It took 12.5 years from first submission until the VA finally awarded my husband 100% Permanent and Total + Housebound!
This is for everyone else out there fighting the battle!
DON’T GIVE UP!
I’m sorry to have been away from my blog for so long. It’s been a very, VERY, busy year. Work has been kicking my butt and by the time I get home I really don’t want to do much. We’ve had some other things kicking our butts too, but that’s another story (click to read more). I’ve also taken on a new hobby that incorporates some “me time” along with my love to share smiles and helping veterans. I joined Pinups For Patriots! YAY! Go me! If you want to check out what I’m doing in the Pinup world, please like my Facebook Page.
</selfless plug>
Anyway, what I would like to talk about today is the fact that I haven’t stopped advocating for my husband when it comes to his pain and the VA. In fact that is also another part of my busy life. So, last year in October was his last civilian Botox treatment. He was due for another one in late December, but you know how the Holidays always throw off everyone’s schedule. So we went to schedule it in January. For the past 3 years he has been having this done, every three months, all we’ve ever had to pay for was the doctor’s visit. The Botox was covered. Well, 2016 rolls around and not any more. We will have to pay $1000 every 3 months in order for him to get his Botox. We just couldn’t afford this.
So I asked him to ask his Primary Care at the VA to refer him to VA Neurology. He had that appointment on the 3rd of February. When we explained the conditions, he said, “No problem. I can refer you to the Pain Center for that.” We also brought up the fact he wanted to try Ketamine Infusions. And the doctor said he would include that in his referral and we could discuss it at the Pain Center.
A month goes by and we never heard anything. We logged into MyHealthEVet every so often to check for an appointment. Called the VA Pain Center and they said they never received a referral. He finally found out that on the 4th of February, a different doctor went through his records and saw that he was getting care outside the VA for Botox and revoked the referral.
Joy.
Ok, two months have gone by since the original Neurology appointment. He had his first visit with the VA Pain Center, his consult, on May 6th. May 6th! And even though he’s been there before he STILL had to go through his history. Oh and it’s all right there in his medical records! But they decided to start from scratch. He had to go through a “test” procedure with steroids and lidacaine, something that he’s gone through so many times before and it didn’t work. It was documented in his VA medical records that it didn’t work. Yet they wanted to do it again since “it’s a new procedure.” Um, no it’s not. TheHubs explained to the doctor the exact procedure he went through the last time he was there. It was the same procedure the doctor was explaining to him. But, let’s try it one more time. That happened on July 5th. And guess what?! It did nothing for him.
Ugh.
So we had to wait even longer to get that Botox injection. His next scheduled appointment was 3 October. This was when he was to have his Botox. Even though we brought his civilian doctor records of the last 3 years worth of injections, the VA only does half the dose at double the time. Oh this is so frustrating. During this appointment we also found out that the VA Pain Center is not trained to do most of the areas he has been getting Botox injected into, which happen to be his worst areas. So they are writing in his notes that he needs a referral to go to Neurology to do that. We also mentioned Ketamine Infusions. They said they have done a few of those in the past but he needs a referral for that as well. The nurse instructed us to contact his PCP to get that referral.
We sent a secured message to his PCP on the 4th. We get a reply on the 11th stating that Neurology is submitting a referral to the Choice Program (where he can see a civilian doctor). Of course we haven’t heard anything. I call up The Choice Progam and they don’t have an authorization letter for me to speak on his behalf, even though we’ve sent it in multiple times over the years. Apparently they are not the VA, but work with the VA. Ok. So I finally get to talk to them and they don’t have the referral yet and it usually takes at most 3 business days to get it.
We sent another secured message to his PCP and the nurse instructed us to contact the VA Neurology. VA Neurology knew nothing about a referral. They said his Primary needed to submit the referral to the Choice Program. Emailed his PCP back, and they said, no, Neurology needs to submit the referral.
Oye ve! Can we please stop this merry-go-round? I want off!
When we emailed the PCP back, the nurse said that she will “forward this to a specialist,” whatever that means.
So, I’m still fighting for my husband for him to get the care he deserves and hopefully some relief from all the pain. It breaks my heart to see him balled up in bed, ripping at his hair, squeezing the crap out of his neck, nearly in tears all because of the pain.
This was taken outside the VA Pain Center when he went in for his procedure…the first time. I just love it!
