Question:
Jim,
I am 100% service connected for PTSD from a sexual assault in the Navy. I have been 100% since 2005. I have the C&P exam tomorrow and I am nervous that they will take away the 100% and drop my rating. I used to be a substance abuser and now I am clean for almost 2 years.
What do you think they will do. Why do I have to see them again. R they just checking up on me or what? I am going to be honest and not lie. Is it true that once you are 100% it is permanent status? I hope to hear from you soon. I have the appointment tomorrow at 2pm.
Answer:
As you can imagine, I do wish you had contacted me a bit sooner. Without knowing more about you it's very hard for me to offer competent advice.
I'll do what I can...
There is no "permanent" status. Although many ratings are called "permanent & total" (P&T) any rating at any time can be questioned, investigated and a proposal to lower the rating can and does occur. When a veteran has been rated 100% P & T for 20 consecutive years, the rating becomes "protected" in that it can only be lowered if the VA can show that it was obtained or maintained fraudulently.
The VA is mandated by law to ensure that your rating is appropriate for you at any given time. In other words, if you have been treated for your condition and you have improved, the VA is likely to suggest that your rating should be lowered.
Also, when you first receive the letter that notifies you of your rating, it will tell you that you have "future examinations are scheduled" or that "no future examinations are scheduled".
It's very important that you find your award letter and see which phrase is used. If "future examinations are scheduled" that means that the rating was considered to be temporary and the C & P exam is specifically to look for improvements so that the rating can be lowered.
If the award letter says "no future exams scheduled" the rating is considered to be permanent and usually only in an unusual circumstance will the veteran be reexamined.
There are also differences between 100% schedular and 100% Individual Unemployability (IU). If the veteran is rated 100% IU and has started to work at gainful employment, the VA will often want to reexamine that veteran to look for improvement. I've written about this often and advised that there are numerous things a veteran should do to protect herself as we enjoy our benefits.
I deal with this a lot. I also work with many MST veterans, both male on female and male on male victims.
My limited advice to you today is that you should go ahead and attend the C & P exam and not sweat it too much. It's too late to do anything else so simply proceed and be as open and honest as you can.
After you return you may want to contact me again so that you can prepare to receive the notification from VA about their intent for your future. If there is an attempt to lower your rating, it will come in the form of a letter of proposal. There are numerous actions you must timely take upon receiving that letter.
If you receive such, it doesn't mean they will lower your rating, only that they propose to. You have numerous rights to appeal and not ever miss a payment. You can't delay though, clocks will be ticking.
The bottom line is that having a disability compensation check each month is sort of like having a job. There are plenty of things you should do to maintain your position within the "company" to ensure your future.
On a special note:
I've received quite a lot of email lately from victims of Military Sexual Trauma. Most of the email has come from women who were assaulted or raped during their service. More than I could have expected has come from men who were assaulted or raped by other men.
I'm hearing of some significant issues...mostly that there isn't much attention given to the mental health needs of this group of veterans. These veterans are being pushed back as the DVA provides for our more recent PTSD afflicted OIF veterans.
We know that the DVA reacts to bad press. The recent Walter Reed scandal or an email from Norma J. Perez http://vawatchdog.org/08/nf08/nfMAY08/nf051908-1.htm make headlines and the DVA quickly goes into its clean up mode to deflect further bad press. The less popular problems get swept under a rug and resources are diverted to make the press happy.
One veteran is speaking out and wants action. She's a victim of MST and recognizes that in numbers there is strength.
If you are a female victim of MST and if you're interested in joining forces with another or many others with a similar problem, let me know. I'll put you in contact with her so that you're able to develop plans to ensure that no female victim of MST is left behind.
Jim Strickland's Mailbag: Volume #39 for 2008
NOTE: Letters in my mailbag are reprinted just as they come to me. Spelling and grammar are left as is and only small corrections are made to improve readability, ensure anonymity or delete expletives that may offend some readers. This is not legal advice. You should always seek the advice of an attorney who is qualified in Veterans' law before you make any decisions about your own benefits.
05.28.08
Question:
Jim,
This is an appeal to all military organizations and all Americans. Let us request Justice for all veterans who need and deserve first-class medical care as well as pensions for service-related disabilities. Safe to say, U.S. Senators and Representatives enjoy fine homes. Not one member of Congress is a homeless, destitute person. We know they enjoy highest-quality medical care and comfortable pensions. Many of these persons have never put their lives on the line as uniformed service personnel.
(This email goes on to tell me how we MUST organize to demonstrate to improve our lives.)
