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Re-evaluation


magicnative

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Brothers and Sisters,

I am SC 70% with IU for PTSD as of 03/2004. Today I got a letter from the VA saying that I was going to be re-evaluated to make sure everything is proper. In my award letter it said "no further exams will be scheduled" and on the last page it said that I became P&T as of March 2004. Does anyone know about this re-evaluation? I don't have the date yet and they didn't call it a C&P. Is it really another C&P?

Thanks for your help,

Judi :angry:

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  • HadIt.com Elder

I too am rated 70% SC PTSD and 100% TDIU "permanent in nature". Have been since 1999.

If the VA sent me a "letter" insinuating a Re-eval, I would file a Notice of Disagreement and attach my Award Letter to their Information Letter with YELLOW HIGHLIGHTS pointing to my P&T !!

That's what I would do, but others may have more suggestions!!

Sorry for the added STRESS !!

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  • HadIt.com Elder

I think the VA is going after those with PTSD claims like they said they would not do, the dogs. I may be dragged in for some kind of evaluation myself since I am getting boatload of letters from the VA soon according to the 800 number.

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Guest fla_viking

Dear Veteran

The advice to file an NOD is excellent. You can tie them up for a decade on appeal and probly win. In previous memorandums the VA sent to the RO's not to accept NOD until the decission to cut benifits are made. This forces the vet to spend years of appeal on there own dollar. However if they refuse you the right to appeal the decision to appeal there medical exploratons and benifit payments challenges after you have been approved. Appeal there ruling that you dont have the right to appeal asking for a stay on the whole process until the decssion on if you have a right to appeal.

Terry Higgins

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  • HadIt.com Elder
Dear Veteran

The advice to file an NOD is excellent. You can tie them up for a decade on appeal and probly win. In previous memorandums the VA sent to the RO's not to accept NOD until the decission to cut benifits are made. This forces the vet to spend years of appeal on there own dollar. However if they refuse you the right to appeal the decision to appeal there medical exploratons and benifit payments challenges after you have been approved. Appeal there ruling that you dont have the right to appeal asking for a stay on the whole process until the decssion on if you have a right to appeal.

Terry Higgins

Ummmm, believe it or not, I know what yer sayin' lol!

In theory, and under Constitutional law, the VA can not refuse the right to Appeal . . . However, under VA law, the NOD is supposed to follow a "final" RO decision.

Maybe the NOD isn't the most expedient remedy ???

My instincts tell me to file a Notice of Disagreemet, and ask for a DRO - -

Or, the right to a "Hearing" is supposed to be LAW ... at least they ADVERTISE as much !!

Anybody else have a better idea ;-)

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  • HadIt.com Elder

Wow that would be a shock. I think that you would be in your rights to ask the VA to better explain what there action is for and what could be the results? I think tht 70% TDIU P&T is supposed to be the VA's most protected rating and that it takes 2 events to trigger a review.

I would start with the signatory of the Notice.

Good Luck

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I have often wondered why the VA would grant 70% PTSD as IU, when it would be more appropriated to just make the vet 100%? If that is this veterans only disability, the VA can re-evaluate based on unemployability. Meaning they can if they feel like it check your ability to sustain gainful employment.

1. Sometimes the VA refers to Form 21-4140-1 as a evaluation.

2. Is the veteran working? If so, then a cross match from SSA and the IRS will generate a reveiw.

3. Did the veteran file any new or addtional claims? If so, the VA can reveiw any of the veterans disabilities upon filing a claim.

4. Is the veteran a combat veteran with the prerequsite medals such as a Purple Heart or other Combat awards?

If 2 and 3 apply then be prepared to explain the situation as best one can and be prepared to be bounced.

If 1 is the option, all veterans that are IU will receive this form for 19 years or till age 69.

If 4 is the answer, then by all means file an NOD and request a Denovo Review.

Patrick

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Guest fla_viking

Dear Fellow Veterans & Friends

The VA's denial of your right to appeal is in and of it self a finial ruling regarding your rights. Dont wait until they cut your benifits, The benifit of staying the actul cutting of benifits will be on your dollar.

Terry Higgins

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  • HadIt.com Elder

I think from what I have read in the VBM that if you are IU there is little chance of being reduced unless you go back to work. The VA has to show you have improved within a work situation and that is not possible if you are not working. Even if you have improved while out on IU they have to show somehow that you would maintain your current improvement in a job situation. How do they do that if you are unemployed? Total ratings that have been in effect for 5 years are hard to reduce. The burden is on the VA.

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Guest fla_viking

Dear Jhon

you are right regarding the burdon is on the VA. But I seen a vet on here one time where the VA took away his comp and it took 10 years of appeals for him to get it back. There are no consequences for the VA if they decide to do you wrong

Terry Higgins

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  • HadIt.com Elder
Brothers and Sisters,

I am SC 70% with IU for PTSD as of 03/2004. Today I got a letter from the VA saying that I was going to be re-evaluated to make sure everything is proper. In my award letter it said "no further exams will be scheduled" and on the last page it said that I became P&T as of March 2004. Does anyone know about this re-evaluation? I don't have the date yet and they didn't call it a C&P. Is it really another C&P?

Thanks for your help,

Judi :angry:

It will most likely be another C&P. I'd write them and ask what their basis is for the re-evaluation and state the info that 1968 Army VV posted here and emphasize those sections that pertain to your claim. Don't blindly follow like a sheep cuz it could cause you problems. Under TDIU, it's almost impossible to take it away unless you are working or the VA calls a CUE on themselves, in awarding it, which sounds to me like what they are intending to do. You really need to stay on top of this. jmo PR

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Patrick,

I haven't worked since 2003. I got a form a few months ago asking if I had worked. I filled it out and sent it back stating that I had not worked. PTSD/MST is my disability.