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Our Story
I contacted the VA Under Secretary, in hopes to either speed up the process or at the very least, let them know about the gobbledygook woman that did his C&P.
Again, they just “passed the buck” on the whole thing. We did get an “update,” if you want to call it that.
Here’s what we got:
STATUS OF APPEAL: Your husband’s appeal began in July 2011 when VA received his Notice of Disagreement.
BVA VIDEOCONFERENCE HEARING: On 07-24-14, a videoconference hearing with the Board of Veterans’ Appeals (BVA) was requested. The next step in the appeals process will be the scheduling of that hearing. Your husband will be notified in writing of the date and time of the hearing.
A hearing is not required. The wait for a BVA videoconference hearing can be long as there are limited slots available. The St. Petersburg, FL Regional Office – which is where the hearing will be held – received many requests for BVA videoconference hearings prior to your husband’s July 2014 request. Those requests are filled based on date order.
If your husband decides to withdraw his request for the hearing, the appeal would then go directly to BVA for their review. (provided no additional evidence has been submitted requiring Regional Office action) Please know that he is entitled to a hearing – it is his choice whether to have the hearing. If he decides to withdraw the hearing request, that written, dated, signed statement should be submitted via:
· fax to VA’s Evidence Intake Center at (844) 531-7818
· or mail to Evidence Intake Center at –
Department Of Veterans Affairs
Evidence Intake Center
PO Box 4444
Newnan, GA 30271-0020APPEALS BACKLOG: The appeals backlog is large. Regional Offices and the BVA are working those appeals based on the date they were received. I apologize for the long wait which I know can be frustrating. The Under Secretary has repeatedly requested additional resources from Congress to help VA work appeals more quickly.
EXPEDITING AN APPEAL: However, please know that an appeal may be expedited for a veteran who is terminally ill, homeless or otherwise experiencing very serious hardship. If your husband is in one of those categories, he may request that his appeal be expedited based on such circumstances. To do so, submit that request in writing with documentation of the hardship to the VA regional office in St. Petersburg, FL. Documentation of severe financial hardship could include such things as copies of bankruptcy proceedings, eviction notice, past due bills, utility shut-off notices, etc. Submit the request and the supporting documentation via:
· fax to VA’s Evidence Intake Center at (844) 531-7818
· or mail to Evidence Intake Center at –
Department Of Veterans Affairs
Evidence Intake Center
PO Box 4444
Newnan, GA 30271-0020If your husband does not fall into one of the above categories, then his appeal will continue to be worked in date order. That means it may be a few months to many months to even more than a year before the next step in the appeal, which is the scheduling of the BVA videoconference hearing. Again, I apologize for the long wait – but I want to give you a realistic timeframe.
CHECK STATUS OF APPEAL: To check on the status of the appeal, please call 1 (800) 827-1000. Your husband’s representative, Disabled American Veterans, can also provide updates and assistance.
I hope that this information is helpful to you and your husband. As noted above, the next step in the appeals process will be the scheduling of the BVA videoconference hearing. Your husband will be notified in writing of the date and time of the hearing.
This waiting is expected. I grew up in the military. Everything was hurry up and wait. But this is absolutely ridiculous.
Let the “more waiting” ensue.
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We recently completed our annual eye exam. (You can read more about that here.)
We had to spend about $600 on TheHub’s glasses. His eyesight is increasingly bad. Every year he needs a new prescription. And glasses aren’t cheap. And since he’s become photosensitive, we decided to get him a pair of prescription sunglasses. So that tacked on to the price tag. Luckily, we used his old frames for that. I was hoping that would help him get out of the house more. But they aren’t as dark as we were hoping, nor are they as strong as he needs.
So, I’ve been trying to think of something he can do so he’s not stuck in the house all the time, something he can be passionate about again. And I posted the dilemma I have to one of my caregiver groups I’m in. I was blessed to have found it because the lady who runs it, her husband also suffers from migraines. She pointed me to the VA for their VIST program (Visual Impairment Support Team. Her husband goes through them and they have given him two pair of special glasses, one for inside and one for out.
During my research on this, I found that in our location it is called the VICTORS (Visual Impairment Center to Optimize Remaining Sight). I called them yesterday morning and they said they don’t normally see migraine patients, but they put in a referral for TheHubs to be evaluated by this program.
