ptsd Predetermination For Reduction Saga

[USMC_VET]

So heres the deal.

I was given 50% PTSD and 10% for my back in 2011 wiht a combined of 60%.

My PTSD has gotten worse and I had requested an increase and committed the newbie/didnt research mistake and found out later that htis means they can reduce you, etc.

I had a C&P exam 4 months later after requesting an increase due to a recent move, however when i got there they took me to Video con with a psych doctor. They led me into the mental ward wing, no lights on and had to use a key card to get in and then left me in a darkened room and said to wait and the screen would come on when the doc was there.

I was already on edge with the ambience of the place and i was jsut thinking "Man if i say too much they are going to lock me up in here.". needless to say it was a scary atmosphere. Since my initial claim for PTSD and a reason i never completed my claim in 06' was that i am worried i will end up being labeled mentally defective and not be able to own a firearm or have certain jobs. With the latest administration leak of a posisble executive order its not helping my case to myself to pursue this. i collect firearms as a hobby and love to shoot and hunt and not being able to defend my family as well is another major hold back for me, but i will continue.

the screen came on and he started asking questions. my two major holdbacks were the gun issue as well as the fact i was in the process of getting a clearance. I am worried i will los emy clearance/job and not be able to provide for my family. I put on the everythiings fine face and held back a lot.

This was a major mistake i know. months late ri get a letter form teh VA saying they granted 10% for tinnitis, 0% for headaches and proposed to reduce my 50% PTSD to 30%.

I contacted the VSo listed on my ebenefits which turned out to be in my old state. he said to put in a request for a hearing and to keep benefit level at current level until decision etc.

during the 60 days to give evidence i submitted 2 sworn affidavits that it has not gotten better, but worse as well as a DBQ and findings from a Dr. my friend who has 100% PTSD recommended because she knew the VA system (not sure if i shoudl mention Dr's names here?). She sent me a report and i filed that as well as evidence.

that 60 days ended in march and i have waited and waited. i also have a friend who knows someone in a different regional office who i emailed back and ofrth once a week to check my case. Turns out now that it is stil in limbo because of the request for a hearing and they are now going to issue a letter soon.

She said i can do two things

1) Continue with the plan of a personal hearing which she says is more likely than not to go in my gavor, but there is a small risk that they may not go in my favor and then i will ahve to repay overpayment of benefits from MAY 1 until that date.

2) I can send in a statemend rescinding my request for a hearing and have the proposed reduction processed as normal where this is still the same small risk they will reduce you, but the repayment wouldnt probeably be required since the hold up is in the VA's court not mine, because it was going through process of adjudication and not waiting for a hearing i requested.

Either way i can appeal of course.

My question is what should i do next? I know i made the mistake of churching up my interview for C&P which is dumb and stupid and i wont make the same mistake.

In my statement after the proposed reduction i told them the reasons i held back, i was afraid of losing my job, the environment was scary to me.

I havent been seeing a psychologist at all, which i know is a problem but i have wanted to keep things off book with any treatment for the same job reasons as i stated above.

Should i request to drop the hearing or go to it? if i go to the hearing what do i need to do to make a better case?

should i get a secons IMO on top of the first one? i had gone to a couple appointments with the vet center psychologist, but i stopped going because they started to be very invasive to my privacy like "do you have firearms in the house?" I get why they ask, but that is something i would never do, my ptsd doesnt manifest itself in threatening others, i just like to be alone, i dont talk to my wife, i am distant and all that, which is hurting our marriage.

Anyways any help would be much appreciated. I know i made mistakes and have learned a lot in this reduction process as to how the VA really works and how to play their game but i sitll need more pointers from those that have gone through this

[Berta]

"I am worried i will los emy clearance/job and not be able to provide for my family."

"Berta. I was hired as a 30% or higher commendable disabled veteran"

If this employer is covered by the ADA and were aware of your disability ,they cannot discriminate against you because of it.

I know that the ADA works because my husband was the first EEOC ADA case filed in NY and he won it.

The electric company laid off a few people. He was first on the list (as the ADA EEOC regulations reveal) to be recalled.

Although the company was fully aware of his 30% SC PTSD rating when he was hired and he had satisfactory perfoprmance appraisals, they recalled a non disabled vet and then told him there would be no further recalls.

I used statements from the employer (obtained under FOIA from DOL) that said he had created a 'hostile' wortk environment' to not only win the ADA case, I used it for his claim for higher PTSD rating.

he died with 2 claims in progress and I succeeded in both. Evidence is everything!

He was awarded SSDI for a 1151 stroke in 1992 and then upon reconsideration the award was changed to PTSD with a more favorable EED...the last day he worked for the electric company.

In 1997, the VA awarded me accrued posthumous benefits for 100% SC PTSD, P & T , using the last day he worked as the EED.

Nov, 1991.

His job did not involve a clearance however, and I do understand your concern.

He also had been receiving PTSD treatment since 1983, with no meds, until he had to be hospitalized for PTSD, a few months before he died and was also in the 21 day hospital PTSD inhouse program about 3 weeks before he died.

if the DBQ is favorable and the doctor who wrote it is a shrink, maybe you will be OK.

Gastone asked:

"What did the rater give as a basis for the preposed reduction?"

Can you scan and attach their reasons and bases and Evidence list from that decision here? (Cover C file, name , address prior to scanning it)

Edited June 3, 2015 by Berta

[USMC_VET]

Berta,

I will upload/scan the reasons once i get a copy of it. I think its at home in some file (we moved recently).

