ptsd Finally Got The Big Brown Envelope On Saturday Morning.

[Rich T]

Congrats, but nobody has asked you THE most important question. Did your letter say T&P? Were your dependants given Chapter 35, and ChampVA? Do you have another exam scheduled?

[10thFO]

Rick,

I was waiting for that one. To the best of my reading skills, no it's not P&T yet. Why do I say yet. This is actually pretty funny. Well you know how we find humor when they keep trying to wear you down.

I waited until almost the last day to file my appeal from my PTSD decision date, part of that was the PTSD and not focusing, part was that I felt at my young age (37) now, even though age is to have no bearing on TDIU, that it would be a hard hill to hoe.

I filed for Voc Rehab and for PTSD back in '04. After a few months I realized that Voc Rehab had my C'FIle and holding my claim up. So I called and relinquished my request for Voc. Rehab at that time. (I wish I hadn't done so now) So in May of '05 i get a rating of 50% on my PTSD claim which puts me to 70% with other combined disabilities. Mind you all of these disabilities needed upping, but I was just trying to make it for awhile. Well I did get a better VA Doc for my back that helped me with some pain stuff, and I reupped for Voc. Rehab figureing that if they couldn't get me a job then they would get me some money, right?

Not so fast my friend. So I spend another 10-11 months withering in the Voc. Rehab system. Test out on the Wonderlic test pretty high, contract counselor looks at me and laughs. Damn your intelligent, but not very employable. Hmmmm. Well to no avail, my next meeting with counselor at VR, decides that yes I probably better not go back to school with my issues and that maybe we'll try something else.

A few months later, I've still heard nothing from her, and she has forgotten about me or lost my file, but she recognized me immediately when I walked into her office. Pulled my file from some do not touch pile on her desk out of 50 some, and wonders why I haven't gotten my TDIU yet. I tell her that I applied for the Voc. Rehab as I wanted to work. So she sets me up to have some forms filled out from my doctors saying I can work.

Functional Ability reports come back, Vet Center Psychologist who I was seeing weekly, say's no way in hell. Permanent. He's laughing at me the whole time he's filling it out, then also wrote a letter in more detail per my request. My VA psychiatrist, she pretty much says the same thing, but marks it Temporary and says that it is her wish that with more treatment and more medication I may be able to work sometime in the future but not at this time. You know where that got me, that and $3.35 got me a cup of Latte at Starbucks.

So I took those back, and the VR lady tells me that they are conflicting and has to hire another outside agency to evaluate me. Meanwhile, I'm still waiting out my year before filing out NOD. Finally another 3 months later I'm up to May of 2006 now I finally get to meet with the outside contractor. He meets with me for 15 minutes, wonders why I'm screwed up like the reports say, tells me that I can't handle pressure so maybe a night desk clerk job at a hotel will be good, I laugh and say whatever but I will try as I signed the paper saying I wouldn't refuse help.

I meet him one more time before my work appt. is supposed to start, and now I'm rolling up on cut off date. I go to SO, and tell him what I want to do. No just file TDIU, it won't affect your NOD even if it is past the date. Oh a real winner the DAV has here. I go ahead and do my do research through the VBA manuals and codes. I slam them with about 8 different points, on my TDIU and the De Novo Review for the PTSD asking for highest allowable rating and mention my worsening neuropathy/radiculopathy as more reason for the TDIU. Just in case. Found some memorandum's on Temporary TDIU in case they made me go to Voc. Rehab and sent that off as well. So come Jun 1 I see my VA Doc, and hand her the Functional Ability assessment, she fills it out, states that permantly, I cannot work in her opinion due to pain, neuropathy, DDD, PTSD and all the medication/narcotics I'm on.

I take that to the VR and she says well that's all you needed, I'll write the letter up and send it upstairs and they'll approve the TDIU. Has me fill out a form, denying the need for the home inspection at that time to speed up the money. Two months later I still haven't heard anything, so I go back to her office interrupt a meeting, and she says, I never wrote that letter, could you comeback sometime this week, if your here in the office with an appointment then I will have time to do this. I go back two days later, and she types up a letter that states that I am not able to complete the VR program due to medical issues finding it unfeasable, and uses my VA Doc's letter as her reason for basis.

Cool, come this weekend I open up the packet. They don't mention the VR report at all. So I'm thinking she probably never sent it anywhere even though I asked for a copy. That's ok, as soon as I walked out of her office I walked 50 steps across the room and had it added date stamped to my claim file, and then filled out my VCAA notice saying at this time I didn't need anymore evidence. Well I had Two C&Ps s that day so they decided that they needed additional evidence from the VA. Iget my psch C7P and he agrees totally with the Vet Center guy and writes permanent in his opinion as the C&P exam was scheduled to determine that specifically. So they use my Vet Center counselor who is a MSW and the C&P Psychologist to grant me the TDIU, never even mention the VR stuff or my Back Doctor/GP in the Evidence section. When the VR lady wouldn't use the Vet Center guys' statement because he wasn't a Dr.

