Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

I've Been Given An 11 Day Notice Of My C And P. Is This Normal?

Rate this question

rafebanks

Asked by rafebanks,

 Share

Question

  • Answers 16
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

Popular Posts

Gastone
Gastone

Rafe: This C&P appears to be in response to your Dr putting into your med record info regarding your PTSD being T&P. Set back and enjoy the ride. As fracked up as you are, this C&P should

Gastone
Gastone

Rafe: After I posted at 9:12pm I decided to look at your profile and checked some of your content. In 1 of your (2013) posts you mentioned your Psychiatrist putting info regarding P & T in your VA

16 answers to this question

Recommended Posts

  • 0
  • Moderator
broncovet Grand Master

broncovet

Posted
  • Moderator
Posted

1. Find out what the C and P is for. This is important, because, if it is NOT for a condition to which you are already Service connected, your C and P could be for an increase, not a reduction.

(You can get above 100percent (TDIU) for SMC on several things: Housebound, loss of use, etc, etc. It may not be bad news! Find out what kind of doc is doing your C and P exam, that is, is he a doc for which you are already service connected.)

2. If your C and P is for something you are not already service connected for, then relax, you arent getting reduced. If it is one of your conditions, then the VA will need to show you "actually improved"..to reduce you. If you have not improved since your C and P that got you service connected, then you also dont need to worry to much, but do not fail to get to the C and P exam, or you will be reduced by default.

Link to comment
Share on other sites
  • 0
Gastone Grand Master

Gastone

Posted
Posted

Rafe: After I posted at 9:12pm I decided to look at your profile and checked some of your content. In 1 of your (2013) posts you mentioned your Psychiatrist putting info regarding P & T in your VA med recd along with what, in my lay opinion, appeared to indicate a somewhat worsening of your PTSD symptoms requiring medication adjustments.

I had what I now look back on as a relatively successful VA Claims journey. 06/08 1st clm 10%09/09 NOD 08/09 2010 2nd clm 201150% 092011/90% IU infer NOD2012 DRO hearing 06/14 all issues from both NODS awarded including IU T&P. FDC 05/14 C&P 7/14 SC award 09/14. This last award was an FDC having nothing to do with previous awards other than being secondary to one of them, didn't provide any add $. My position is, if I get a DX of a possible SC condition, I'm filing a claim. I'm not worried about the VA reviewing my Claims. I know, not all vets agree, especially the one's that have an obvious disdain for the VA. For the most part (except the initial bungling of my 1st claim by my VAR-Rep), any errors or excessive wait times were due to my own actions/inactions.

We should have a report back from you in a week or so regarding your C&P. I'll Stay Tuned! You Stay Positive!

Semper Fi

Gastone

Taking into consideration you are the only Vet I've ever heard of, getting an 11 day notice for a C&P and a Voice-mail message regarding same, I believe there is a chance the VA is following the VARO regulation regarding reviewing your Award/Denial when "New & Material Evidence" is received during your open appeal period. Could I be wrong, absolutely! Every opinion or piece of advice you get on any of the Vet blogs has to be viewed with a certain amount of skepticism, right. Unless the poster ID's themselve as a Dr, VA Accred Lawyer or a VA Rating Dept Rater/DRO your just getting well intended FREE advice.

Link to comment
Share on other sites
  • 0
rafebanks Apprentice

rafebanks

Posted
  • Author
Posted

an update: good news today in a White envelope. I was greatly relived due to e-benefits showing a reduction until the past week when the benefit summary letter changed to a 100 percent. So I was being reviewed for a deduction for my PTSD and received 100% P and T. Boooyaaa! God answers prayers.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • One Month Later
      RICHKAY
      RICHKAY earned a badge
      One Month Later
    • Great Content
      pacmanx1
      pacmanx1 earned a badge
      Great Content
    • First Post
      czqiang1079
      czqiang1079 earned a badge
      First Post
    • Week One Done
      Vicdamon12
      Vicdamon12 earned a badge
      Week One Done
    • One Year In
      Panther8151
      Panther8151 earned a badge
      One Year In

  • Our picks

    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,

    • Post in Re-embursement for non VA Medical care.

      broncovet posted an answer to a question,

      Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
      Lemuel

      Picked By

      Lemuel,

    • Post in What is the DIC timeline?

      broncovet posted an answer to a question,

      Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept