ptsd Re-evaluation

[magicnative]

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

[Wings]

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 !!

[john999]

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.

[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

[Wings]

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 ;-)

[Pete53]

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

[Patrick428]

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