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

[Navy04]

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.

[broncovet]

Berta

I hope you are not offended by this, as no offense is intended, but I think the VA saying your late husband's condition was not permanent is more than a little crazy, and even hilarious. Is your late husband supposed to get better and have a new exam? What is the VA going to do, exhume the body to see if his conditions "actually improved under ordinary conditions of life"?

This one takes the cake. The VA wont admit his condition was "permanent" even after death? I suppose the VA thinks his condition will improve. There is no condition "more" permanent than the one that causes death. Its the ultimate in "permanent and total", and is a classic example of VA manipulating their interpretations and failing to give BOD. The "preponderance of evidence" is that your hubby was P and T, and I never saw his file..I dont have to, his death proves it was, indeed, a permanent and total injury that did not improve.

The criteria for P and T is that the condition is likely to last the patients lifetime.

Maybe you should file for "housebound"? Isnt it true that he can not leave his "new" home, even for medical appointments, that he is "substantially confined" to his premises? I would like to see the VA try and say he was not housebound.

Edited May 22, 2015 by broncovet

[jbasser]

That is one of the roadblocks they put up in front of PTSD claims.

Since there are no actual medical diagnostic tests available, they only thing the VA has to go on is a Guess from a MH doc.

This opens the door for the VA to play head and mind games with the PTSD folks. They even stacked the deck on their side since you can no longer use an outside opinion unless you are treated by that doctor.

You could get treatment outside the VA by a Private MH doc and then you can get a static or not opinion. (Static is the keyword for P and T)

Basser

[Berta]

Broncovet , that was a hoot ! LOL ! I know how ridiculous it is, and that VA never pulled this on any survivor before , that I can find, in my search at the BVA.

They did award the HB with the 100%, with the first 6 months award under 1151, but you are right, he is permanently dead and confined to the Cemetery at the Bath VAMC. and not at home anymore.They still owe that HB too for about 16 more months.

I feel bad that I have repeated myself many times here on this issue for the last month or so.The ramifications for survivors is too important not to raise hell about it....as well as P & T vets they could say do not have Chap 35 and CHAMPVA eligiility for their dependents...

This was NOT a medical determination..my evidence (holds many medical determinations of P & T....as to the Permanent status status , Voc Rehab letter, SSDI award, Former Sec letter, VA doctor P & T statement on student loan waiver and a few other things as well....regarding an ADA case we won....

the company could not give him the job back because he was P & T from the CVA.

And also the Agent Orange Settlement fund paid under P & T for the stroke as well as the 100% PTSD.

I sent them the letter from the Judge here in NY on that.

.it was what the Director wanted me to accept...instead of actually reading my evidence.....

Death makes every 100 %that is SC , to become P & T.

Heck they didnt pull this on my accrued 100% P & T PTSD posthumous award, under direct SC, and the regs clearly state 100% SC plus 100% 1151 equals two separate 100% payments...

The whole point is they ignored to read my medical evidence and the director acted like it didnt make a difference.....

And the funny part is ...even i\without a P & T designation , they STILL owe me about 16 more months anyhow as an accrued benefit........

A few vets over the past months have been getting letters sent to their spouses, saying that they are dead.

Maybe I will get a VA letter that they have resurrected my husband!

Heck,.......... then they would owe him far more in compensation than they ever paid me....

J basser is right too.....the 2010 regs have probably hurt more vets that we know, by making a VA MH diagnosis critical to an award.

That is why we all need to understand the key regulations of 38 CFR 4.6, basic VA case law as old as the VA itself and never amended,

otherwise they will try in time, to f ---us all ..., any claimant with even a documented P & T status ( CHAMPVA and DEA are dependent on the P as well as the T)

and/or our survivors.

It is absurd and that is why I am filing a writ for the court to order my RO to read the regulation and then read my probative evidence.

A writ means you have exhausted all other means .appeal wise,to resolve the issue and in my writ I put that I am not a VA employee and thus not able to teach them what this basic VA 101 regulation means, nor able to teach them how to read.

How can a director go over my evidence from VA doctors as to the P & T status?

Just like they tried to overrule a VACO opinion for my HBP claim.I still dont even think any medical person prepared that posthumous quack exam..That didnt work and neither will this ridiculous attempt to deprive me of my rights either.

Thank you Broncovet for getting my point.

Sometimes I just think I am crying in the wilderness about the stuff VA will try to get away with....and yet anyone of us can become victimized by it ,

unless they fight back.

[broncovet]

Gee, maybe you should put his ashes on your fireplace and apply for A and A. After all, he wont be able to dress himself, attend to the wants of nature, and he wont likely be able to make it to the potty without help from others.

[Navy04]

I appreciate all the input about you guys situation, I am still dumb founded as to what makes sense for me to make my next move. Thanks