He now has an appointment for the end of September. I do hope this works for him, better than what we can get on the civilian market with our limited pocket-money. And allows him to get out of the house better, and more often.
Wish us luck.
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I’ve been trying, for two months now, to find the contact information for Secretary Bob McDonald. I’ve had one person offer help with our claim because she had his “cell phone number” and would “gladly help so no one had to go through what they had to deal with.” Yeah, after 3 attempts to contact her different ways with no response, I’ve given up on her.
I sent the second letter to Rep. Ted Yoho on 6 February 2015 and haven’t heard anything back.
On 3/4/2015 I tried sending a letter to the House Committee on Veterans’ Affairs and when I hit the submit button it returns a 404 PAGE NOT FOUND error. I also sent that same letter to the Senate Committee on Veterans’ Affairs and when I hit the submit button on their contact form, I receive “Access Denied.”
Yeah, I’m beginning to think there’s a conspiracy to cover up anything dealing with the VA. So much for their “TRANSPARENCY.” UGH.
Sent them both a tweet about it. No response.
Went to the Senate’s Facebook page but the option to post on their page has been disabled.
Went to the House’s Facebook page and asked about the 404 error there, and tagged the Senate’s account. Now we wait to see if they respond.
Yes, I’m getting very, VERY frustrated.
I went home that night and posted this in my caregiver support forum:
Today was a complete waste of time and effort. So many things I WANT to do but I spent most of it lost in google and government red tape. Someone in another offered to help with our claim issues and never followed through. I also haven’t heard back from my Representative I wrote to a month ago. So I decided to see if I could look up Secretary McDonald’s contact info. No luck there either. Then, I went to the House AND Senate Veterans’ Committees and their contact us form. One gave me a 404 Not Found error. The other, Access Denied. I thought maybe it was just the browser, so I tried another. Nope. Me thinks there is a conspiracy! I tweeted both of them. No response yet. I went to their Facebook pages. The Senate Committee page doesn’t allow posts from followers. But the House one does. I commented about their web page issue and tagged the Senate in that same post. No response yet. So frustrated. I guess we are supposed to be patient and wait, even though we’ve been doing that since 2003. I guess we aren’t meant to be lucky like everyone else. I guess pain and suffering in more ways than just what he’s going through is our lot in life. I should accept this. But I’m not going to stop. I will continue to try to get my heart hurt because that’s what I have to do. If I don’t do it. He will give up. It just reminds me of the story of Job in the bible. There’s always hope. Right?
I received an offer to help from one of the admins who was “connected.” Four emails later, and started feeling a bit better.
But that didn’t last.
I’ve sent the letters to Senator Ted Yoho, the House & Senate Committee several more times since February. I have heard nothing. What else can I do to get this going? I know I’m supposed to “Hurry Up And Wait.” That’s been the military motto my father drilled into my head since I was a baby. You’d think I would understand this by now. Logically knowing this is so very different from actually practicing this.
A few days ago, we did receive a letter from our Regional Office stating:
We have certified your appeal to the Board of Veterans’ Appeals and are transferring your VA records to the Board in Washington, D.C. The Board will notify you when it has received your records.
More Hurry Up And Wait. Let’s see, here’s a brief rundown of our latest claim with the VA:
You can see how frustrating waiting can be!
In the mean time, I continue to advocate for him, anyway I can. But I’m running out. If anyone has any more ideas I can try, I am open and willing to listen. Please send them my way. I have finally found Secretary Bob McDonald’s phone number, which I will leave here for anyone else; but I think I might be too chicken to call him. I wouldn’t even know what to say. I write better than I speak.
http://static.c-span.org/assets/swf/CSPANPlayer.1434395986.swf?clipid=4507948
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So, yesterday was a day of HOPE. Today, not so much. But I’m still advocating!
I’ve been following a the use of magnetic stimulation for migraines since 2008. eNeura, Inc. has the first FDA approved personal magnetic device for use with migraine patients. In 2013, the FDA approved its marketing. I attempted to contact the company then to see about getting my husband into a study or find out any more information. However, no one ever returned my email. Their site was basic and they only had a contact for press relations. I tried anyway.
