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#1 JOHN1

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Posted 18 December 2011 - 09:11 PM

63 yr old male and two small children and out of work wife.

Have been 100% PTSD for 2 yrs. C&P scheduled in Feb 2012, then 2015.

How do I get to be P&T for the benefits for my kids.

Have always made my regular appointments with the va doctor and GAF always 50.

My condition has worsened if anything.

My question:

1:Should I and can I apply for P&t
2: On these C&P re-exams, which scare me to death, what are the chances of being reduced, which would push me over the edge as I can't be around people and can't work.

3: On my regular pysch doctor appointments he always wants me to try new medications and I politely refuse and I have be through them all, now on maximum Zoloft dosage. By not changing will the board take this as a negative or uncooperative attitude. The doctor allows me to continue Zoloft upon my request as it is the only thing I tell him work better than others. Symptoms same but tolerable.

Please Help!

God Bless
John

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#2 john999

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Posted 18 December 2011 - 09:17 PM

I think at your age you should ask for P&T. I am 62 and have been P&T for ten years. When I got TDIU I was denied P&T. I filed an immediate appeal and got P&T within one year. I think the worst that will happen is that you get denied but I doubt it.

#3 Pete53

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Posted 19 December 2011 - 01:55 AM

Ask one of those Docs to opine on how long your PTSD will last. I have not heard of any cures once you have PTSD the best you can do is manage the symptoms.

Good Luck

#4 Philip Rogers

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Posted 19 December 2011 - 06:29 AM

JOHN1 - I would request P&T, as soon as possible. Actually once the claimant is 55yo or over they should be rated P&T (ie: no future exams). Applying for TDIU is an application for increase and therefore the VA will probably do a re-examination, as they like to have something to fall back on, that supports their decision, either way. Yes, they could reduce, however it's highly unlikely they would do it and it's usually an easy win to stop the reduction.

If it's been more than one yr, since your 100% award, you could also CUE that decision, stating that they failed to award you P&T, as required by VA policy. That could bring you a retro active award of P&T and ChampVA(if you have some medical bills either paid for or still owed, for that previous two yrs). Also, did they consider A&A or Housebound(HB) in that decision?? If not they should have and I would pursue that, if you feel that it's appropriate. Just a few thoughts.

As to your medications, you are not required to take any and whether you do or not should not have any affect/effect on your claim. I've taken meds for my 100% PTSD three times, for about three months, in the 22+yrs I've had my 100% award. jmo

pr

Edited by Philip Rogers, 19 December 2011 - 06:34 AM.


#5 JOHN1

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Posted 19 December 2011 - 07:45 AM

JOHN1 - I would request P&T, as soon as possible. Actually once the claimant is 55yo or over they should be rated P&T (ie: no future exams). Applying for TDIU is an application for increase and therefore the VA will probably do a re-examination, as they like to have something to fall back on, that supports their decision, either way. Yes, they could reduce, however it's highly unlikely they would do it and it's usually an easy win to stop the reduction.

If it's been more than one yr, since your 100% award, you could also CUE that decision, stating that they failed to award you P&T, as required by VA policy. That could bring you a retro active award of P&T and ChampVA(if you have some medical bills either paid for or still owed, for that previous two yrs). Also, did they consider A&A or Housebound(HB) in that decision?? If not they should have and I would pursue that, if you feel that it's appropriate. Just a few thoughts.

As to your medications, you are not required to take any and whether you do or not should not have any affect/effect on your claim. I've taken meds for my 100% PTSD three times, for about three months, in the 22+yrs I've had my 100% award. jmo

pr





Thanks so very much,
Can I apply on line, if so which forms?

God Bless
John



#6 JOHN1

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Posted 19 December 2011 - 07:46 AM

Ask one of those Docs to opine on how long your PTSD will last. I have not heard of any cures once you have PTSD the best you can do is manage the symptoms.

Good Luck


Thanks so much

God Bless

#7 JOHN1

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Posted 19 December 2011 - 07:48 AM

I think at your age you should ask for P&T. I am 62 and have been P&T for ten years. When I got TDIU I was denied P&T. I filed an immediate appeal and got P&T within one year. I think the worst that will happen is that you get denied but I doubt it.


