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

[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]

[Buck52]

That's great news Ms carlie...now relax & go drink a beer! :)....I'm happy for you.

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

[Vync]

Congratulations Carlie

This is one of those rare instances where the VA is actually trying to be proactive and pro-veteran. Indeed newsworthy!

[jefmil50]

Congrats Carlie, yes go relax we are very happy for you!

[carlie]

I'm just in hopes everything goes as stated and I don't

wind up getting some crazy paperwork stating . . .

A C&P was scheduled, you did not attend, benefits are reduced.

I wish I could laugh at that - but I know better.

[USMC_HVEQ]

glad some of the undue stress is hopefully relieved. Thanks for sharing your story with the rest of us. Stay positive and usually, not always, it will work out. have a great day and keep doing what you do for us all here on the site. We appreciate all your help.

[broncovet]

It will be incredibly difficult for VA to reduce you, (because you are P and T, over 55, and over 10 years) so I recommend you relax. Remember, they not only have to show you "actually improved" under ordinary conditions of life (that is, working!), but that improvement is sustained and not just episodic improvement. They will have to justify why they called you for a C and P exam when you are over 55.

They have to give you sixty days notice of a reduction, and you can/should request a hearing if they do so. It sounds like you have 2 protections:

You are protected at 10 years for severance of service connection AND you are protected at 5 years (its the same as P and T) because your rating has "stabalized".

Further, they cant reduce you UNLESS you actually improved "since your last continuace of your rating". You do NOT have to meet the rating criteria, you need only show that you have not "actually improved" since your last rating or continuance of rating.

Frankly, unless you are working (I doubt it) it will be very hard for VA to show you had actual improvement "under ordinary conditions of life". You see, if you are not under the stress of a job, then you should feel better. But, if you did have to go back to work, your mh issues could flare back up and be a serious problem. Katrina Eagle, an Attorney representing VA claimants, had a great piece on reductions but I think it may have been taken down. It may be up somewhere still, on hadit. She has excellent advice. Also, the VBM, too. Unfortunately, my VBM is older.