We know from first hand experience that magnetism WORKS to relieve his migraines. When he was still in the Army, and the migraines weren’t as often, nor as bad, he would keep a neodymium magnet inside his cap and it would help. When they went to the berets, though, there was no place to keep it secured and hidden. So he went without. Every time he’s ever had an MRI he’s had a very bad migraine. This is not unusual, even, since he gets them at least 4 times a week. Every time he’s gone into the MRI machine, he falls asleep almost instantly, and then wakes up with NO MIGRAINE. So we know magnetic therapy works. But there’s no way we could get our own personal MRI machine. Plus, it would be incredibly expensive to run the thing. *shudders*
Yesterday, I went looking at it once again. This time, there was more information about the device and more contacts I could pose more questions to. I again sent a letter explaining my husband’s 15 year migraine history and asking about the device, how much it costs, and how we could get it. This time, they responded quickly, but with rather disappointing words.
Dear Jamie –
Thank you for your inquiry regarding eNeura’s SpringTMS migraine treatment device. We are pleased to announce ours is the first clinically proven, non-invasive device cleared by the US Food and Drug Administration to relieve pain caused by migraine headaches that are preceded by an aura. The company has also received European CE mark for its SpringTMS device for the treatment of acute migraine and is currently marketing the device in the United Kingdom.
The initial U.S. availability of SpringTMS will be through a post market open-label study with leading headache specialists at a number of headache centers around the U.S. The headache centers participating in the post market open-label study are located in Arizona, California, New York, Ohio and Pennsylvania.
Please email Customer Care to request contact information for the site nearest you, or click on this link for a complete list of the sites currently recruiting for the study: https://clinicaltrials.gov/ct2/show/NCT02357381 . This link will also provide you with the list of inclusion and exclusion criteria for the study. If you husband does not meet the criteria, please still contact the study site nearest you. Some of the sites are also prescribing the device to private-pay patients who do not meet the study criteria but may benefit from sTMS (Cleveland Clinic, Mayo Clinic and Jefferson Headache Center).
The SpringTMS is rented for $750 for a three-month prescription, and we do not have a discount program in place at this time. If your husband is prescribed the device, the prescribing clinician will provide a treatment plan that is appropriate for him.
Best regards,
eNeura Inc.
Sr. Director of Customer Care
Seven hundred fifty dollars EVERY. THREE. MONTHS! Oh man oh man oh man. And this isn’t even something that insurance will probably pay for right away, I’m sure! Let alone the VA.
Speaking of the VA.
This got me thinking and doing a little more research. I found out that the VA has a research and development team within their organization. So I thought I’d contact them. With the eNeura device still in studies, I thought maybe the VA would consider this. I know there are more veterans out their who suffer migraines than just my husband. And I wonder how many of them are in the same situation where nothing has worked for them to relieve the pain and severity and the number of them. TheHubs has exhausted the VA Pain Center’s capability to help him. Last year was his last appointment with them and they pretty much told him that they can no longer help him.
I am hoping beyond hope they will consider getting into the study and offer it up to my husband. But this is the VA we are talking about. I don’t know what else to do, where else to go for help. Their “Contact Us” form is generic and done by a 3rd party (UGH) rather than contacting R&D directly. And now I wait.
Please pray.
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I guess it’s about time to update you on our VA Claim/Appeal process. Last time I wrote about the VA Scandal and where it got us. I was so excited to see that Washington actually took our story and made movement on it. My veteran was getting all kinds of calls for a week or so and each time they told him that they couldn’t do anything until such-and-such department made their decision.
Well, I guess that department made their decision because we got a letter from the Director of the C&P office. Here’s what they said:
We received your letter regarding your Compensation and Pension (C&P) exam
with <EXAM DOCTOR>. <CHIEF OF C&P DOCTOR>, Chief of C&P, reviewed the letter
received, the C&P exam notes from <EXAM DOCTOR>, and met with the examiner to get their
input.
<EXAM DOCTOR>’s professional opinion is based on objective evidence and a
thorough review of available resources, to include: service treatment records,
electronic medical records, Disability Benefits Questionnaires (DBQs), and Veteran’s
statements. The diagnosis was reached through a forensic disability psychological
exam. This is standard practice across all Compensation & Pension services within
VHA. reviewed the examination notes and supports ‘s
rationale behind her professional opinion. <CHIEF OF C&P DOCTOR> mentioned that during his call
with you on December 3, 2014, your concerns were discussed and you indicated you
were currently going through the appeals process with VBA.
