benefits listed in my award letter. I retired from my Gov Position because of my SC conditions, I continue to receive treatment from the VA and have not improved.

My question is this. Is this a automatically generated letter that goes out based on a trigger in the system, or is it a conscience effort by the VA. I do know it is a form letter based on some research. It seems some people get it with no appointment ever scheduled, while others do get called in. I just wondering if I need to start getting together 100's of pages of paperwork.

Also, has anyone else been through this?

Thanks

You don't state your age but if you're 55yo or older they shouldn't be doing a re-exam, unless you're pursuing another claim. Either way they shouldn't be doing a re-exam. I would contact the old RO and check on this re-exam, as it may be an error. If they do admit it's an error be sure to follow it up w/a letter confirming the error to protect yourself. jmo

pr

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You don't state your age but if you're 55yo or older they shouldn't be doing a re-exam, unless you're pursuing another claim. Either way they shouldn't be doing a re-exam. I would contact the old RO and check on this re-exam, as it may be an error. If they do admit it's an error be sure to follow it up w/a letter confirming the error to protect yourself. jmo

pr

I am 40. I moved from one from Alabama to Florida and the letter came from the Montgomery RO, while Biloxi services where i live now. I have not opened any new claim.

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You don't state your age but if you're 55yo or older they shouldn't be doing a re-exam, unless you're pursuing another claim. Either way they shouldn't be doing a re-exam. I would contact the old RO and check on this re-exam, as it may be an error. If they do admit it's an error be sure to follow it up w/a letter confirming the error to protect yourself. jmo

pr

Ditto.

And if I could not get the above - I would show up for the exam and take a copy of my

IU / P&T decision letter with me to leave with the examiner, in hopes they will accept it into

their possession.

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Hello Peer,

I do not like anything about this. First , you have gotten a letter from your old RO and from what it sounds like you are now living somewhere else with a new RO. If this means your new RO is being used, did you notify the old RO of your change of address? This could pose a problem because you are still in the OLD system RO office and it does not matter because the letters generated are still going to be activated. I would first contact the old RO as soon as possible. I would also contact the Patient Advocate to get them to help since you will be dealing with VAMCs or QTC Examinations. At this stage of the game you have to get someone to help you correct and start a paper trail that you can verify. I would make sure that both VAROs are notified as to this problem. If you miss the C and P exam then they can move on taking the SC benefits and it could take years to correct this because of the paper trail process. Since you do not have the 10/20 year protection, it may come back to haunt you and making sure the VA does not have an excuse to reduce or take away is the key here.

Closing the paper trail is what will stop this process before it gets out of hand. I also do not think it is a computer generated letter , though the wording may be followed as VA protocol between other VAROs. The denial trick is used all the time and we have many members that have been thru this also. I would let someone else that has personally been thru this type of VA nightmare comment here. You are not alone, but please remember to NEVER GIVE UP. God Bless, C.C.

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Hello Peer,

I do not like anything about this. First , you have gotten a letter from your old RO and from what it sounds like you are now living somewhere else with a new RO. If this means your new RO is being used, did you notify the old RO of your change of address? This could pose a problem because you are still in the OLD system RO office and it does not matter because the letters generated are still going to be activated. I would first contact the old RO as soon as possible. I would also contact the Patient Advocate to get them to help since you will be dealing with VAMCs or QTC Examinations. At this stage of the game you have to get someone to help you correct and start a paper trail that you can verify. I would make sure that both VAROs are notified as to this problem. If you miss the C and P exam then they can move on taking the SC benefits and it could take years to correct this because of the paper trail process. Since you do not have the 10/20 year protection, it may come back to haunt you and making sure the VA does not have an excuse to reduce or take away is the key here.

Closing the paper trail is what will stop this process before it gets out of hand. I also do not think it is a computer generated letter , though the wording may be followed as VA protocol between other VAROs. The denial trick is used all the time and we have many members that have been thru this also. I would let someone else that has personally been thru this type of VA nightmare comment here. You are not alone, but please remember to NEVER GIVE UP. God Bless, C.C.