I shall do it today and keep you folks posted.
God Bless
John



#8 Philip Rogers

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Posted 19 December 2011 - 08:02 AM

JOHN1 - I'd use the "statement in support of claim" form which I believe is form 21-4138, as it's a sworn statement and carries more weight. I'm not sure if you can apply on-line but most probably. I'd also send it USPS certified, return receipt requested.

pr

#9 terrysturgis

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Posted 19 December 2011 - 08:17 AM

John1, if you are not working, you should apply for Social Security Disability (SSD). Being on SSD is also evidence that you should be P&T. Terry

#10 JOHN1

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Posted 26 December 2011 - 08:06 PM

I am still praying for the right answer to apply for P&T.

Called the VSO (local va rep) and he said "it's best to leave it alone, they may decrease your 100%". Not the response I wanted.

But the fact remains.

My condition has worsened, I'm 63 and to be 64 in a few months, I have 2 children at home 6 and 10 yrs old (yes they are my children, not grandchildren, which I have been blessed with) and my wife is unable to work.
I have been 100% PTSD since march 2009 and SSDI 100%. Still see my therapist on a regular basis.

Called the 1-800 # and they show C&P scheduled Jan2013 and Jan 2015.

Any further support or help to make this decision would be a blessing

My thinking is I should apply before I get a letter for the upcoming C&P or should I wait.

Please help.


God Bless
John

#11 evandc

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Posted 27 December 2011 - 05:11 AM

Eleven years ago the answer to my prayer was "you know what to do, do it." JMHO you can't go around worrying they will cut you. IN your situation it's not that likely that will happen. You have much to gain for you & family with P & T. Of course, it is up to you, I think it's full speed ahead & don't look back. Someone at VA or even some VSO telling you they may cut you is in my Humble Opinion BS. This ain't my first rodeo & you need to do what's best for you.

Good luck,

Don Evans
100% (70% PTSD, 30% TDIU) P & T + "S" SMC & "K" SMC
20% Residual of Prostate Cancer
60% IHD

#12 carlie

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Posted 27 December 2011 - 06:52 AM

63 yr old male and two small children and out of work wife.

Have been 100% PTSD for 2 yrs. C&P scheduled in Feb 2012, then 2015.


John


JOHN1,
Please update your profile here to show your current level of SC.
Thanks

#13 Philip Rogers

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Posted 27 December 2011 - 07:01 AM

JOHN1 - you've been told to apply and haven't. If you wait until the first of the year you will have lost another month of award, when they award P&T. We can lead a horse to water but it's up to him if he'll drown. Apply today!!!!!!! My last comment on this topic.

pr



I am still praying for the right answer to apply for P&T.

Called the VSO (local va rep) and he said "it's best to leave it alone, they may decrease your 100%". Not the response I wanted.

But the fact remains.

My condition has worsened, I'm 63 and to be 64 in a few months, I have 2 children at home 6 and 10 yrs old (yes they are my children, not grandchildren, which I have been blessed with) and my wife is unable to work.
I have been 100% PTSD since march 2009 and SSDI 100%. Still see my therapist on a regular basis.

Called the 1-800 # and they show C&P scheduled Jan2013 and Jan 2015.

Any further support or help to make this decision would be a blessing

My thinking is I should apply before I get a letter for the upcoming C&P or should I wait.

Please help.


God Bless
John



#14 carlie

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Posted 27 December 2011 - 07:10 AM

JOHN1 - I would request P&T, as soon as possible. Actually once the claimant is 55yo or over they should be rated P&T (ie: no future exams). Applying for TDIU is an application for increase and therefore the VA will probably do a re-examination, as they like to have something to fall back on, that supports their decision, either way. Yes, they could reduce, however it's highly unlikely they would do it and it's usually an easy win to stop the reduction.

If it's been more than one yr, since your 100% award, you could also CUE that decision, stating that they failed to award you P&T, as required by VA policy. That could bring you a retro active award of P&T and ChampVA(if you have some medical bills either paid for or still owed, for that previous two yrs). Also, did they consider A&A or Housebound(HB) in that decision?? If not they should have and I would pursue that, if you feel that it's appropriate. Just a few thoughts.