We apologize for any misunderstanding that may have been caused.
If you have been following our Appeal Updates, you might remember that the C&P examiner only saw my veteran for no more than ten minutes and rushed him out, saying his memory is fine if he can remember all the meds he takes every day for the last 7 years and that his nightmares are nothing more than “gobbledygook”. How is gobbledygook “objective evidence?”
Why do they continue to only focused on the PTSD portion of his claim? He’s been told he missed the PTSD qualifications by 2 points. Ok, fine. He doesn’t qualify for PTSD. BUT, the VA found, during that C&P exam that there is evidence of depression and mood disorder and his VSO clearly defined the precedence in his NOTICE OF DISAGREEMENT SUBMITTED ON 7/8/2011.
July 8th, 2011!
That was 2 and a half YEARS ago! And they STILL ignore it.
I also applied for the VA Caregiver Support Program in May of last year. Some caregivers told me it took them a month, while others told me it took them a year. I’ve given it a while now, somewhere in the middle, and decided to check up on my request. After many calls to many different people, we found that the national office had attached it to my file but never emailed the Caregiver Support Coordinator. When she found it, she apologized profusely and said she’d do what she can to get this pushed through as fast as she could. A few days later, we had our eligibility appointment. I just received a call from the VA Caregiver Support Coordinator telling me that we qualify based on his mental health. However, there is no record that it’s service connected. I proceeded to explain to her that it’s still in the claims/appeals process that we’ve been fighting for years over. She informed me that if/when we receive that service connection, to contact her and she will get this pushed through again.
This is just our luck. What a kick in the teeth.
So now the scramble again, to get this ball rolling. I’ve contacted Rep. Ted Yoho again with a second letter. We’ll see how that goes. And TheHubs is trying to contact his VSO about this. Since he’s always so busy, he had to leave a message.
And the waiting game continues.
Do you remember the Veterans Affairs scandal that broke on 30 April 2014? The one where a whistle-blower claimed that as many as 40 veterans died waiting for care while the Arizona facility pencil-whipped their schedules to make it look like they were maintaining efficiency and the infamous “secret” wait-lists? That scandal opened up an internal audit of the VA across the nation, including The House of Representatives passing legislation to fund an investigation by the Justice Department.
A scathing interim report released by the VA Inspector General revealed Wednesday that the average wait time for registered patients at the Phoenix facility was 115 days.
It also found that about 1,700 area veterans were not even on the wait-list and “continue to be at risk of being lost or forgotten” and “may never obtain their requested or required care.”
The report determined there is “systemic” misconduct throughout the VA.
The report did not confirm whether the long delays resulted in veterans’ deaths, but promised to investigate the link between wait times and “possible preventable deaths.” (Source: http://abcnews.go.com/Politics/veterans-adminstration-scandal/story?id=23914029)
The media was all abuzz about these investigations and veterans from all over the country sent in their stories. I happened to be watching Fox & Friends one morning where Peter Johnson, Jr. was talking about the many stories veterans had sent to him. At the end of his commentary, he asked that if anyone else had stories to please send them along. I sent Mr. Johnson my husband’s story. If you’re not familiar, you can read it here.
I had already written our Senators and our Representative in hopes to move my husband’s claim along. The only one to take any action was Rep. Ted Yoho. His aide called me and they sent an investigation into his claim. That was earlier in the year. We did get a denial, again, in July. I wrote another update about this here.
In May, I wrote to Fox News. I never really expected anything to come of it, honestly. There are so many others out there worse off than we were, but I had to get his story out there. I still held a tiny sliver of hope for him. And that’s all it takes I guess, because on 1 August, I was contacted by the Assistant Director of the Congressional Liaison Service of the Department of Veterans Affairs. She stated that my letter to Fox News was forwarded to “Chairman Jeff Miller, House Veterans Affairs Committee, U.S. House of Representatives. The Chairman has asked the VA Congressional Liaison Service to assist with answering your concerns. Due to privacy issues, I need the Veteran to contact me directly with full name and address and specific concerns/issues that he/she is experiencing with the VA.”
HOLY WOW!