I get all my VA letters at my new address. From appintmet letter from my new CBOC to "hey sign up for Myheathevet" from the old RO. So if there is a letter sent i am fairly sure that I'll receive it. I also checked Myhealthevet for pending appointments and only show an upcome MRI that I was expecting. I have the personal email address and phone number for the RO director and will hit her up in the morning. Also my former Hospital Director (I retired VA) is now the VISN director of my new area, so ill be hitting up some folkes to be sure. I have OCD and panic disorders so this is sending me into massive panic mode. I cant handle another 6 year fight.

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Ditto.

And if I could not get the above - I would show up for the exam and take a copy of my

IU / P&T decision letter with me to leave with the examiner, in hopes they will accept it into

their possession.

I have every piece of paper that i sent or have received from the VA. They will take a copy. The only thing that changed is now it seems I get VA police supervision after having a bad run in with a VA Doc that treated me poorly. When I went to see my new doc i noticed that i was being watched, hell the police even asked if it went better this time..

(Back story I went to my new CBOC after moving, had an appointment with a Doc that treated me like dirt, stopped going to any primary care appts and only kept dental and mental health. Well primary care said i had to come in, and i was told that the Doc that i had seen before had left. So I was like great i can go back to PC, well low and behold he was still there. I tried to be the better man and started the appt without saying anything. He start berating me for being UI and how my wife (who works) wouldnt stand for a man who isnt filling his role as breadwinner. Needless to say I lost it (i didnt threaten voilence, just told him i wouldnt take this crap from him) and tried to see the CBOC manager. Well the police officers could see that i was upset and took me in their offices and we just talked. They even asked if i wanted to report him for patient abuse, i said no, that i only wanted to get a new Doc and my meds. So like i said before, i either have a danger note on my file or they just recognized me from the incident. Either was there was a cop waiting outside my exam room.)

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Yes, I 've read both of your post.

I have merged the two post into this one thread.

The re-eval letter is probably a glitch in the system, but I would sure check it

out with who sent you the letter and with where the C&P is scheduled for.

If I could not obtain written proof that it's a glitch and VA will cancel the scheduled exam,

then I would attend the exam.

JMHO

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"(Back story I went to my new CBOC after moving, had an appointment with a Doc that treated me like dirt, stopped going to any primary care appts and only kept dental and mental health."

peerqoob, did you stop going to appts or taking medications that were service related?

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"(Back story I went to my new CBOC after moving, had an appointment with a Doc that treated me like dirt, stopped going to any primary care appts and only kept dental and mental health."

peerqoob, did you stop going to appts or taking medications that were service related?

No, I had a years worth, and i kept my Mental Health appts

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Hello Peer,

carlie, on 11 November 2012 - 03:40 PM, said:

"A C&P examiner does NOT have to accept any paperwork from a claimant.

Sometimes if we are real nice - they will."

carlie

Exactly correct. QTC examiners are given limited amounts of the Cfile or evidence. So the "Due Process" law is definitely violated at this stage of the decision process with VAROs. You may be years before you get a copy of them and how do you file an effective appeal without them???

If the Veteran is lucky enough to get a good examiner with QTC they might ,,,,,MIGHT use your evidence or statements. However this is normally a huge problem for the Veteran. As most of our members will atest to. If you were to get an exam from a VAMC instead, it would mean the records of the Examiners Report/ Progress Reports would be easy to get copies of. But that is sometimes a call on the VARO and not one of the Veteran. I have posted some thoughts in an earlier post on Due Process and the QTC Examination reports , in my opinion are a violation of the Veterans Due Process. Yes , you can show this at a later date , say in the court process of CAVC but that is a long ways down the road.

I do feel that you are in some kinda dark waters right now and need to negotiate those waters carefully so as not to loose your timelines or get off track with your claim. Unfortunately QTC was started by ex members of the VA upper eschelon and they know how to stall and delay the system. Another roadblocking system that the VA has put up against the Veteran. You may need to seek some very good representation to continue this correctly. NEVER GIVE UP . God Bless, C.C.

Edited by Capt.Contaminate (see edit history)
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