As to your medications, you are not required to take any and whether you do or not should not have any affect/effect on your claim. I've taken meds for my 100% PTSD three times, for about three months, in the 22+yrs I've had my 100% award. jmo

pr


pr,
I'm lost on this one.
Even if a year has passed - yes, the decision becomes final - but from what I've read so far, the issue of P&T was
adjudicated on that decision and he has been scheduled for future exams in Feb 2012 and 2015.
I don't see where the cue is ?
Are you referring to the portion of the regs that relate to 55 yrs old to relate to a claim for cue ?

#15 Philip Rogers

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Posted 27 December 2011 - 07:35 AM

Yup, carla, that's what I'm saying. They need to follow their rules, and if they don't, explain "like hell" why. jmo

pr



pr,
I'm lost on this one.
Even if a year has passed - yes, the decision becomes final - but from what I've read so far, the issue of P&T was
adjudicated on that decision and he has been scheduled for future exams in Feb 2012 and 2015.
I don't see where the cue is ?
Are you referring to the portion of the regs that relate to 55 yrs old to relate to a claim for cue ?



#16 JOHN1

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Posted 27 December 2011 - 02:24 PM

I just finished filling out the FM 21-4138 requesting my 100% PTSD status to be changed to "Permanent and Total" with no further exams.

I did so based upon:

1> My age is 63 yrs old
2>My unchanged and worsening condition (PTSD)
3>Inability to work
4> The VA' recognition of my PTSD status since April 2006 (30%) then to 100% March 2009) which exceeds five years.
5> Further exams would be detrimental to my health (mental and physical.

Have attended all requested appointments by VA.
Still see my therapist on regular basis.
Also stated I have not worked since 2005

ANY SUGGESTIONS TO ADD?? Should I request the effective date to be earlier?

What office address do I send this certified/return receipt too?


God Bless
John

Edited by JOHN1, 27 December 2011 - 02:30 PM.


#17 john999

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Posted 27 December 2011 - 02:33 PM

Send it to your VARO where your C-File is at. Good luck. At your age you should probably been rated P&T when you got 100%. I would drop number (5). If you are 100% schedular you should have been considered for HB when you were rated.

#18 JOHN1

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Posted 27 December 2011 - 02:41 PM

Thank you!



My award states 100% PTSD, is this "schedular"?

I live in Louisiana.

John



#19 JOHN1

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Posted 27 December 2011 - 08:12 PM

[quote name='carlie' timestamp='1324990355' post='267156']
JOHN1,
Please update your profile here to show your current level of SC.
Thanks
[/qu

Carlie:

How do I update my file?

John





#20 carlie

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Posted 27 December 2011 - 08:17 PM

Carlie:
How do I update my file?
John
[/quote]

John,
I just updated your profile to 100 % for you.

#21 JOHN1

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Posted 28 December 2011 - 12:05 AM

Thanks Carlie.

Do you have any further input regarding my app. for P&T, even though my 100% award letter stated "this is not permanent and total and subject for future exams"?

God Bless
John (just worried)

Edited by JOHN1, 28 December 2011 - 12:06 AM.


#22 cooter

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Posted 28 December 2011 - 05:21 AM

John1

If your going to worry about a deduction if you file for P&T, then why aren't you worrying about a deduction at your future exams on 2012 & 2015? What I'm saying is, if you don't file for P&T now, that deduction is going to haunt you for ever. If you truly want P&T, then you have take that chance and claim it. You shouldn't have any problems since your PTSD is worsening. Which brings my attention to #2. The word "unchanged" should be changed to " My PTSD has changed to the worse"...Anyway, I'm happy to hear your going to claim it. Best of luck!!



Coot (Don't worry)


#23 JOHN1

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Posted 28 December 2011 - 12:46 PM

John1

If your going to worry about a deduction if you file for P&T, then why aren't you worrying about a deduction at your future exams on 2012 & 2015? What I'm saying is, if you don't file for P&T now, that deduction is going to haunt you for ever. If you truly want P&T, then you have take that chance and claim it. You shouldn't have any problems since your PTSD is worsening. Which brings my attention to #2. The word "unchanged" should be changed to " My PTSD has changed to the worse"...Anyway, I'm happy to hear your going to claim it. Best of luck!!



Coot (Don't worry)


Thanks Coot, just got back from the post office and sent it certified return receipt to New Orleans regional office).

Thanks to all, will keep you posted.

God Bless
John



#24 JOHN1

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Posted 30 March 2012 - 06:25 PM

Just got two letters today:

First frrm regional "requesting more and additional info supporting my claim for "change status from 100% PTSD non permanent to Permanent and total".

