New C&P exam 2 years after getting disability?

[ErinNick]

Hey guys!  You all were very helpful when my husband was going through the PTSD claim process.  He finally received his approval Oct of 2017.  He just received a phone call on Thursday letting him know he has a new C&P exam scheduled for the 25th.  He never asks a lot of questions, but can anyone tell me why?  Are they trying to take away his 70% disability?  Are they trying to rate him higher?  What is the purpose for this after him being 70% disabled for 2 years.  I can tell you, he is NOT any better than 2 years ago.  He's lost a job and had a week stay at a private hospital for his PTSD during these 2 years.  I'm just so confused why he is having to do another exam.

[GBArmy]

ErinNick

Don't fret; normal for the VA to call for a re-eval, especially between 2 years and before 5 years after initial award of grant. This is because they want to be sure that the veteran is receiving the appropriate amount of comp. First and foremost, he must attend. Not to do so would result in losing his rating. OK, so he isn't better, but worse. Did he lose his job before or after the 70% rating? Bring evidence. If he can get a letter from his former employer as to why he lost the job, all the better. In that case, if it was for poor performance, like lost a lot of time due to absenteeism, could get along with others, couldn't follow instructions, whatever, the more in there the better for him. Bring contact info: name, company, phone number. If you can, and they permit it, go with him to the eval. If he had to stay at a private hospital, any records like discharge info, process notes (If favorable to his case) would be good to have. I assume he has been attending sessions for his condition; the VA will be looking at those notes. If, like you say, his condition is worse rather than better, there is a possibility his rating could even get higher. Go in with evidence if you can. Be positive. You've already done the hard part, getting the disability. It is a lot easier to show that he deserves to keep it.Let us know how you do. Best of luck.

 

[Dustoff1970]

Based upon my 35 years of experience filing my own VA claims and appeals here is my experience and opinion.

From 1985 to 1991 I was service connected for Vietnam PTSD and almost every year I was called in for a VA C&P exam with a very hostile or indifferent Texas VA examiners.  In last 2 or 3 years my PTSD rating was reduced and then terminated and my worthless older VSO did absolutely nothing to assist me or appeal or contest the rating and reduction in spite of my receiving frequent treatment and medications for PTSD at two VA hospitals.

In 1998 I filed on my own a reopened combined PTSD and TDIU claim and underwent a more thorough professional C&P exam in Nevada VA and received a 70% PTSD rating with IU payable at the 100% rate.

It is very important that your hubby continue to receive medical treatment and medications for his PTSD from the VA or private doctors and to document all this treatment and medications with copies so that you can contest or oppose this reduction if it occurs.  The VA has to send you a notice of proposal to reduce and then you have 60 days to respond with your arguments.  Hopefully you have a very good, experienced and motivated VSO to assist you and him in this endeavor.

As to your current scheduled C&P exam (if any) he/you should make notes for him to take to exam showing his continued difficulties with PTSD and dealing with people and family and friends and fellow employees (if any).  By now you probably know the recognized VA medical symptoms for severe PTSD and he should take copies of above medical treatments and medications to the exam to give to examiner.  Do not ever give VA any originals but only copies.

From 1991 to 1998 I received no treatment or medications for PTSD but I explained why in my written reopened claim and also to the examiner in person and gave him a prepared folder with my PTSD struggles history for past 8 years and I was granted 70% PTSD with TDIU in 2000.  In 2003 my TDIU was made P&T now for over 20 years.  For just about any reason VA can and routinely does call in vets for yearly exams for any and all disabilities.  This is your chance to argue that his PTSD has worsend and maybe examiner will give a favorable write up to justify a higher rating than 70% such as TDIU (Unemployability) but only if he is not employed at present time.  There are many arguments you can put forth in your exam and claim for this increase request.

I am not an attorney, paralegal, VSO or advocate and above info is not legal advice but only my own experiences.

[broncovet]

You have nothing to fear, if he has not improved.  Remind him to know the answer the the C and P examers question:  How are you today?

Most people use the (inaccurate) "Fine".  Dont do that.  

He needs to tell the doc how he really is, and that means on his worst day.  If you tell the doc you are "fine" then you will be backpedaling the whole exam.  

Instead, if on Thursday you got in a fight and the cops were called, tell em that!  

If he woke up in a nightmare and tried to crawl under the bed, then tell em that.  

Just tell the doc what happened on your worst day, not today.  If he is disgusted cuz he cant work, tell em that!  

Example:

Doc:  How are you today?

Vet:  Much better than (worst day, say Tuesday).  Then tell what happened on Tuesday which made it bad.  

Make sure you mention he is not working.  Its a good idea to mention "why" he is not working.  I doubt if its because he is lazy.  How many people want to hire a PTSD Vet who is trained in weapons use?  You probably have heard the news.  Would you want to be responsible for hiring someone who came back with a gun and started shooting when he got mad??

I would not.  

Given your situation, it is likely a good thing and will result in tdiu, or increase to 100 percent.  Dont forget to apply for increase or tdiu.  

Edited November 24, 2019 by broncovet

[broncovet]

Be prepared, however, for a possible reduction.  Know what to do.  If you ask that question I have some great answers.  

[ErinNick]

I should probably say he has a job after being fired now, but his employment has been so unstable.  He cant keep a job for longer than 2.5 years.  When he loses it (and I know when it's coming usually), it always puts us in a bad situation financially.  The week stay at a private hospital was due to threatening to drive his truck into a building going 100 mph.  He told this to co-workers at the job he was later fired from.  He also just recently stopped going to weekly therapy at the VA and is now trying to find some kind of group therapy.

His impulse habits are really bad.  He'll do something and not even worry about the consequences.  When those consequences involve me or our children, that's when it gets really bad.  He also has no patience for the children.  I wrote a letter in support for his disability when he originally received it.  I just may have to write another highlighting all the lows we've had these past couple years due to his PTSD.

Edited November 24, 2019 by ErinNick

[Dustoff1970]

Everything you just said in your last post should help him receive a higher rating such as TDIU or 100% however, you have to document all this with eyewitness statement letters from you, other people and/or bosses and/or co workers detailing his actions and attitudes.  These statements from you and others is considered evidence for claims purposes and also show to the examiner.   Very important you get copies of his hospital stay treatment diagnosis and his VA therapy sessions to show ongoing need for PTSD treatment and for increase in his disability rating.  Copies of his PTSD medications are also important for claim increase, etc. See my last post before this one for more info.  Good luck.

Above info is not legal advice as I am not an attorney, paralegal, VSO or advocate but posting my own personal opinions and experiences here.

Edited November 24, 2019 by Dustoff 11
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