HLR 100% P&T but still have exam scheduled?

[MrVet0714]

Hello all,  

I Had requested an HLR due to C&P not performing a proper evaluation on my legs.  Also as part of that there was a request to fix the PTSD error (which was listed as only Major Depressive Disordered) and PTSD was listed in the findings as not service connected. VSO said they should be linked as its the same event, so during the HLR request we asked that PTSD be granted as my records show I have PTSD due to specific events.  I Have received my letter stating I am 100% P&T, but also in the letter it states a duty to assist error for the PTSD.   

I had gotten a call last week to scheduled a new exam for the PTSD, should I be worried?  Should I even go to the exam?  I am at a loss, after so many years fighting I am now P&T, and it felt like the world had lifted from my shoulders, but now its all back again.  

 

Any advice would help.

[GBArmy]

MrVet0714 Yes you should go. It sounds like they want a new C&P to eval your requests. In the mean time, you got P&T. I'm not sure but I believe if you withdraw your new claim, they can cancel and your P&T  remains.  Your status will be as before. Check with others before you withdraw though as we don't have all the facts. When a veteran is rated P&T they really have to understand the risk they put on their status because they will re-eval your condition which is MH. 

[MrVet0714]

23 minutes ago, GBArmy said:

MrVet0714 Yes you should go. It sounds like they want a new C&P to eval your requests. In the mean time, you got P&T. I'm not sure but I believe if you withdraw your new claim, they can cancel and your P&T  remains.  Your status will be as before. Check with others before you withdraw though as we don't have all the facts. When a veteran is rated P&T they really have to understand the risk they put on their status because they will re-eval your condition which is MH. 

Thank you - after almost 20 years of fighting i finally had a small burden lifted knowing that I didnt have to worry about one thing any longer, and now here I am again.   I was not looking for an increase in my PTSD/MDD, but just to have it linked.  I wonder if I can just withdraw that one of the 3 claims and would it change anything.   Thanks for the advice I will ask my VSO about it, its just so hard sometimes.  I have so much going on inside without the need of this.   

Thank you for your reply it is appreciated 

[GBArmy]

LIke I said, check with your VSO and be sure how it's going to go. I'd even call Peggy 800-827-100 after getting the response from your VSO that you expect, and confirm that is how it will roll. But then, that's just me. Good luck brother.

[pacmanx1]

To everyone and or anyone, please stop suggesting that a veteran can lose his/her P & T status.  It is not likely to happen. Keep in mind that when the VA grants a veteran P & T, that condition/disability has been evaluated/adjudicated and deemed that it will most likely last for the rest of the veteran’s lifetime.  I have been P & T well over a decade and have filed several claims and the VA has never questioned my P & T status. One new claim that I was granted and then increased within a years’ time, the VA tried to reduce but I filed an appeal and the BVA made the local VARO restore that rating. So even if the VA tries to decrease a veteran’s rating it must still be adjudicated, and it can be appealed and overturned.

Depending on how your PTSD/MDD is rated and how your legs are rated, you could get an increase in your monthly compensation. Not sure if you meet the SMC criteria or not but it is possible. As long as your symptoms are about the same it should not be a problem.

[MrVet0714]

Thank you both - maybe I am just over thinking it.   Ive been fighting for it for so long, and the HLR person went through my records and adjusted accordingly to meet 100% P&T , but then with a re-exam of my MDD/PTSD I am just confused on why the exam if its 100 P&T.   

To be honest I am not worried about additional compensation, I am worried about taking care of the family medically.  I have enough issues they have to tend to, and because of my issues they do so much more than they should, thanks again for both of your inputs. 

[pacmanx1]

We are here to try to help other veterans get through the rough waters of the VA and their disability claims. Our goal should be trying to give the best information needed for a veteran to decide on how to go forward with his or her claim.  Veterans have it hard enough dealing with VA and some VSOs, they do not need miss information or inaccurate information causing them to miss out on benefits. This is a public site, and we are here to help but their may be some post that may need correction or clarity including mine.  For years, the VA and some VSOs try to get veterans to give up their claims and or withdraw their claims and we should be careful posting our opinions and not have all or the correct information.

When the VA rates a claim that has multiple diagnoses in a particular category, the VA is supposed to rate the disability that is dominant over the others. Since PTSD and MDD fall under the same mental health category the VA can only rate one of them. If they can not be separated the VA could combine them but still rate the dominant one. Not knowing your current rating percentages, be forewarned that when the VA grants a veteran a 100% PTSD rating, the VA may also try to say that the veteran is incompetent to handle his/her own finances/funds unless the veteran already has documented notes that he/she can manage their own finances/funds.