70% With Iu For Depression C&p Follow Up Never Occured.

[Ancientwolf13]

I'm not sure if this is the correct place for this question, feel free to move this post. I am in an odd situation with the VA Disability. I am rated 70% for Depression since Feb 2006 with IU to 100% since Feb 2008 after worker rehab failed and deemed my condition makes me unemployable. I have been on SSDI for Depression since June 2007. I recently went to try to get a homestead and vehicle tax exemption and I was denied stating I wasn't listed as permanent so they said to contact the VA to see if it was since I have been out of work since my discharge in Feb 2006. I contacted the local VA rep they sent me to DAV who sent me to a Person at the regional VA office about P&T, they were public affairs or some title like that. They said that I was supposed yo have a C&P appointment a few years ago in 2011, but they never scheduled me and she has no idea why they didn't. She said that for the Tax purposes I needed to be P&T. She then said I can try for P&T, but I could have my rating decreased since I have been listed as temporary all these past 7 years or I can go with option 2 and not say anything and just put up with collecting 100% I have been. She then said if I went the P&T route to have the VA doctor I'm seeing note everything is still occuring from my letter from the first and only C&P I've had, but I still may be reduced. It is confusing since I haven't had any straight answers if I'm eligible for P&T or why C&P never scheduled me the follow up. Is this a normal situation and I'm not sure what to do. I was planning on moving on my own since I don't like living with people, but knowing my income is in limbo and no straight answers my hands are tied. Should I try for P&T since I have been beeing treated for so long with no improvement according to my doctor?

[Navy04]

I have learned not to challenge the Government r VA if you don't have too. I know you deserve your exemptions, but is it worth them trying to reduce your %s. Just try to live as best you can, and find a cheap apartment or something to get you by till you figure all this out. My best friend, non military, is 100% disabled and lives with his mother. He just called me today and asked me to help him find his own place, because he is tired of living with his family, but he only received $700 a month, atleast you are in a lot better shape financially then he is. Good luck to you and truly wish you the best.

[Berta]

“They said that I was supposed yo have a C&P appointment a few years ago in 2011, but they never scheduled me and she has no idea why they didn't. “

Maybe the VA has already deemed you as P & T. Because they dont schedule future C & P appointments when they do that.

This certainly suggests P & T as well:

“rated 70% for Depression since Feb 2006 with IU to 100% since Feb 2008 after worker rehab failed and deemed my condition makes me unemployable. I have been on SSDI for Depression since June 2007. “

Do you still have that older TDIU award decision? As I recall VA doesn't always exactly say P & T, they say your dependents are eligible for Chapter 35,if they have deemed you as P & T.

If a vet is un voc rehabable, that means they are unemployable.and I think the VA would be hard pressed, at this point, to even consider trying to lower what you have now.

“Should I try for P&T since I have been beeing treated for so long with no improvement according to my doctor? “

I say absolutely !

and hopefully the doctor could document that statement with a full rationale that you could support the P & T status claim with.

[Philip Rogers]

Do you get a statement around the 1st of the year or so, stating your disability rating, whether you are considered permanent, how much you get per month, etc.? I forget the name of the statement but it's used to get tax exemptions. You should be able to generate one online, at ebenefits.

Also, Berta is correct, in that you may already be P&T. Peggy should be able to tell you that at 1-800-Call-Peggy or whatever the VA's 1-800 number is.

I'd surely pursue it. jmo

pr

[john999]

Do you have Chapter 35 benefits in your TDIU decision?

[Ancientwolf13]

I do not get a yearly statement from the VA and there is no mention of Chapter 35 benefits. All that I have received is the decision letter and it has says this


"The examiner diagnosed major depressive disorder and assigned a Global Assessment of Functioning (GAF) of 52. The examiner opined that in terms of his social adaptibility and interactions with others, you appear considerably impaired. In terms of your ability to maintain employment, perform job duties in a reliable, flexible and efficient manner, this appears to be considerably impaired related to depression. The examiner estimated your over all level of disability for depression to be in the considerable range..

"Since there is a likelyhood of improvement, the assigned evaluation is not considered permanant and is subject to a further review examination"


" 9434 Depressive Disorder

Service Connected, Gulf War, Incurred

Future exam January 2011

70% from 02/23/2006

Combined Evaluation For Compensation:

70% from 02/23/2006

Individual Unemployability Granted from February 27, 2008



Now with SSDI I was awarded it going by the VA records which listed me as having a Schizoaffective Disorder (genetic) and was in serious need of treatment. Schizoid Personality Disorder (cause unknown), Schizotypical Personality Disorder (diagnosed in early adulthood), Adjustment Disorder (stress), Depression and Anxiety.

Also with SSDI going by my VA records "The claiment has the residual function capacity to perform less than even a limited range of sedentary work on a sustained basis" "The claimant is unable to perform any past relevant work"

It is confusing since they are conflicting since it is the same medical records being used.

[Berta]

Yeah...I think you should ask the VA for a P & T designation.

If they didnt use your Voc Rehab records in the last decision (which they probably didnt as these are filed separately from the med recs) then be sure to use that documentation as well.

"Since there is a likelyhood of improvement, the assigned evaluation is not considered permanant and is subject to a further review examination"

Did the actual C & P doctor state that in his narrative or did the VA make that one up as to 'likelyhood"?

That statement needs a full medical rationale to be a valid statement.(and from a doctor ,not from some rater who doesn't have a clue)

What is the date of that decision? Did you appeal it at all?