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


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]

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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

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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

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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.

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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.

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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.

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Well, I see why you are upset BUT it may not be as bad as you think, or COULD even be an exam for an inferred increase. Im not an expert on SMC, but isnt it true there is a higher level of SMC (above SMC S) if you are at 100 plus 100? (Of course, SMC S is available when you are at 100 plus 60, and Im not sure what the next level above Smc S is. I have not done the "combined" math, but you may just be close to the 100 plus 100 combined category, right?

You are good and maybe you can look it up. Of course there are other LOU (SMC's) and I really dont know if you may be eligible for one of these, either..but maybe?

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Carlie,

maybe I went the wrong way and maybe bronco is right and you may have been nice to someone and they are trying to return the favor.

Bottom line is VAMC employees are in a position to help a vet or to cause the vet problems.

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Thanks for the reply's.

There is NO reason nor regulatory justification for any additional C & P exam, for me.

There is nothing that would warrant an increase in compensation,

a higher level of SMC or any additional benefit.

All of my SC'd conditions are of record as being static in nature and I am

over 55 years old.

I'm thinking this is just a waste of resources that another veteran could benefit from.

I will update as I get information.

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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 in the right perspective.

Everything seems to favor Ms Carlie

I was thinking like broncovet , but to have an inferred increase after 10 plus years and not ask for it, VA is just crazy They make us all fight for every ounce we get and Ms Carlie has been there and fought the fight and won...what else is there to prove?

if this is not canceled I know Ms carlie will fight for what is right!

With Ms Carlie well written email letter to Ms Hickey I bet they cancel this....I've always had this fear and I know it sure makes a veteran feel bad and pissed off and the anxiety it brings is over whelming to say the least.

Just Know Ms Carlie were all behind you 100%

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

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God Bless you Carlie, You help so many others to see their way through this nightmare that the VA seems to be. Just as of late I have been saying how I distrust the VA and the added anxiety that it causes me with their BS. I can't even imagine what you must be feeling.

I commend you for your hard work and I just want to remind you of what you have said and it is 100% truth!

Truth Wins --- sometimes you just have to walk thru fire to get there !
When you have the CREDIBLE & PROBATIVE EVIDENCE - NEVER give up !

Edited by coastie72 (see edit history)
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I hope it doesn't too Carlie.....after I emailed Ms Hickey I received many more emails from her as I replied to them. Same thing with my RO director, but then the phone calls started to come from her....no hard copy on phone calls. And they were very revealing calls.

I realized I had another battle with the VA, but this time, maybe I am jaded by all the battles I had in the past, I decided to just sit back and enjoy it.

The director sent my files to VA Central.And I found the contact person there who will decide the claims properly (I hope). The director told me all of the emqails back and forth would be in my C file...I doubled checked with VACO to let me know if they arent because I rattled off every single regulation they broke in those emails to Ms. Hickey and to the director.

The odd thing is that the R0 did a medical 'review' of sorts, that does not appear to have been done by any 'medically trained person and that went against a medical review I had at VACO, in 1996...by a top Cardiologist.

This regarded a 1151 medication issue that contributed to my husband's death, documented by the VACO doctor in 1996, with a full medical rationale, as one part of my FTCA case.

Another Peer Review supported my other charges.

In light of Tomah and (at Fox News Dr. Peter Johnson said they definitely caused the death of the marine, whose father testified at the recent unusual Field H VAC hearing,) he urged survivors of th Tomah med scandal to SUE....

he is right, but what if they file under 1151 instead of FTCA and someone at the RO level, with a VHA,VBA peer review that could be favorable to their case, pulls some crap like I got recently and tries to over rule a high level VA Review by a real doctor?

I couldnt belive what happened to me in 1997.

I settled with the OGC for wrongful death and then sent my settlement info to my VARO for my 1151 DIC claim, which they had denied.

The dopes denied the 1151 claim again.I had settled with the USA under VA OGC auspices and these clowns could not even read the settlement.

I called Tim, in DC, the lawyer who I dealt with at OGC and told him the VA settlement was off and we needed to negotiate again.

he was exasperated and asked me what happened.

My RO was immediately ordered to grant my 1151 DIC claim.

The survivors of the Phoenix deaths. hopefully wont deal with the same BS I did.

Dr. Johnson said 2 of the vets overdosed by VA died while still in the VA parking lot.

he echoed what is all over the net, that 33 deaths ,so far, were caused by prescribed VA meds.