Basic guidelines for demonstrators would be simple: Give police no reason to go ballistic. Video tape each demonstration at each Senator's home. Get close-ups of any rowdy persons; these would doubtless be "spoilers" sent by "bad guys" to discredit our March on Congress. Within the law, assist police in arresting any rowdy persons. Ask friendly lawyers to attend each demonstration to be eye-witnesses. Inform each Senator ahead of time and request that he or she speak with local police command officers to ensure that they keep tight reigns on their people.
You are not asked to identify yourself or your organization at this time. You may opt to respond using a masked email address. Please give some idea of how many peaceful demonstrators you would try to turn out in what state or states. The person promoting the foregoing would like to maintain low-profile for the time being. Code name: Justice One. He is 71 years of age and, as a young man, wore Marine Green. He is listed in the 2000 edition of Who's Who in America. His trigger for this project is having a Vet friend whose treatment by the VA is totally rotten. This friend is now living in a tent in a national forest where he can fish for food. He is 100% disabled, service-related. The VA has advised him to take no employment, but wants him to pay for medical care and is paying him nothing to live on. Nothing! Please discuss this with those you trust and send the requested message to say you will participate.
Would the Fourth of July, 2008, be too soon for you to mobilize your people?
Answer:
This is one of the worst ideas I've seen this year. It won't happen and if it did would only succeed to alienate further any rationale thought toward our real goals.
This email tells me that there are "bad guys" who will cause problems. It doesn't identify who they are.
There is an anonymous coward hiding behind a pseudonym, "Code name: Justice One".
Another anonymous coward sent me this email.
The anonymous coward asks me to find "friendly lawyers" to give of their time to witness these events. Of course, using the words "friendly" and "lawyer" together is nonsensical. I don't want friendly lawyers. I like lawyers who are mad as hell advocating for me.
Then this email tells me I can be an anonymous coward too, “You are not asked to identify yourself or your organization at this time. You may opt to respond using a masked email address.”
I could go on but I simply don't have time. I'm busy trying to help veterans in real ways to solve real problems today.
And I'm not an anonymous coward. My name, photo and email address are published for all to see. The loud mouths who publish this trash are a veterans worst enemy. Spouting off nonsense about forming protests around the homes of elected officials gives civilians all the more reason to isolate, ignore and fear us.
Question:
Jim,
I read your article today on VSOs and all of the negative experience veterans are having with them when it comes to disability claims. I filed my disability claim myself, not knowing what I was doing at all...it was for PTSD (military sexual trauma) and it was approved! Then when my condition worsened I applied for further compensation and was awarded 100% permanent and total, unemployability!! (in record time I was told). I also filed with Social Security and was awarded my benefits there the first time around. So, encourage all vets, or use my example as well, to encourage all vets to do their claims on their own. The key I found was to have excellent documentation!! I had a ton of medical records to back up my claim as well as work records showing all of my absences from work. I mean, we all know how much the government loves paperwork...so I sent them as much as they could handle.
As for VSOs, I've had horrible experiences there as well. I'm a single parent of 2 children. Living on veteran disability pay isn't easy and a couple of times my bills were much higher than my income and I really needed financial assistance---so I went to my county VSO. What a mistake. Each time I was turned down and told I just needed to learn how to manage my money better...but it was the second time that was the worst. The VSO told me that I should "play the lottery"! And he was serious. He never cracked a smile. That same day I was in there their office was getting all brand new furniture; but they couldn't help a fellow vet. No, I was told to "play the lottery".
I will never go to that VSO office again for anything.
Answer:
I'll say it once more; If you have a well grounded case and if you have evidence that will be required by VA and if you use some of your time to do a good job of completing your application...you do not need to turn your power of attorney over to a stranger who may not have a clue as to what they're doing.
Nobody cares about your claim as much as you do.
Question:
Jim,
I want to be the second to say that once I fired my VSO I made some real progress with my claim. If I had of stayed with the VSO I would be 20% today as it is I have 100% that I acquired (Agent Orange) the hard way and I got it by clearly and concisely showing the correct information to the VRO. Once the information was presented there were no problems. Keep up the great work. Just last week met a veteran who was trying to raise his rating (condition was worse). I told him and his wife here is where you need to go to get information you need and showed her yours and Larry’s web sites. They left smiling. God Bless.
Answer:
Thanks for your kind words. I know only one single fact: veterans want to hear the truth. That's all, no more. Once you know where you stand, you are able to deal with anything that confronts you.
Larry and I are committed to that as we go about our mission. We'll continue to provide you with the reality of the world that veterans confront each day. Then it's up to each individual to make use of it all to succeed...just as you've done.
