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degenerative arthritis Im Sc 100% & Smc/s Over 10 Yrs- Varo Just Requested A C&p
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carlie
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]
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broncovet
Congrats, Carlie Im glad it worked out well for you after all. I have seen this happen before..where a Vet is all upset about a possible reduction and it turned out to be a c and p for an increas
Valhalla0321
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 bri
Buck52
I agree with Ms Carlie its a waist of time and not needed, I hope Ms Hickey will tell that St Pete VARO director to just cancel the C&P. Ms Carlie has a well written letter that puts this
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