Im Sc 100% & Smc/s Over 10 Yrs- Varo Just Requested A C&p - Veterans Compensation & Pension Exams - VA Disability Community via Hadit.com Jump to content
VA Disability Community via Hadit.com

Search | Rules | Forums | VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • ask-your-va-disability-claims-question.png

    27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • 01-2024-stay-online-donate-banner.png

  • 0

Im Sc 100% & Smc/s Over 10 Yrs- Varo Just Requested A C&p

Rate this question


carlie

Question

Well, I just sent out this email and sure hope I get a helpful reply.

If I do not have a reply by Friday morning I am going to my VA Regional Office

in person and try to get to the bottom of this.

carlie

Under Secretary
Veterans Benefits Administration
U.S. Department of Veterans Affairs

March 31,2015

Your Honorable Allison A. Hickey,

My name is Carlie. I am an honorably discharged US Army veteran.

I am in receipt of service connected disability at the 100 percent rate along with SMC/S, adjudicated to be permanent and total by both the Social Security Administration and the VBA.

Service Connected conditions by the VBA are as follows:

Major Depressive Disorder 100%, effective date March 23, 2004

Seizure Disorder 40%, effective date 1978, day following separation

Impaired Hearing 0%, effective date over 10 years

Bronchitis,Chronic 60%, effective date over 5 years

Degenerative Arthritis of the Spine 30%, effective date over 5 years

Ear Disease 10%, effective date over five years

Superficial Scars 0%, effective date April,26 2005

Traumatic Brain Disease 10%,effective date over 5 years

Bursitis 0%, effective date over 5 years

Tinnitus 10%, effective date over 5 years

SMC/S, effective date March 23,2004

DEA & Chapter 35 benefits granted, effective date 2004

Full Commissary and Base Exchange privileges, etc.

ALL of the above conditions are of record with my VAMC and Vet Center,as being static in nature, with no improvement for over ten years.

Today I had an appointment at Bay Pines VAMC, with my psychiatrist.

While I was in this appointment I received a telephone message stating,

"Ms Carlie this is XXXXX calling from the Compensation and Pension Department here at the VA. We've received a request from the Regional Office to get you scheduled for an evaluation for your service connected disability. If you could please call me as soon as you receive my message, my number is XXX XXX XXXX, extension XXXXX. Thank you."

I listened to the message above as I was walking from my psychiatrist appointment, to the hospital next door for a thyroid ultrasound appointment.

I then came home and called my psychiatrist and am waiting for a return call.

I need your help as I feel this unneeded and unjustified C&P examination, is just plain emotional torture from the St.Petersburg, Fl. VA Regional Office.

I have no claims open for additional benefits or claims that are in process or under appeal. All of my prior claim issues are of record as being fully satisfied and closed.

I can not understand this additional C&P examination request made by the St.Petersburg VA Regional Office. I feel that this is doing nothing wasting resources another veteran could be utilizing and traumatizing me and probably many more veterans that are already sick, physically, mentally and of the VBA process as a whole.

I already have concerns and horrible anxiety in even attending yet another additional C&P examination.

All that needs to happen is that I get assigned a C&P examiner that's in a foul mood, got a ticket on their way into work, has their own stress such as a sick child or family member and BOOM !, I get a letter stating my benefits are revoked.

This really should not happen as I have received continuity of care from Bay Pines VAMC and St. Petersburg Vet Center, for decades.

As I stated, this should not happen, but knowing what I do know, I do know that it is a big possibility.

So here I sit with my anxiety at a very high level, getting ready to take some of my VAMC RX's anxiety medication's.

I ask this, at a time when there continues to be a huge back log, VBA and VHA are under the gun so to speak, with the media on a daily basis, when resources are limited . . .

WHY, is the St.Petersburg Regional Office, requesting this additional C&P exam.

Going by the regulation below, they should not be requesting this examination, so about all I can conclude is they want to torment veterans.

Is it possible for you to help me with this situation.

The last four of my social are XXXX.

My phone number is XXX XXX XXXX.

My address is:

Carlie

XXX - Helpavet Ave

Sinkingin, XX. XXXXX

This issue is time sensitive.

Thanks you for any help or direction you might be able to provide.

Carlie

38 CFR - Clearly states:

§3.327 Reexaminations.

(a) General. Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability. Generally, reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or that the current rating may be incorrect. Individuals for whom reexaminations have been authorized and scheduled are required to report for such reexaminations. Paragraphs (b) and © of this section provide general guidelines for requesting reexaminations, but shall not be construed as limiting VA's authority to request reexaminations, or periods of hospital observation, at any time in order to ensure that a disability is accurately rated.

(Authority: 38 U.S.C. 501)

(b) Compensation cases—(1) Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified.

(2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled: (i) When the disability is established as static;

(ii) When the findings and symptoms are shown by examinations scheduled in paragraph (b)(2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more;

(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement;

(iv) In cases of veterans over 55 years of age, except under unusual circumstances;

(v) When the rating is a prescribed scheduled minimum rating; or

(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.

