ptsd My Ssd Case.

[spike]

filed for ssd with the same disabilities on my va claim. The atty is working on it from the start of the claim. My last day at work was March 1. With my GAF of 40 he wants to start with that. I am pending I/U. I am hoping for an increase on my PTSD claim since it was a PTSD issue in which I was medically retiring my position from the employer. It has gotten worse with all this Iraq and Iran crap on the news......I am currently 50% PTSD, 40% Lumbar Disc (Herniation in L4/L5), Bilat knees 20% each, 10 % Scars, and a few other Sc's what do you think my chances are...for ssd approval?

[betrayed]

....if need be I'll dig up the senate notes in which several top VA folks said no future exams for P&T vets....this is a clear black and white issue!

PleaSE dO!

[Jay Johnson]

Well, keep in mind that what constitutes "new and material" evidence is very subjective from the VA's view point. I think folks with multiple rated problems have a much higher chance of being called in for a C&P after being found P&T because the VA can poke through medical records and/or use an appointment for something rated only 20% to justify opening a claim on a more severe, and permanent, 100% disorder.

In my wife's case, when I pressed this issue because they reopened her P&T PTSD case, they said that they had new and material evidence because I sent in a letter from her primary care doc stating that she could handle her own finances (to get her off of that god-awful fiduciary program)....the letter stated ONLY that the doctor asked her questions regarding her finances and that she seemed capable of handling them (I made the doctor be VERY specific not to mention a single word about her PTSD). But, the VA had "something" and, therefore, covered their butts, but only AFTER I had complained about them rerating a P&T case did they mention this evidence (after we got the new rating). Perhaps the letter got their attention, but it certainly wasn't their real basis for lowering her and, eventually, sending her to another C&P.

So, now I don't go within 10 miles of a VA facility. I pay for her psychiatrist out of pocket (because tricare sucks) and she will never talk to another VA employee again for the rest of her life. If they want "new and material evidence" they better get a subpoena:-)

P.S. - The info was in regards to senate hearings about IU. I actually got the info from someone who had posted it to hadit awhile back (and used it in my CUE at the time). Here's the post(s) - http://www.hadit.com/forums/index.php?showtopic=1869&hl=

Edited May 17, 2007 by Jay Johnson

[Jay Johnson]

One more note on this - I know some folks will say, "but the VA says it cannot be limited under 3.327, so they can send P&T vets to a C&P"....this is wrong in my opinion. That discretion, on the VA's part, is limited to new and material evidence and/or CUE type claims...they cannot simply send a P&T vet to a C&P because they feel like "checking in on them". The reg states as much, it has been said many times in BVA decisions and the VA top brass has expressed it to congress, but, despite all of that, it's the spirit of the designation and simple common sense. If a disorder will not likely improve, than it's a waste of time/resources to keep investigating it and once someone is deemed "P&T" they should never lose that designation unless new and material shows a clear improvement or there was fraud in determining the original status.

SO's should be all over the VA if they try to pull this nonsense, but they don't seem to care and most vets just accept it without question....this has to stop.

[Pete53]

Jay thank you for your post. Its the best one I have seen on this Board lately where a member actually credits another member Railroader for a post that helped win a favorable decision.

For the people who are still working their claims this is a great lesson. Hadit is the best resource that you can find to help you with your claims its a goldmine in my opinion.

[Jay Johnson]

It's the least I can do and that quote I highlighted seems to be very powerful to me:-) "Required" is a very strong and blunt statement that really leaves no room for interpretation and being that it was made by the VA top brass to congress (likely under oath), I don't see how the VA can ignore it or try to skirt around it.

Simply put, if you are P&T and the VA is scheduling C&Ps for you, they are breaking the law.

[betrayed]

Thanks Bro, will keep in my ammo locker incase of future skirmishes