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Berta, Carlie And Other Experts On Here, What Should I Do?

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Navy04

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Good Morning,

A lot of you on Hadit have followed and helped with my journey, and I am very very grateful. My last FDC completed a few weeks ago. As you guys know, I am still 100% Schedular Temporary VA, I get SSDI, and wife paid by VA for Caregiver at highest Tier. My AB8 letter states that I am up for Review in March 2018, probably due to PTSD but not for sure. It does not state anywhere in my paper work or award packets what condition. I know that if I was 90% or less, that I could file for IU and would be granted IU and Permanent. I know that my 33 year old age has a lot to do with it. Just tired of being controlled, watched, followed by the VA whatever you want to call it. I am very grateful for the Pay and Benefits that my Family and I receive. Just want to be left alone, you know. What would you guys recommend I do to try to get Permanent? Thanks in advance, and I really do appreciate you guys.

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The SSDI should help you as evidence for P and T, especially if you get SS for the same disabilitie(s) that you are SC for.

Yes, I agree we want to be left alone, and not hasseled by the VA. My recommendation is to read up on reductions and understand them thoroughly as knowledge is power and it helps prevent fear, since we often fear the unknown.

The "temporary" rating is a concern, I agree. It sounds like its not a convalescent rating, tho, where they only give it to you for a few months while recovering from surgery.

Five years is a key milestone. Its tough for the VA to reduce you when you have been rated for 5 years. (Count the effective date, not the date of your rating decision.). After 5 years, your condition is "stabalized".

Remember, and I posted something on this about the 5 year protection. To reduce you after 5 years, the VA has to show sustained improvement "under ordinary conditions of life" which means while working. If you are not working, then you are safe, IMHO.

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Use the VA's own Regs to fight back!

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

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I feel, due to your age, that it would take a strong IMO for the VA to award you Permanent and Total.

Although IMOs are costly, they would be a very good investment, if you are sure you could get a doctor to agree with the P & T status.

CHAMPVA and Chapter 35 are excellent benefits that come with P & T status and VA paid about 12 thousand or mopre for my degree from AMU under Chap 35.

Were you employed when they awarded the 70% PTSD?

Did the VA consider you for TDIU at that time, if you were not employed?

Have you ever had to apply for a student loan waiver, and if so, did the doctor check of f the P & T part?

Have you ever been turned down by VA Voc Rehab solely for your SCs? That is excellent evidence that you are P & T as well..if you are also unemployed.

You certainly have many disabilities that cannot be really 'cured'.and probably take medications that would render anyone unable to work.

But I think the VA doesnt want to declare any vet P & T if they feel (without a strong IMO ) that the veteran could possibly overcome some of their disabilities.

Broncovet gave excellent advise....the 5 year mark can be a milestone.

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My AB8 letter states that I am up for Review in March 2018.

Keep in mind that this March 2018 date is just a date for review. It is not a proposal to reduce. Try to relax and continue your treatment. Your treatment records along with your SSDI award will help in your review. Try not to over think things or get in a rush, It will come.

Edited by pete992
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Thanks for the support guys. Berta, I have not been employed since Nov 2013. I was not employed at the time 70% PTSD was granted. Problem is that due to so many conditions granted SC, I was already 100% Schedular, so I was not looked at for IU. My student loans were forgiven last fall due to Permanent SSDI. I already have multiple degrees that don't get used due to my health. I am actually having 2 more surgeries here in the next month or so, another Testicular and Esophagus/upper intestine. My VA psych Doc sent paper work to Voc Rehab last year, and I was denied, due to no improvement in health expected, and that is when my Psych and PCP put me in for VA caregiver program, which my wife was approved at highest Tier. I have read a lot about the 5 year rule, and I truly believe at that time I will be granted Permanent. Just tired, and I mean truly tired that's all. Due to my Crohns being so bad the Navy did not even require an exam to make me Permanently retired. This whole process has just been hard on me, and especially the wife. I try not to worry all the time, but I grew up very poor in this country and in Mexico. A good friend of mine a Korea/Vietnam vet died late 2013, and his poor wife lost everything due to him being IU and not service connected for what he died from, and no 10 year mark. I don't want my wife and kids to have to struggle or worry, because of my decision to join the Military and come back hurt. We didn't ask for it, and I just want to be able to sleep with both eyes closed. Thank you guys so much, you really are good folks, and most days all the talking I do is actually on here. I don't worry, or feel nervous when I talk with you guys. God Bless

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You have excellent evidence. with the student loan waiver and the Voc Rehab denial ( if both are solely due to your SCs, for Permanent and Total.

I am fighting over a P & T designation for my late husband's 1151 CVA.

I had considerable evidence that they ignored and I recently emailed the Sec,UnsderSec and Buffalo RO director that I am preparing a writ because they continuously have violated 38 CFR 4.6 in my regard for years, and most recently... and I cannot accept that anymore.

The VA's position is that my husband's (CVA )Stroke) under 1151 ( meaning they caused it by malpractice , documented and owned up to by VA long ago)

Is that his 100% stroke and residuals are rated at 100% but the director said they were not Permanent and Total.

The VA obviously provided no care for the CVA , that is why it was awarded under 1151, and provided no Cure a few days before he died, so he is permanently dead with a P & T stroke contributing to death...but VA says it was not P & T.

They gave no medical rationale in the decision.

I am aggressively fighting back because they could pull this bull shit on any survivior of a vet, by saying, yes the vet had 100% SC but was not P & T with it at death, and the survivor would NOT receive CHAMPVA and Chap 35 DEA,

as an accrued award ....unless they succeed in a DIC claim...

I have 13 pieces of evidence, one from a former VA Secretary, that stated my husband was Permanently and totally disabled by his CVA, and I emailed Sec Bob, that VA could easily disregard anything he might write on a VA letterhead, the same way they have disregarded this piece of my evidence as well as everything else I sent to them.

They arent arguing with the 100% rating at all ( part of the CUE I won a few weeks ago,) they are arguing with the word Permanent.

Stroke Aug 1992, misdiagnosed for 3 weeks, diagnosed and then the IHD cover up began, veteran died October, 1994....

He had a C & P exam for the stroke residuals a few months after he came home from the hospital . I was present when the Neuro did the exam here at Bath VAMC and she declared him Permanently and totally disabled by the stroke.

The VA has that C & P, and all other evidence proves the Permanent status.

This situation and the direct contact it brought me with the director of my RO and her lackey rep who called me twice and lied to me (I named him in my emails to VACO), makes me even more concerned about the way the ROs do business.

I should have taped those RO phone calls...

But thats OK I have their incompetence documented in the last 2 denials they made.

.

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