Second letter , scheduling C&P Exam in two weeks.

I knew I was to have scheduled C&P Exams 2012 and 2015 before I filed for claim P&T status, so this does not worry me.

I assume VA is awaiting the results of the upcoming C&P before making decision on my claim for P&T.

Question:
When one goes to another C&P exam after being 100% for about 3 years, does the new examiner take into consideration these past three year and prior history etc; or is it like starting from scratch? During my regular PTSD Va doctorr/medication appointments the GAFs have been 50 every three to six months.

Secondly, my PTSD has worsened despite medications. Is it possible to screw up on the upcoming C&P and my current status be dropped or lowered (I know anything is possible) but have anyone of seen a 3 year 100 PTSD vets benefits changed backwards so to speak?


God Bless
John1

#25 john999

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Posted 30 March 2012 - 07:34 PM

When I requested P&T the reviewed my VA recoards and noted that my condition was static. I only waited one year for P&T and got it on appeal from original decision on TDIU. I think I should have gotten 100% schedular P&T but at that time I was happy with TDIU and P&T. I was getting workers compensation and I wanted to get far, far away from that system. In the WC system you never get P&T. You could be 90 years old and bed ridden and they will find work for you. You could get a letter from a private doctor saying you are P&T. if you have time. I did that myself. How old are you? I was about 54 years old I think.

John

#26 JOHN1

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Posted 30 March 2012 - 10:42 PM

i'M 63 YRS OLD AND HAVE MY TWO BOYS 7&10 AT HOME WITH MY WIFE.

tHANKS

jOHN1
GOD BLESS

#27 Philip Rogers

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Posted 31 March 2012 - 12:56 AM

JOHN1 - you should be safe and should get P&T w/o much problem. You're over 55yo, so they should've made you P&T from the beginning. In the highly unlikely event they do attempt to reduce, be sure to request a hearing, immediately. I think you're safe. C&P examiners usually go w/the previous examiners evaluation. Keep us posted!

pr



i'M 63 YRS OLD AND HAVE MY TWO BOYS 7&10 AT HOME WITH MY WIFE.

tHANKS

jOHN1
GOD BLESS



#28 cooter

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Posted 31 March 2012 - 02:11 AM

John1, this might be interesting to you. It's a link from Jim Strickland (Watchdog) site. He's a well known Veterans Advocate nation wide. When you get on this page, scroll way down and you'll see what he has written on P&T.
http://www.vawatchdo...nt___Total.html


Coot

#29 JOHN1

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Posted 31 March 2012 - 10:09 AM

Thanks so very much for your replies, just worried.

Have the C&P exams been changed much over the past two-three years, if so where can I find the info, also I can obtain supporting info from my private doctor and therapist, as before.

God Bless
John

#30 Berta

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Posted 31 March 2012 - 10:53 AM

Some have changed over last few years:

http://www.vba.va.go...exams/index.htm

#31 john999

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Posted 31 March 2012 - 01:12 PM

John1

If you were not worried about c%p exams you would not really be normal, but I don't think you have anything to worry about in this case. Just don't tell them you feel great and really want to get back to work. Don't arrive wearing a suit and tie and tell them everyone in you family worked until they were 95 and you want to keep up the tradition.

John999

#32 JOHN1

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Posted 31 March 2012 - 03:38 PM

John1

If you were not worried about c%p exams you would not really be normal, but I don't think you have anything to worry about in this case. Just don't tell them you feel great and really want to get back to work. Don't arrive wearing a suit and tie and tell them everyone in you family worked until they were 95 and you want to keep up the tradition.

John999




Thanks so very much for your support.

God Bless
John

#33 JOHN1

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Posted 02 April 2012 - 05:01 PM

Called the C&P office today to confirm the appointment.

The lady stated not everyone will gets the "full exam "but only "will talk to you".

What does this mean if anything?

God Bless
John

#34 Veldrina

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Posted 02 April 2012 - 05:17 PM

Hey guys, just chiming in here.

Evandc, just so you know, sometimes you CAN be reduced when claiming either an increase, a P&T, or other ancillary benefits if the exam is done & they find your condition has improved. It may be BS, but unfortunately it's a real thing that can happen. This isn't to scare anyone, it's just a casualty of VA.

