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flyerdoug |
Form 21-4138 Statement in Support of Claim |
Lead | ||
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In December '07 I was awarded 70% disabled for PTSD and IU but, not P and T. My NSO(DAV) submitted a Form 21-4138, Statement in Support of Claim, that
requested reconsideration of that decision and asked for P & T status. The decision was based on a 40 min interview by a QTC Psychologist who said that he
estimated I would see moderate improvement with therapy. Letters in my file from two current doctors said that my condition was permanent. The DAV asserted
that the veteran should receive the benefit of the doubt as a matter of VA policy. This week I submitted another letter from one of my doctors, a VA MD/PhD,
that refuted the QTC evaluation. I apologize for being long-winded, but I would like to know if I have covered every base, and am using the proper method of
achieving P & T status. Thank you.
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NavyNCC |
#1 | |||
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Your response look good to me. That is just the way I would have filed it for you as a VSO.
Looks like it is time to wait.. This is the hard part. Good luck,
NavyNCC
"We keep you alive to serve this ship" |
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flyerdoug |
Statement in Support of Claim | #2 | ||
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Thanks Chief.....I appreciate your response. Doug
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TDIUvet |
#3 | |||
flyerdoug wrote: You're looking good. QTC uses templates for denial. You must fight it..... don't give up. Good luck.
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cruiser |
#4 | |||
TDIUvet wrote: What????? All examiner's who do C&P exams, whether they are VA or QTC, are asked to follow an outline, or template, that directs them to provide
the specific information needed by a VA Rating Specialist. This has nothing to do with whether a claim is denied or granted.
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wingr72 |
c&p format not folowed | #5 | ||
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Cruiser,
I want you to know that I have been following this board since my award in 02 ,And I would like to tell you that you've done alot of good for a whole Lotta folks on this board and I respect you for it. Your honest feedback, it may not be what we all want to hear but but its the truth. Now I'm not looking for anything by saying this but this is just a fact.I Could go on but I won't. I just have a question for you regarding a C&P exam after I got the report from the doc who did the exam in some parts he either was confused or he blatantly lied about my range of motion and a couple of other statements that were not accurate. which reflected negative for me . Now Maybe I was unprepared for this but I thought he would have read my file before we started and he said he didn't have time . That being said My question is, Can I request another c&p before it s ruled on so the rater and myself have a fair and accurate picture of my condition. What ever the outcome is At least I know I could state my conditions with out them being assumed. Now don't get me wrong the doc was pleasant and said he was on my side . But if it was the truth I got to eat it. Sorry starting to ramble again .Thanks Winger
Last Edited By: wingr72 04/13/08 21:34:03.
Edited 3 times.
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flyerdoug |
A new QTC Exam Scheduled | #6 | ||
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Cruiser, I have a great deal of respect for your opinion after seeing your learned answers to many complex questions on this forum. In my original post I
requested comments on my pursuit of P & T since I was just declared IU in a VARO letter dated 26 Dec 2007. I submitted letters from a VA Psychiatrist and a
Psychologist while under their care for two years, which stated that I was permanently unemployable.(please read my post above). The DAV submitted an eloquent
letter requesting P & T and asked that they reconsider a QTC finding from Sept '07, which stated that I expect to improve with drugs and therapy. The
VA granted me IU in spite of the QTC, 40 min evaluation, giving me the benefit of the doubt and relying on the judgement of two long-term caregivers. I
subsequently submitted an additional letter in March '08 from the VA Psychiatrist stating that even with drugs and therapy my condition had worsened. Today
I received a form letter from the VA requesting supporting evidence from treatments by doctors within the last 12 months, and that they have ordered another
QTC exam. I had a QTC exam in Sept 07, submitted a letter from my psychologist in Aug 07, submitted a letter from my VA Psychiatrist in March 08. All of these
evaluations were within the last 9 months and already in my file. Now they want another QTC. What is going on? It is like they have not even read my file or
know what I am requesting. I am being evaluated to death! Thank you, Doug
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big and fat |
#7 | |||
flyerdoug wrote: Flyerdoug,
My two cents worth whether I'm right or wrong, I'm sure one of the pro's will correct me if I'm wrong:
From my experience, every time I ask for a reconsideration, and I submit new medical evidences on a
certain disability denied, the VA does exactly that, they reconsider their decision and they set me up another C&P exam and I am reexamed usually by
another doctor. Seems like the whole process starts all over again from day one, but usually with a final rating to my favor.
