I’m sorry this is so long. I just wanted to give all info:
My entire situation is my husbands ptsd back in 2016 he recieved a proposal to reduce on his ptsd from 70 to 50. I asked for a hearing and sent in a bunch of evidence with it including a letter from his va therapist. The case was closed within 1-2 months and he remained at 70. He is 100 overall but going from 70-50ptsd takes him down to 90.
Fast forward to April 2018 he receives a phone call from a hearing judge saying we missed his hearing can he do it right now over the phone (we NEVER got the letter I open everything from the VA immediately). He tells the judge he thought the case was closed (which in ebennies it was) but goes on to answer the questions. About a week afterward he gets a call from the local VA saying he has an appt scheduled for May 1st (10 days from the date of call) for a c&p for PTSD but they had an opening that afternoon if he wanted to come in then, he declined and they kept the appt for May 1st. Again we didn’t get a letter from the VA for the c&p yet so I call the va benefits coordinator at our local va and he says the letters are showing in the system. After calling him I finally receive the c&p appt letter on APRIL 30TH and for the first time ever there is no post mark date on the outside of the envelope. Ok no problem he knew about the appt from the phone call.
So he goes to the appt comes home and says he was with the examiner for 10-15 minutes. He said I just don’t feel good about it he only asked me a few questions and kept asking “anything else?” Part of my husband’s issue is memory loss. He doesn’t know what they’re looking for if they’re not asking specific questions. So anyway I tell him it’s ok they don’t go just based on the c&p they look at your therapy notes too (he’s been in therapy at the VA for 3 years basically 2x a month).
Well now on the 15th I go into ebennies and there is no open claims or open appeals or any notification letter sent but when I go to disabilities it’s showing 90% overall and 50 ptsd date 8/1/2018. So I go look at the c&p and the examiner states this is not a mistake this is progression. I would be fine with that if it were true. However his therapist (that he sees twice a month) says his progress is poor.
So my questions are:
How do they give more weight to a single exam than 3+ years of therapy? I was under the impression that they weigh all factors?
I don’t know if I should call them bc I haven’t received the letter yet or wait another week? but I don’t know how long ago they made this decision, I just happened to see it on the 15th and now we’re at the 21st and haven’t gotten anything. I just don’t want it to cut into my 30 days to appeal. And should I appeal or is there something else I can do?
Thanks for any help