Re "The lady stated not everyone will gets the "full exam "but only "will talk to you"...I'm guessing that means that you, the rater, & any involved service orgs will get the exam but it will only be discussed with you? Not too clear on that.


Re exams: we are now doing DBQs (disability benefits questionnaires) for almost all conditions, PTSD included. It's a more simplified version of the interview process (at least on paper). The doc will ask if you have certain symptoms & they get input into our programs to produce an evaluation. I agree re not showing up in a suit & talking about wanting to work. Just discuss the impact your symptoms are having on your activities of daily living and how you feel they have worsened and you should be ok. You don't have a protected evaluation, which only happens after 20 yrs, but at the 5 & 10 yr marks, they can't reduce you based on one exam. A future exam must be scheduled to ascertain that there is indeed a level of improvement shown, and not just that you had a good day that day symptoms-wise.

We don't necessarily consider ppl P&T after age 55 because it's been shown that many ppl keep working past that age. However John1, between your age, SSDI & the consistent rating since 2006, I think you'll get it.

#35 JOHN1

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Posted 02 April 2012 - 07:51 PM

Hey guys, just chiming in here.

Evandc, just so you know, sometimes you CAN be reduced when claiming either an increase, a P&T, or other ancillary benefits if the exam is done & they find your condition has improved. It may be BS, but unfortunately it's a real thing that can happen. This isn't to scare anyone, it's just a casualty of VA.

Re "The lady stated not everyone will gets the "full exam "but only "will talk to you"...I'm guessing that means that you, the rater, & any involved service orgs will get the exam but it will only be discussed with you? Not too clear on that.


Re exams: we are now doing DBQs (disability benefits questionnaires) for almost all conditions, PTSD included. It's a more simplified version of the interview process (at least on paper). The doc will ask if you have certain symptoms & they get input into our programs to produce an evaluation. I agree re not showing up in a suit & talking about wanting to work. Just discuss the impact your symptoms are having on your activities of daily living and how you feel they have worsened and you should be ok. You don't have a protected evaluation, which only happens after 20 yrs, but at the 5 & 10 yr marks, they can't reduce you based on one exam. A future exam must be scheduled to ascertain that there is indeed a level of improvement shown, and not just that you had a good day that day symptoms-wise.

We don't necessarily consider ppl P&T after age 55 because it's been shown that many ppl keep working past that age. However John1, between your age, SSDI & the consistent rating since 2006, I think you'll get it.




Thanks so much.

What is "ppl"?

She meant I believe some vets get different depths of interviews!


God Bless
John1

#36 Notorious Kelly

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Posted 03 April 2012 - 05:41 AM

ppl = people

#37 JOHN1

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Posted 03 April 2012 - 07:47 PM

My therapist and my family physician are both giving me letters to the fact PTSD has gotten worse and they feel it is a "permanent and total disabilty and can not return to the workplace"

My question is should I give a copy to the examiner next week at the C&P or just forward only to regional office as they requested. Do you send the "originals" or a copy".

God Bless
John1

#38 cooter

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Posted 04 April 2012 - 12:00 AM

My therapist and my family physician are both giving me letters to the fact PTSD has gotten worse and they feel it is a "permanent and total disabilty and can not return to the workplace"


Did they use the VA language; It is my opinion>
"More likely than not"....OR..."As likely as not".....


My question is should I give a copy to the examiner next week at the C&P or just forward only to regional office as they requested. Do you send the "originals" or a copy".


Yes take them with you! Just be aware that some examiners doesn't like looking at any paperwork a Vet may bring. At least you'll have them in case you have a caring examiner.
You also want to have those letters put in your c;file for evidence. If you mail them to your RO, make sure you send them certified w/receipt. That way you'll have proof with a signed receipt that they received them.


Coot

#39 Veldrina

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Posted 06 April 2012 - 06:51 PM

as cooter said, do both. Bring it with you do examiner can mention it & send a copy to VA office (we accept copies)

#40 JOHN1

JOHN1

    E-5 Petty Officer 2nd Class

  • Second Class Petty Officers
  • PipPipPipPipPip
  • 99 posts

Posted 09 April 2012 - 04:00 PM

Thanks to all replies and will keep u posted as to the C&P which is scheduled this week.

God Bless

John1




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