The IMO's CV

PHD

Certified Case Manager

Certified Rehabilitation Counselor

Licensed Professional Counselor

Licensed Professional Psychologist

Diplomat American Board of Disability Consultants

Expert witness in SSA litigation 16+ years

5 years consulting psychologist for PTSD at the VA

As far as the hiring goes, No they cannot fire me because of a disability however a security clearance can be denied based on mental health issues. Supposedly ptsd and seeking treatment should NOT preclude you from gaining/retaining clearance, however from experience with others i know this not to be true when i know folks who have superb backgrounds, no arrests, no issues with drinking/drugs, no financial issues, foreclosures, gambling, etc. they have more impressive backgrounds than those who were granted them, the only difference being treatment for ptsd, etc. and they were denied. that being said they cannot fire me for a disability but if a clearance is a prerequisite to hold the position and you cannot gain/hold a clearance then you cannot hold the position. I was granted mine however i am still worried that seeking treatment would be a flag for review of clearance

Edited June 3, 2015 by USMC_VET

[USMC_VET]

I guess that everyones opinion on whether to go to a hearing or not depend son what the problem dbq/interview reads etc?

The Friend i had that is a VSR in a different region is telling me its probably best to not do the hearing since although it may help to personally appeal, you can also make mistakes when explaining or talking and may dig a deeper hole

[FormerMember]

See the attached for a more detailed prognosis on where you are headed. Most VA folks will tell you to roll up the carpet and go home with no fight. Ignore them. If you know you are not "better", then defend it. Any unopposed reduction will soon be met with another one. I've seen that frequently. One thing that will hurt you but you can use is no meds and little interaction with shrinks. It's called avoidance. Ignore the gun issue or it will bite you on the ass. VA can seize on it and try to do the Fiduciary switch on you.

Focus on the security clearance as the "issue". DSM-5_Changes_Sweeton.pdf

Best of luck to you.

[broncovet]

Whoa, Hoss!

Katrina Eagle (attorney) has a well written article on reductions which has been apparently taken down. Too bad, too. Its a mistake for you to try to show you meet the 50 percent criteria.

Here is why: The VA needs to show you IMPROVED since your last rating. That 2011 rating, plus any other decisions you had since that "continued" your rating more than a year ago, are FINAL.

The criteria they used to rate you at that time is considered met, and you need not meet it AGAIN. Its res judicata:

Literally "a matter judged", res judicata is the principle that a matter may not, generally, be relitigated once it has been judged on the merits.

You need not meet the criteria AGAIN...you need only show that you did not actually improve.

Unless you discontinued your meds since your last rating continuance for PTSD, and quit treatment, it will be difficult for VA to reduce you. Katrina EAgle pointed out this is the number one mistake Vets make at reduction hearings...trying to prove they met the criteria, when that is not in dispute! You need, instead, to show that you did not improve since the last continuance of your PTSD rating.

What was your GAF in 2011? What is it now?

Which, if any, symptoms improved? The burden is on VA to prove your symptoms got better, and you can still argue these are "episodic" improvements. All Vets have "good days" and bad days. So what if you had a good day on your C and p exam?

In the end, the difference between 60 and 40 percent is about 487 dollars for a single Vet. I cant see the advantage for you "throwing in the towel" admitting defeat, but that you should instead go to the hearing.

You could prepare for a "worst case senario" where your rating is reduced by 487 dollars and you have to pay that back for a few months by simply saving 487 per month you are getting now.

In other words, the VA will give you 487 per month, and, there is a possibility that you could have to pay back the 487 per month. Or, you can throw in the towel, and make it certain you will lose 487 per month. I know which one I would chose, and I have never won a fight with VA by giving up.

[broncovet]

Thanks Alex. I did not know that when you dont oppose a reduction they keep after you to do it again, but that makes sense in VA's twisted world.

Incidently, Im 100 percent for bent brain, and have been since 2006. Last fall I bought a weapon and got approved to purchase it in minutes. The 100 percent for bent brain did not harm my rights to a firearm. I dont exactly know what the criteria are to turn you down, but apparently being 100 percent and in therapy is not one of them.

I have no problem getting a drivers license to drive a car, and I would estimate I could wipe out at least as many people with an automobile as I could with a hunting rifle. If someone drove his car fast into a crowd of people he could kill or injure dozens in seconds and likely kill or injure more people than he could with a hunting rifle that holds just 4 rounds.

They should not let Veterans buy gasoline either, because that is a powerful weapon capable of much destruction! Maybe Vets should not be allowed to have windows either, as glass is a formidable weapon sometimes better than a knife. And, what about the paneling? Gee that stuff has formaldehyde in it and burns like crazy, often killing occupants in a fire. Cigarettes?? They should ban those from 100 percent Vets, too, as we already know those cause cancer and a bent brain vet could blow smoke up people's azz and cause cancer. I have no idea how they could keep all these weapons away from bent brain Vets.

Or, they should not let any bent brain VEts buy fertilizer for their lawn, either, because Nitrogen is a very powerful explosive which can kill many. Im sure you have heard of Nitroglycerin, and the "Nitro" is Nitrogen many people put on their lawn or garden. Gee...maybe they should stop Alex from his garden since he "may" just put Nitrogen on those tomatoe plants!

I can not speak for your clearance, tho I have held one of them, too.

There are laws against discrimination against handicapped, and this would include bent brain. I think they would have to show you posed a risk to others or your self to deny you a firearm. Not everyone who gets 100 percent for bent brain goes to college campuses and starts picking off innocent people with an AK47.

In fact, those in treatment are likely at less risk that those who are trying to hide bent brain and self medicate with alcohol or street drugs. So, it would be easy to argue they should give you a weapon as you are in treatment and your doc did NOT say you were a risk to yourself or others.

It would be discrimination to deny someone a firearm solely upon a mental disability UNLESS his doc said he was at risk of harming himself or others.

Edited June 3, 2015 by broncovet