Hang in there, like NavyNCC said, that is the way to do it, its the waiting time thats the hard part. Hang in there and best of luck.
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ChrisStarz |
#8 | |||
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i'm not a vso, or an expert, i'm just a roller skater. but after my stroke, and reading these posts, i do learn a lot.
if you are iu, then why p and t? its the same amount, unless you are trying for smc or working to make more. isnt a tqc examiner the same as a va? the more you keep asking, the longer it takes. i'm 90%, and have put in for iu, if i get it, fine, if not, i'm happy, no more exams for me i wish you the best of luck |
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flyerdoug |
P & T | #9 | ||
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I am pursuing this status because I am unable to work and the level of benefits available for dependents. I am interested in the educational assistance for
children, medical coverage for my family, and survivor benefits for my wife. It would also probably mean no more examinations and with it, peace of mind.
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pinoytayo |
#10 | |||
flyerdoug wrote: Flyerdoug is on the mark. Veterans should not be satisfied with a mere IU. 100% schedular, permanent and total, should be the the goal. The benefits are
much better for veterans who are rated 100% schedular.
Mahalo,
Pinoytayo Laupahoehoe, Big Island, Hawaii Retired with over 24 years of active military service 100% Schedular P&T since April 2005 Joined VBN January 12, 2008 Overseas assignments: Korea, Philippines, Pakistan, Thailand Overseas TDYs: Japan, Thailand, Burma, Pakistan, Bahrain US assignments: Idaho, Hawaii, Texas, Virginia, Wash DC Memberships: American Legion and Veterans of Foreign Wars "Be civil to all; sociable to many; familiar with few; friend to one; enemy to none." Benjamin Franklin |
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ChrisStarz |
#11 | |||
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oh ok, understood.
thanx, have a good day |
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flyerdoug |
QTC Exam Scheduled | #12 | ||
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Cruiser or anyone who knows.... Today I was notified by phone of a 2 June QTC exam. The earlier paperwork which gave me a heads up on the exam stated that it
was to determine if I was P & T. Please tell me what the examiner will look for, in order to make that determination when it is for PTSD. What is the VA
looking for? I have had three previous letters from my docs that have said it was permanent, but apparently not good enough. They are both VA docs. It seems
there is a new hoop around every corner , just when you feel like you have jumped through the last one. Doug
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rayru |
#13 | |||
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IU and PT are paid the same. But PT receives additional medical benefits for your family, and if you are PT and pass away from your service connected
disability your wife will receive DIC
Someone correct me if I'm wrong |
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flyerdoug |
QTC Exam Scheduled | #14 | ||
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I had my QTC evaluation a week ago. I am 70% PTSD and IU. I requested to be designated P & T about 3 months ago. I believe it also triggered my second QTC
C & P since September '07. Today, I received two letters from the VARO that mentioned my two sons turning 16 and provided me with pamphlets describing
Dependent's Educational Assistance. These are Chapter 35. Does anyone have a suggestion or would care to speculate about what is going on? Doug
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flyerdoug |
Forgot to say... | #15 | ||
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In the letters I received today from the VARO also included a VA Application for Survivors' and Dependents' Ed. Assistance. The cover letter had my VA
claim number. Is it out of sequence or a mistake? Doug
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1991vet |
Reconsideration | #16 | ||
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Yes my brother is 100% for PTSD. Should he probably get p and t added to the rating? Will there be future exams ?
I've been told by some yes and by some no. Just wondering if I can get a
majority consensus on the subject. Thanks and God Bless
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Survivir |
#17 | |||
Hello Flyerdoug,
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Getusume00 |
#18 | |||
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1991vet, your bro could just be 100% and have future exams the rest of his life, or he could be 100% P&T and not have any future exams, but they can still call him in if they want to for a c & p. I have also heard that after a few years or a few c & p's, that if the condition is static and doesn't go away, they could grant P & T. If he is not P & T, you can write in for a increase to P & T, and most likely they will make him go to a C & P. Take it easy bro |
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pgwvet |
#19 | |||
ChrisStarz wrote: The T&P opens the door for the veterans familey to get some things. their better half can go to the VA, all meds are filed at the VA with no copay, education help and CHAMPVA. VP National Gulf War Resource Center http://www.ngwrc.org Veterans Helping Veterans since 1995 |
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