© Pension cases. In nonservice-connected cases in which the permanent total disability has been confirmed by reexamination or by the history of the case, or with obviously static disabilities, further reexaminations will not generally be requested. In other cases further examination will not be requested routinely and will be accomplished only if considered necessary based upon the particular facts of the individual case. In the cases of veterans over 55 years of age, reexamination will be requested only under unusual circumstances.

Cross Reference: Failure to report for VA examination. See §3.655.

[26 FR 1585, Feb. 24, 1961, as amended at 30 FR 11855, Sept. 16, 1965; 36 FR 14467, Aug. 6, 1971; 55 FR 49521, Nov. 29, 1990; 60 FR 27409, May 24, 1995]

Link to comment
Share on other sites

Recommended Posts

  • 0

Absolute bull crap Carlie!!!!!

Did you send Ms. Hickey those regulations too,with the email to her? . I sent her and the director of my RO the specific regs they broke and needed to follow.

This is shocking.what you posted here.

I have a close friend I got 100% P & T under 1151 for. malpractice many years ago.

He subsequently got 50% for PTSD, had 40% for GSW when I met him, many battles over SMC but he got it fixed and then, after they (VA) said he would need no further reviews of his SC and 1151 conditions, he got a letter that said they would review him,.

he and his wife and I raised all sorts of hell and they dropped the review idea.

Bastards,,,how can they expect him to improve an 1151 award because they malpracticed on him and he could have died,

And how can they screw around with a GSW ( actually he has 2 Purple hearts) but only one is rated properly and how can VA think the GSW stressor will ever vanish...even if he did, he had plenty more stressors from Vietnam,

This is the same logic they seem to try to be pulling on you.

GOOD FOR YOU! Go after them!

Ms. Hickey needs to know the multiple types of VA BS they put us all through.

I am so angry I could cry reading your post.

Your letter is perfect, you told it just like it is and are not asking for a miracle, you are asking that they cease in trying to violate your rights.

BTW I posted the news from VA today as to the backlog reduction.

I think Ms Hickey was personally responsible for getting many many claims moving out of the backlog and so was Secretary Bob, and yet it seems to me however,

VAROs want to continue the backlog and create even more problems for vets.

Maybe they think it is job security to even have a backlog.

I guess they don't expect young people to continue to join the military for all of the well needed,important stateside jobs our military does, and maybe they even think our country will never go to war again .

Their heads are up their...... ooops in the sand

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Ms carlie

so sorry the VA is putting you through this. unless the CFR's have changed ??

I didn't know they could do this?

it is weird they want a evaluation?.., maybe its just to see if any 0% SC have got worse? like your 0% SC for loss of hearing? or any of the other SC contentions with SC 0% ?

With ten years and more on your 100% & other SC % This is so crazy if there going over all your disability's?

why can' they leave a veteran alone and let hem live there life, I hate this for you I don't trust the VA and all .

All of us under the 20 year rule can be called up even if were P&T Static or of nature with no future exams scheduled.

You can win with the 38CFR 3.327 (2)

Hang in there all of us here at Hadit can help....just hang in there .

I bet your going to be ok.

..................Buck

Link to comment
Share on other sites

  • 0

Mrs. Carlie,

I commend you for sharing this with us all and i praise you for being affirmative with the right tools of language in your draft. I can only fathom the amount of anxiety this must bring to you as it has brought to me being a onward reader. I can only pray that this appeals to the eyes and ears of the compassionate with the utmost integrity.

You are in fact a staple to this forum and i again appreciate your outreach to the many of us that share similar go obstacles that can only be explained in the principle of VA regulations.

GodSpeed.

Link to comment
Share on other sites

  • 0

Well - I think I might be going into SHOCK !

I have already received two emails in reply.

1) from Alison stating she is going to ask the St Pete VARO

director, why they are asking for another appointment

and

2) from the director of the St Pete VARO stating her name,

her position at the VARO and,

" will look into the issues you raise and have someone from my staff contact you to explain."

So . . . for now I will look forward to being contacted.

Hopefully, this exam for me is not really needed and another veteran will get the opportunity to

have their C&P exam scheduled, thus helping to reduce the backlog.

My anxiety is not gone at all but I feel a bit less apprehensive in just getting such a timely response.

I will update as I get more information / answers.

Maybe some things are really going to change, for all VBA claimants, I sure hope so.

Hang in there.

Link to comment
Share on other sites

  • 0

Carlie, sorry that you are going through this mess.

I have to ask, who did you piss off?

Did something go wrong with one of your appointment?

Always keep in mind that most to all of your conditions are invisible, and most people don't understand what you are going through and anyone could accuse you of not telling the truth. I know very sad but this is how people really are. Worst comes to worst, you know that you are not getting any better and your medical records should prove that. when a veteran reach the 100% disability for any amount of time he/she will most likely never recover and never return to work.

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
×
×
  • Create New...

Important Information

Guidelines and Terms of Use