I guess my long point here has turned into a rant but my point is that More vets and survivors who have had ridiculous problems with the VA, problems that should have never happened like what you are going through, need to email either Sec Bob or Ms. Hickey because this is the first time anyone at VA Central has ever heard from a multitude of claimants,

put through the VA wringer, for no good reason at all.

I have been tossing around a title for my book on the VA.

I think it will be

PTSD from

Vietnam

(with a big red line through the word Vietnam and then)

the Veterans Administration.

I think if one doesn't have PTSD when they file their claims, they might well get it from dealing with the VA.claims process.

I thought I was going coo coo on cocoa puffs crazy when I read my initial AO IHD Nehmer death decision.

They said the veteran had served in Vietnam but his SMRs revealed no IHD.

WTF?

These were teenage kids serving in Vietnam....none of them probably had evidence of heart disease.in their SMRs. Most of them enlisted , in good physical condition, within maybe a year or so before they went to the Nam.

rthe 'old man', the commander of my husband's platoon was the oldest person he knew in his unit, only 25 years old.

I raised a royal ruckus and in 3 weeks they reversed under the CUE I sent by Fax ,IRIS, Phone, email etc etc etc.

Awarded the IHD and also awarded the 2 CUE claims that had been at my VARO from 2003 to 2009.

I know they will straighten out your situation.

But it just makes me sick that you have to dealt with this.BS.

Edited by Berta (see edit history)
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I think any time a Major SC rating is attributable to a Mental Health issue the VA is always Diary Dating your C-File for verification of no improvement. VA Clinicians all seem to be of the same mind, Mental Health issues can be successfully treated and while not necessarily being cured, can show significant improvement. As I recall, there was something in VA Regs about not screwing with Vets over 55 in regards to re rating out of the blue. Do you think there are some "Unusual Circumstances" at play here? Has one of your VA clinicians misreported improvement in any of your Mental Health or regular medical issues?

Semper Fi

Gastone

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Thanks again to all for the encouragement.

Berta - seems like it never ends.

Being that I have absolutely no claim issues in process or under appeal,

there would be NO justifiable reason for anyone at the VARO even taking a

look-see at any of my medical records.

I mean, I do think they are supposedly so busy handling the backlog and current

claims - to be just poking around reading random medical records without any reason

to trigger such an exam.

Even at that I'm pretty darned sure that all of my medical evidence of record

only continues to support the evaluations I have.

Heck the effective date of my SMC/S is back to 2004, that's a bit more than

10 years and I am over 55 years old.

Anyways, I've been just trying to make it thru today, waiting to hear more from either

of the two that emailed me or one of their staff members.

As of this moment I have heard nothing further.

Maybe tomorrow will be a better day and hold more information / answers for me.

Again, I will update as soon as I find something out.

Thanks again to all for your kindness, encouragement and support.

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§3.343 Continuance of total disability ratings.

(a) General. Total disability ratings, when warranted by the severity of the condition and not granted purely because of hospital, surgical, or home treatment, or individual unemployability will not be reduced, in the absence of clear error, without examination showing material improvement in physical or mental condition. Examination reports showing material improvement must be evaluated in conjunction with all the facts of record, and consideration mustbe given particularly to whether the veteran attained improvement under the ordinary conditions of life, i.e., while working or actively seeking work or whether the symptoms have been brought under control by prolonged rest, or generally, by following a regimen which precludes work, and, if the latter, reduction from total disability ratings will not be considered pending reexamination after a period of employment (3 to 6 months).

Ms carlie I don't think you have any thing to worry about!

hang in there things will get back to norm!

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

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Carlie sorry to here what RO is putting you thru. The VA continues to control me, and request a ton of Reviews recently, even though I was not due to be Reevaluated until Feb 2016. I know why the mess with me I am only 33, but you have served the Govt and all of us well, and earned the right to be Retired, Disabled, Left Alone, Collect Your Check, and Be Left the Hell Alone!!!

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I wonder if some at VA are retaliating against people that they don't like. I don't want to be paranoid but since I have made it public that I am leaving the VA and I want Veterans to have a choice my prescriptions for Hydrocodone has been screwed and now a Doc I have never seen or talked too feels uncomfortable for me to have it and xanax and won't write it anymore. Meanwhile my prescription for xanax has gone bye bye too.

Today I have the last visit from nurse as I plan to give her the walking papers in person. Along with my complaints in writing.

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