So now they claim that I filed a new claim for TDIU on May 17th, and since my Employer records show that I worked in a protected environment and I last worked there in Aug.'03 that my TDIu is going back one year. Probably right, but I'm going to NOD on the basis that in the 8 points I slung at them was also the fact that they failed to notify me properly that I was eligible for TDIU when I got the 70%. If they would have conceded that then I would have gotten probably another $13-15 K. So yes I'm appealing that, and I'm going to go ahead and NOD since they didn't even look to see how much my back had worsened. Even though I took the C&P.

Here's what I think happened. The letter states "The Sept 18, 2006 letter from your representative, based on informal conference of the same date, reflects that the grant of a 70 rating for PTSD would fully satisfy the claim on appeal for higher initial rating of PTSD."

Remember that this is the same SO that wanted me to just file for TDIU. He gave that form and the Employment history form that day and I haven't sat foot in their yet. I filed the papers myself, so he got carbon copies on everything. My argument in favor of all my stuff was pretty strong, as my father in law was a retired judge, passed in June, and he read the memoranduams and codes I sent to him.

His theory, sling of slop on the wall, and something will stick eventually. Well That's alright for an initial workup, but now I'm going back to the source. I'm going to chat with my SO and his supervisor, about not having my best interests in their workplace. The VR counselors supervisor for filing late or never filing my paperwork.

I figure most of it is because I am a younger vet and they truly don't want to pay the money. Well I didn't want it until I came to the realization of how screwed up I am. And how it's taking a toll on my family, what's left.

I know according to the Regs, that after a decision of TDIU that they are supposed to send you through VR before you can get P&T. Hell they even sent me the notice of being eligible for VR this time, and what good it would do for me and my family. LOL.

So after I get done figureing out whodunit with the paperwork trail this week, I'm going to go ahead and apply for P&T since I've already jumped through that hoop.

The reason I'm doing this for anyone who thinks I'm being selfish or greedy. It's not that at all. I had the help of a congressman on this, and when I get a copy of my C-File that they have, I'm reopening a claim for damage down to other parts of me body more specifically upper spine and hands that they denied when I first popped up in '96. I have since found records and of all the MRI's I've had over the last 3 years, the opinions of all dr's are that the arthritis is the same age on all affected joints. I want the bilateral factors for my feet and legs and hands. If I ever got to 100% schedular would I work? NO, I can't work that's the problem, but right now I'm more worried about living long enough to provide for my family lest the pain killer and depression pills kill me.

Sorry so long, but I didn't necessarily want to put this in the other column. I'll be there to help others and gather some info for 3 other vets I'm helping.

[Berta]

10thFO I sure like your proactive approach-

Yes- a vet can sure use the regs against them-

This statement:

"I know according to the Regs, that after a decision of TDIU that they are supposed to send you through VR before you can get P&T. Hell they even sent me the notice of being eligible for VR this time, and what good it would do for me and my family. LOL. "

Do you have a reg for that- I am unaware of this VR condition for P & T consideration.

Edited September 26, 2006 by Berta

[10thFO]

Berta,

I'll get back to you later tonight when I can't sleep, I've got to go to the Vet Center now, and be sad and happy at the same time. Man I love Tuesday afternoons.

I was loolking for it last night but got caught up reading all the regs on TDIU, and IVDS. Somepeople got some 'splaining to do.

I love to read, and this VBM and the FVL 2006 books are keeping me entertained at night. I need to find out how to use the search option better on the CD so I can find stuff quicker. It's fun getting back into law, and reading decisions.

[john999]

The VA will send the VR application along with the TDIU grant perhaps hoping you will get rehabed and they can cut the IU payments. A voc rehab evaluation is not necessary to get P&T. What is necessary, usually, is that your condition does not improve for at least a year. What you can do since the VA did not grant Chapter 35 benefits is appeal this denial. By the time you appeal is reviewed a year will have gone by and you can get the P&T and it will be retro to your TDIU decision. This can mean money for you sometimes. Keep seein the VA doctors and document your present disability and you inability to work. When the VA has its own doctors giving you GAF's over a year or so that do not improve that is good evidence for P&T. This is what I did and it worked for me.

[10thFO]

Here's a thought. I'm considering asking for a hearing in front of the RO board, and brining the file from Voc Rehab stating that I am not reasonably feasible to complete their program. Thus pushing for the P&T. The reason, I'm worried about the P&T is should I die before the proper time after getting it. I need to provide for my son's education. If I know that is a chance through the Ch35, then that's great, but I also started a program last year from the state for his education.

Berta, it appears that I was wrong, on the reg I quoted. I still beleive I read it somewher, and if it comes true, I will PM you with the info.