I immediately got TheHubs to send another letter back to her. We summarized his previous letter and added more detail about his latest C&P as well as the appeal letter his VSO sent up the chain. Some of it is included in the Appeal Update #2 post. He also included this last bit:
I got out of the Army in July 2002. Here I am, 12 years later, still fighting for my benefits. I may not have the visible wounds that others have, but it doesn’t make me less broken. I may not have had boots on the ground in Iraq or Afghanistan, but that doesn’t make my experiences in Albania/Kosovo any less than anyone else’s. I am sick of people looking at me like I’m faking it, or telling me “You don’t look disabled.” I’m sick of being dismissed because I served in “The Forgotten War” as I call it. But most of all, I’m sick, and tired, of fighting. If it wasn’t for my wife, my caregiver and soulmate, I would have given up on my fight and life a long time ago. That’s what the VA wants–for the veteran to give up so they don’t have to pay out. We cannot let them win!
My hope had been restored again after he sent that email. But, per usual, as time passed, this subject faded to the far reaches of my mind. I forgot about it. Not completely, mind you. I still held onto it by a sliver of a thread of hope.
It’s now 4 December 2014, and a few days ago it decided to come to the forefront of my brain. All because TheHubs got a call–rather, several calls from the St. Petersburg Regional VA Office stating, several times, that they received a “letter from the White House” about his case and they were looking into his concerns. When looking into his case, one of the people who called him stated that his case was really “messed up.” Ya think? We’ve known that for years. Apparently they were the group of people set up by the VA to investigate messed up claims. They told him not to be surprised he received a dozen or so more calls over the next few days as they all worked his case. Even another person called yesterday, this one shocked us both. It was the guy in charge of the facility where he had his last C&P, the one who said his nightmares were “our brain’s way of processing gobbledygook.” He told TheHubs that if that is indeed what she said, and if he indeed only had a 10 minute meeting, that it was so very wrong. Yeah, why would we make that up?
I sit here, now, still processing what’s transpired over the last few days. At first, I didn’t know what to feel. I was beginning to wonder if it was because I’ve been traumatized all these years dealing with a screwed up VA who would send us mixed signals. Or if it was merely shock, as a friend told me. I did feel a bit sad that our media could make the VA move faster than my Congressman, and faster than the VA ever did. But that’s all I felt these last few days. So, I was leaning more towards the trauma. This morning, though, I woke up and that familiar stir inside. You know the one? The anxious excitement of hurry-up-and-get-it-over-with-already returned to my stomach and chest.
I’m almost at the end of this post and I am still debating with myself whether or not to post. We’ve had plenty of luck over the years, plenty of BAD luck and I don’t want to jinx this. Seems as though a lot of things I get all excited and hopeful about, that moment we acknowledge it out loud is the moment everything takes off full-speed downhill. It’s just so frustrating to see (and know) so many people who’ve gone through their own VA claims process that have had more minor issues than TheHubs and skated through the system in less than a year with more percentage than he has. And they can still work! It’s high time my husband had some good news, I think. So if you have it in you, could you please pray to your God, send positive energy, or whatever you do to give GOOD luck, send it our way for a speedy AND JUST resolution to this incredibly LONG fight.
Thank you so very much.
If you’re not familiar with our story, you can read it here.
We started his claim for PTSD, as well as an increase for his migraines, on July 22, 2009.
According to the VA’s time-table, the claim was considered on July 29, 2010. They then sent out a Notice of Decision on 8/2/2010.
This is when we began our Notice of Disagreement. He went to visit his VSO representative and together they filled out the NOD. We had family write letters, gathered all his civilian medical records, and even sent in several news articles and his orders for both Albania and Kosovo. This took some time before they could mail it off. The VA received the NOD on July 14, 2011.
On October 2, 2012, we had a personal hearing at the St. Petersburg VA where we were interviewed and recorded. Sort of like a deposition. The moment we entered the meeting, the VA Decision Review Officer (DRO) immediately conceded to the maximum allowable rating for migraines. Relief. We didn’t have to fight for that one anymore.
However, the rest of the meeting was quite painful. I learned a lot more than I ever had, and I probably still don’t know it all. But I watched him break down and I couldn’t help him. I had to sit there and listen and absorb everything. It was so overwhelming and my emotions overflowed as well. This was one hard meeting. I never want him to have to do that again. Learning about the things he kept inside, the things he tried to shield me from, the things he never really wanted to talk about, started me on my own path of shared PTSD. That’s what I am calling it now. Shared PTSD or Secondary PTSD. Doesn’t matter, depression/PTSD, all ailments are shared by the entire family. I didn’t know it until much later, but I had my own breakdown; hence the reason for this blog.
