ptsd Severing My Husband Compensation.

[Cynthia80]

Im trying to get some insight on my husband Service Connection Compensation...In 2001 my husband tried to commit suicide after his mother died in May of that year he saw a mental health doctor on post in August and shot himself in the head in Sept he got of the army in 2005 after serving 6 years in there in 2007 he was awarded 80% from the VA in 2010 he was awarded 100% Unemployment in 2012 he put in a claim for TP well in August of 2012 he was awarded 100% TP the same year in Oct 2012 we recieved a letter saying that they are gonna severe his Compensation due to the fact they found that he was Sane at the time he shot himself...we have a hearing in Jan 2013 to plead his case the rep at the VA told us to get letters from his mental health doctor that he has been seeing since 2007 and his TBI doctor,i didnt know that they could take something back from a seriously disable person? we have been getting the run around with his Mental health records from the army i dont even know where to look...my Husband has a depression disorder,TBI,PTSD and has use of one eye! any help on this matter will help thanks

[carlie]

Welcome,

I am moving your topic to the Claims Benefits forum where more eyes will see it and

perhaps chime in.

[Cynthia80]

Welcome,

I am moving your topic to the Claims Benefits forum where more eyes will see it and

perhaps chime in.

This was my orignal post C& UE was in the letter also they state that it was a C&UE ill post it when i get to my laptop tomorrow thanks for the reply

[Philip Rogers]

Cynthia80 - When did you receive the letter that they plan to cut his disability benefit??? I'm confused by your posts. Are you saying that they said "it was a CUE that they are taking his disability comp away???"

pr

[relpats]

Welcome,

I am moving your topic to the Claims Benefits forum where more eyes will see it and

perhaps chime in.

I went to Forums and there is no "Claims Benefits Forum"??? Where did you move this to?

[broncovet]

Cynthia

Since your hubby was P and T, your hubby's disability was "stable". In any case the VA can not reduce or severe your hubby without following procedures.

First, if they have made proposal to sever , they have to give you 60 days notice AND you have a right to a hearing. They can not severe or reduce him until AFTER the hearing. You need to request the hearing if you have not done so already.

At your hearing, you need to be prepared to present your side, as to why his Service connection should not be severed.

You should be familiar with the following regulations:

http://www.gpo.gov/fdsys/pkg/CFR-2012-title38-vol1/xml/CFR-2012-title38-vol1-sec3-105.xm

l

[broncovet]

Also, Cynthia, you need to be aware of certain "protections" such as:

http://cfr.vlex.com/vid/3-343-continuance-total-disability-ratings-19775472

Its tough for the VA to make these severences "stick".