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Need Help Before I Quit On Life Period.

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veteranmo

Question

Just went to two C/P exams today that I believed were related to my recent application for unemployability. I have had a combined rating of 90% since 2009, and have been seeing my primary doctor and psychiatrist monthly since being released from active duty.

My problem started with the first exam, as the examiner pointed out I was doing better because I had not been baker acted or had issues with the police since 2008. This to me seemed out of touch, since being confined at my worst is not representative of my actual "worst" days living. Overall the exam went as I expected, the doctor did note that my anxiety was through the roof.. but I cant help but feel like my 70% PTSD rating is now going to get bumped down into 30% simply because I have not gone out and "xxxxxx someone up".

Next exam was done by an internist (who kept specifying she was an internist, despite she was doing a "re-evaluation" of my service connection for "Labrynthitis". She informed me I was rated incorrectly since it is treatable (not so much according to what I have read but I digress). After looking for the original rating decision, my examiner quickly came to the conclusion that the connection was erroneous and that I needed to specify TBI as the injury to the VA (something I told the VA back in '08 after the original decision, but again I digress). I could not take anymore and stormed out of the examiners room in tears. She then went on to speak to my wife while I wandered the VA looking for some way not to just start breaking things.

I did return to the office and the examiner was concerned for me and informed me I would be ok, but I know the truth.. the moment her info reaches the VA i am screwed and I have no way to stop it.

I am seething with anger, as I believe my application for unemployable has allowed the VA to go in now and most likely slash all my ratings.. and for what?

The system is flawed, and the only way out is to check out for good imo

If anyone has ever been in a similar situation please let me know how it went, as maybe I am overreacting.. i really pray to God that I am

Swift and bold

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Yes you are over reacting!!!

VA can't just arbitrarily reduce your rating based on one exam!

There are laws in place regarding reductions Depending on how long you've had your rating.

I'm not at my computer but later once I am I can post those laws for you.

I'm assuming you had your rating for less than five years correct?

As far as the TBI I've had to become a bit of an expert on that because my husband is filing for it.

It is good that the doc picked up on that however they gave you a little bit of misinformation.

TBI is one of the few issues that VA will not accept an IMO or DbQ or ime for. You can file a claim for it but the exam will have to be done by VA-which is fine.

As far as checking out for good, you better not even think about that again! You have a daughter and she would have to carry around that pain for the rest of her life! Your pain would end, but hers would last her lifetime!

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  • HadIt.com Elder

If you are getting SSDI solely for your SC conditions you should be able to get TDIU. When you get TDIU if the VA denies your Chapter 35 (permanent and total ) status be sure to appeal it. If you have been on SSDI since 2009 you should be P&T. Did you apply for TDIU as soon as you got SSD? If you really get upset check yourself into the VA rubber room. Not only is this safe but it will help with an appeal if they do try and reduce you. When I got fired from my job 12 years ago the first thing I did was check myself into the VA hospital. That was the date the VA used for my TDIU eventually. A word of advice: If you get TDIU don't take VA money to go back to school. Don't ever mention "work or school" to the VA again once you get TDIU. Don't ever say you feel better or have improved in any way.

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  • HadIt.com Elder

Hang in there the VA sometimes get it right. If you get SSDI and can get a Doc to say it is cause of your service the VA will have to give you TDIU. My advice is to see why SSDI awarded your claim and verify it has something to do with your service related condition. Remember that there are other reasons that VA can award TDIU the great Alex Humpfries a deceased Hadit Member once obtained TDIU for a 10% service related condition for one of his clients.

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  • In Memoriam

Here is one for you. I have been in AA for over 40 years. I have never been to prison and never had more than a speeding ticket.

In my C and P for HBP the examiner (PN) said that my HBP was due to many years of alcohol/drug abuse and a social life that consisted of many years in prison.

I am so pissed I can see straight, but this is the system that we must endure until these weirdo's are taken on personally. Fortunatly I have a IMO/IME about this condition.

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