After that meeting, we waited, and waited, and waited some more.
On January 29, 2014, he went to his Compensation & Pension (C&P) hearing. You can read about the outcome here in more detail if you wish. But let’s just say that this was a complete waste of time. Five minutes he was in there with the lady. He came out completely broken. She wouldn’t listen to him. She dismissed everything and sent him on his way. We knew then, it was the final nail in the coffin.
On July 14, 2014 the VA sent their Statement of Case (SOC). It was very thick and full of legalese. Understanding this is near impossible. But what we got out of that 34 page document is that they were NOT going to change their decision. He immediately called his VSO representative but couldn’t get him in until July. He’s both very busy and THAT good!
Last week, he saw his VSO rep and they discussed his options. We now have to appeal his (NOD) and our VSO recommended that we opt for a BVA Hearing by live video conference because that is the shortest wait time with a better possible outcome – if you consider a year and a half to two years short. But looking at the other options, our VSO said that if we opted for “I do not want a BVA hearing” or “I want a BVA hearing at a local VA Office” those two were sure ways to receive a quick turnaround with a denial letter. The last option of a hearing “in Washington DC” could go upwards of 3 years or more. Just, NO!
I must say, as frustrated as I am, as disappointed in the system, I am so grateful for our VSO. I love how he stated the VA FAILED. See below.
MY VA RATING LETTER OF THE
TIME AND THE C&P REPORT FOR THAT RATING LETTER BOTH CLEARLY IDENTIFIED THAT THE VA
EXAMINER NOTED THAT I WAS DIAGNOSED WITH [REDACTED] & [REDACTED].I CLEARLY IDENTIFIED THAT IT WAS MY UNDERSTANDING THE THE VA SHOULD HAVE ADDED THESE
CONDITIONS TO MY CLAIM AND THAT THESE SHOULD HAVE BEEN PROCESSED AS INFERRED ISSUES.
THE DRO SHOULD HAVE REVIEWED THESES ISSUES AS INFERRED ISSUES AND COMPLETED ANY
ADJUDICATION REQUIRED TO ESTABLISH THESE TWO ISSUES AS SERVICE CONNECTED DISABILITIES.TO IGNOR THESE ISSUES AS INFERRED ISSUES BOTH BY THE INITIAL ADJUDICATOR AND THE FOLLOW ON DRO UNDER THE ACTION OF A DENOVO REVIEW SHOULD HAVE NOTED THESE ISSUES AND
ACTED UPON THEM. BY NOT DOING SO THE VA FAILED TO REVIEW ALL PERTINENT EVIDENCE
ASSOCIATED WITH THE CLAIM AND THE VA FAILED TO GIVE A COMPLETE AND TRUE ASSESMENT OF
ALL POTENCIAL ISSUES WITH MY CLAIM.
and
IT APPEARS THAT THE DRO DID NOT REVIEW OR DID NOT EVEN ADDRESS THIS ISSUE OF
INFERRED ISSUES REQUESTED BY ME IN WRITING IN MY ORIGINAL NOD.I DO NOT BELIEVE I WAS GIVEN FAIR TREATMENT BY THE VA AND I WILL PURSUE THIS
INDIVIDUAL ISSUE THROUGH ALL OF THE REMAINING LEVELS OF APPEAL POSSIBLE UNTIL THE VA
ACTS IN A FAIR AND JUST MANNER IN REFERENCE TO THE EVIDENCE OF RECORD IN MY CLAIM AND
THE LAW WITH WHICH THE VA IS REQUIRED TO ACT IN A NON-CONFRONTATIONAL MANNER.
These are the words, plus many more, that will be mailed to the VA for his appeal. I don’t think I could have said it any better. The way he worded it puts a smile on my face but I know that it will not do much in the way of making the VA do their job.
And now we wait again.
TheHubs got out of the military in July 2002. Here we are 12 years later, still fighting for his benefits. He may not have the visible wounds that others have, but it doesn’t make him less broken. He may not have had boots on the ground in Iraq of Afghanistan, but that doesn’t make his experiences in Albania/Kosovo any less than anyone else’s. He is sick of people looking at him like he’s faking it, or telling him “You don’t look disabled.” He’s sick of being dismissed because he served in “The Forgotten War” as he coined it. But most of all, he’s sick, and tired, of fighting. I have to keep at him, encouraging him, reminding him. That’s what the VA wants–for the veteran to give up so they don’t have to pay out. We cannot let them win!