I was diagnosed two weeks ago with MS so I get to have this stress too. I did not file any new or additional claims.

My SO says it's a routine examination. I really can't understand it when my award letter said no further examinations and P&T. I am 10 steps forward and 50 backwards emotionally.

Judi

I have often wondered why the VA would grant 70% PTSD as IU, when it would be more appropriated to just make the vet 100%? If that is this veterans only disability, the VA can re-evaluate based on unemployability. Meaning they can if they feel like it check your ability to sustain gainful employment.

1. Sometimes the VA refers to Form 21-4140-1 as a evaluation.

2. Is the veteran working? If so, then a cross match from SSA and the IRS will generate a reveiw.

3. Did the veteran file any new or addtional claims? If so, the VA can reveiw any of the veterans disabilities upon filing a claim.

4. Is the veteran a combat veteran with the prerequsite medals such as a Purple Heart or other Combat awards?

If 2 and 3 apply then be prepared to explain the situation as best one can and be prepared to be bounced.

If 1 is the option, all veterans that are IU will receive this form for 19 years or till age 69.

If 4 is the answer, then by all means file an NOD and request a Denovo Review.

Patrick

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  • HadIt.com Elder

x

x

x

Judi, Can you post verbatum the contents of the recent VA Letter that tells you of a re-evaluation. I think it's important to get clear on what they actually said vs. what you are hearing they said. What does the letter say exactly ??? ~Wings

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  • HadIt.com Elder
Patrick,

I haven't worked since 2003. I got a form a few months ago asking if I had worked. I filled it out and sent it back stating that I had not worked. PTSD/MST is my disability.

I was diagnosed two weeks ago with MS so I get to have this stress too. I did not file any new or additional claims.

My SO says it's a routine examination. I really can't understand it when my award letter said no further examinations and P&T. I am 10 steps forward and 50 backwards emotionally.

Judi

There shouldn't be "a routine examination" if your letter states "no further examinations and P&T." It could also just be an error. Contact the C&P scheduling office and check on it. Tell them you are P&T. jmo PR

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  • HadIt.com Elder

It may be that since it is PTSD they want to double check the stressors. I am expecting four letters from VA today and I only asked to be service connected for a secondary condition to my DMII. I have been IU P&T for five years. I have six service connected conditions. I don't know what they want from me. If anything I am in worse shape than when I was granted IU P&T. I should file a few more claims come to think of it.

John

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Wings,

Here is what it says:

VA 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 shor 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, blah blah blah...

If you reside in blah blah blah...

:angry:

x

x

x

Judi, Can you post verbatum the contents of the recent VA Letter that tells you of a re-evaluation. I think it's important to get clear on what they actually said vs. what you are hearing they said. What does the letter say exactly ??? ~Wings

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They sent a good friend of mine a letter like this 2 months ago and were going to give him a C & P but didnt tell him what for-he was a wreck over it.

He is 100% Sec 1151 and unemployable due to their medical error

gets SMC for colostomy bag- they caused this also-

He has 2 PHs, 2 GSWs with scarring,

50 % PTSD and 40% leg injuries and

he has NHL Agent Orange cancer-

what the heck could improve?

His wife-who never got involved with his claims before-wrote a strong letter to the VA and told them how much additional stress this letter put on him and what did they believe could have improved?

He got a letter in about 3 weeks after that- no C & P -NO re-evaluation.

I think since the PTSD review showed them there arent many wannabees at all- now they are picking on P & T vets.

Edited by Berta (see edit history)
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  • HadIt.com Elder
Wings,

Here is what it says:

VA 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 shor 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, blah blah blah...

If you reside in blah blah blah...

:mellow:

Honestly, Kick Azz and take names !!

Start with a Notice of Disagreement to the VARO. Attach your current rating award and highlight the

section(s): "no future exams", "permanent and total in nature", "authorization for Chapter 35", etc.

In your NOD tell the VA that you are NOT working.

Call the VARO C&P Scheduling Office. Tell them you just filed a NOD with the RO for Re-evaluation of a P&T Rating Award. Ask them if they have updated their BIRLS to show P&T status. Sometimes the VAMC's have not updated their computer AND electronic communication to RO regarding BIRLS can resolve the differences in ratings.

Go to the C&P Exam and keep it short and sweet ;-(

You are protected from severence by C.F.R. under TDIU rating criteria.

Keep us posted ... ~Wings

Edited by Wings (see edit history)
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  • HadIt.com Elder

I think I might go to the RO and take you letter awarding chapter 35 and the statement of no future exams and show it to them and let them make copies. Keep the original. You might be able to nip this in the bud.

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Guest fla_viking

Dear Veteran

The Veitnam veterans of America on the PTSD issue was advertizing for one case so they could challege it n a court of law. THis is the same VA tactic differnt issue. VVA may be interested in nipping these reviews in the bud if they get your case.

Terry Higgins

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  • HadIt.com Elder

1968

I think what Terry is saying is that the VVA is looking for a test case where the VA tries to take benefits away from a PTSD vet after saying they would not do this, the dogs. According to the Disability Commission the VA was not going to go after PTSD vets to try and find holes in their stressors and such. But it appears that was just a lie. They still must think PTSD vets are making up stories to get money. They think PTSD vets are vulnerable to being cut because of lack of verification of stressors. You got the PH so no worries in that regard. This is how a grateful nation treats their wounded. Damn them all to hell. They see the tidal wave of PTSD cases coming home from Iraq and they don't want to pay. That is my opinion.

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