And people wonder why there are veterans dying before their claims are awarded, or appointments made. This whole bureaucratic-red-tape-flaming-hula-hoop-jumping-how-high-waiting-game is down-right obscene!
***We would never recommend you do this process on your own. You WILL get discouraged. You WILL lose hope. You will probably be denied the first time, no matter how simple your claim is. I speak from experience. Our fist claim, he filed on his own. He received only 10%. We missed so much. The verbage, the laws and legalese that the VA looks for, the common person will not know. Therefore it is detrimental to a successful case to seek the assistance of a VSO at the very least. ***
If you’re not familiar with our story, you can read it here.
He never claimed PTSD. His VA doctor diagnosed him with it and has been treating him for it over the last seven years, or so. I can’t remember the exact date, but that’s about right. It took him a while to decide to file for PTSD and when he finally did, the claim took 2 years and came back denied, with the caveat that there were some signs of depression. His VSO told him that if the VA found signs of depression that they had a legal obligation to open a claim for the veteran in his name. They never did.
So, in 2009 we appealed this decision. His VSO sited the official legal statute and sent off the Notice of Disagreement. We’ve been in the appeals process since.
We had a hearing in October 2012 which led to an immediate and undisputed raise in his migraine percentage. The only thing we had to go through was the PTSD interrogation, which was horrible…for both of us. It was my first time learning a lot of what he had been keeping inside. I’m sure I don’t know it all.
To sit there and watch my hero break down like that killed me inside. I didn’t realize just how deep. I am going to have to say that over that next year I must have buried it and let it simmer until it erupted through my subconscious. That’s the reason for this blog, really.
So, after waiting over a year, calling for a status every 3 months, we finally got movement. A few weeks ago, TheHubs had another C&P Exam for his appeal. We had to drive an hour an a half. We both were a nervous wreck. But I was there for him, right by his side, giving him the support and love he needed. Unfortunately, they refused to allow me in his meeting.
He was in there all of maybe seven minutes.
What? Seriously? Seven minutes? That was definitely not a good sign. And sure enough, when he returned to me, he was shaking, he was angry, and then he broke down. I held him and said everything’s going to be ok. But he told me she didn’t want to hear anything he had to say. When he finally calmed down, he told me all that happened.
Seriously, WTFOver?! This was a complete waste of time, just like he said. Their typical blow off or you’re faking attitude we always seem to encounter with our VA. I guess if it’s an invisible wound, you don’t deserve anything. I hate the fighting we have to do. I hate seeing other people skate through the VA system, get 100% disability and then go out and work and have fun. How is that even possible?? But here we are, my husband cannot work because of the pain and the randomness of his migraine attacks, his inability to concentrate and remember anything, and so much more, yet we have to fight tooth and nail only to have people like this lady hold his future in her hands and crush any shred hope we have left.
And what is worse, a week later we get a phone call from his psychiatrist. He’s pissed. He had read the C&P lady’s report and it said he had “no record of treatment or medication for depression.” Um, hello… See #4 up there? She knew he was being seen by a therapist! But still she reported no evidence of such. His psychiatrist said he was in the process of writing a rebuttal to her report, pulling from his records specific dates seen by doctors as well as the medications prescribed. Oh was his psychiatrist angry. And come to find out, he said the lady who ran the C&P interview wasn’t even a licensed psychologist.
I don’t know what all this means. Do we have to wait for the VA’s decision letter to arrive, the denial AGAIN, before we can bring up his psychiatrist’s rebuttal? Or is that already sent in with the C&P report to the decision board? Oh the stress of all this is just killer. I don’t want another denial. I don’t want to have to go through all this heartache of seeing my love break down and have the VA berate him and essentially call him a liar. I don’t want to see that very thin thread of hope snap and vanish and have him just give up. We’ve been fighting tooth and nail with them for 11 years. Frustration, anger, hopelessness doesn’t even begin to cover the turmoil we suffer. If only we could catch a break.
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VA Appeal Update #5
VA Appeal Update #4
VA Appeal Update #3
VA Appeal Update #2
Our Story
Caring for My Veteran 