Reduction in Work Due to Dr's Recommendation

[seejeremy]

Hi everyone.  I started my claim a few weeks ago and submitted it tonight.  My doctor will be giving me the FMLA paperwork on Wednesday, and I have informed my boss that it is coming.  He is a retired Air Force chief, so he is very understanding.  

I am hoping that the notes from my biweekly psych appointments, along with the FMLA paperwork, will be enough to convince the VA to make the 70% rating P&T.  It is currently the only rated disability that indicates a future review date, with all of my other ratings totaling 94%, so I'm hoping that this will put me over the "hump" to 100% P&T.  

Thanks to Broken Soldier & Buck for providing information and encouragement. 

[Cobra4v]

Hopefully the psych doctor will justify a permanent 100% rating. My P/C at the VA recommended I find other employment which is less physically demanding because my body is giving out. I look at it as I'm doing what I love. The reason I joined at 18 was to serve my country and set myself up for a career that I've always wanted. If I can't do what I'm doing now then what's the point of being miserable at a desk job? I've put in for an increase on 3 s/c conditions which if rated where they should be would put me at 100%. My doc notated his recommendations in the notations. I am hopeful the raters consider this. If that goes through I might open a private training facility for k9 training. That'd be nice. Fingers crossed

 

goodluck

-Cobra

[seejeremy]

I received the FMLA paperwork from my doctor today.  During our appointment, we settled on three 8 hour days per week as something that might help me.  She listed the duration as 1 year.  I want to share some of her comments on the paperwork with you all, and get your thoughts on whether or not I should include this paperwork with the increased rating request I submitted recently.  

She indicated that there are part of my job that I am unable to perform.  To clarify, she said that I "can complete most independent tasks, but not in a timely fashion or by the deadline.  Not dependable."

When the form asked for other relevant medical facts, she included the following:  "Veteran has significant anxiety and depression.  A stressor can aggravate these symptoms to a higher degree than what would be expected.  He will need to walk away from his work for moments and/or leave work secondary to this stress.  Multiple stressors at once will make these already difficult/significant stressors unmanageable.  He is not dependable." 

When asked if "the employee will be incapacitated for a single continuous period of time due to his/her medical condition" she said yes and when asked for dates of incapacity she wrote "only under significant stress."  

She listed our bimonthly appointments and my quarterly psychiatrist appointment as the treatment schedule.  She also indicated that I will need to be absent from work for flare-ups depending "on the number of stressors and the magnitude of the significance."

For additional information she wrote "Veteran may perform exceptionally well one day, but then struggle to maintain the following day.  He is unpredictable.  By cutting his hours, he can better manage his stressors.  He will remain in mental health treatment (psychiatry and individual psychotherapy."  Because I want the company to allow me to stay part time after the FMLA runs out, she also added that "the goal is to manage his symptoms to return to full-time employment."   

Should I include this documentation with my rating increase request?  Or should I allow the treatment records to serve as the only documentation.  The MDD rating (70%) is the only rating listed as requiring future review, so I am hoping to make it permanent, just so I feel better about having consistent income in the future.  I asked my doctor about completing a DBQ, but she informed me that her superiors have cracked down and told them that they cannot do them because they are biased toward the patient.  

Please forgive me for the long post and information overload.  I appreciate the insight you all provide. 

[Vync]

Keep in mind that the FMLA hours use a "rolling" year calendar, which should work out ok for you. Just be sure to keep track of the total amount of time missed from work, including for flare ups, because there is a limited number of weeks per rolling calendar year.

From my understanding, getting a MH rating bumped from 70% to 100% does not instantly qualify you for P&T status.

Take a look at the MH rating schedule and specifically the first part I highlighted. A 100% MH rating means you can't work.

If your MH doctor states that you "are not expected to improve" or you have held the ratings for five years, then you are likely to get bumped from 100% to 100% P&T. Otherwise, just reaching a 100% rating for MH might still entail a future exam.

If you get to a point where you are no longer able to work, consider filing for SSDI.

	Rating
Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name.	100
Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships.	70

I hope this helps
 

 

[seejeremy]

2 hours ago, Vync said:

Keep in mind that the FMLA hours use a "rolling" year calendar, which should work out ok for you. Just be sure to keep track of the total amount of time missed from work, including for flare ups, because there is a limited number of weeks per rolling calendar year.

From my understanding, getting a MH rating bumped from 70% to 100% does not instantly qualify you for P&T status.

Take a look at the MH rating schedule and specifically the first part I highlighted. A 100% MH rating means you can't work.

If your MH doctor states that you "are not expected to improve" or you have held the ratings for five years, then you are likely to get bumped from 100% to 100% P&T. Otherwise, just reaching a 100% rating for MH might still entail a future exam.

If you get to a point where you are no longer able to work, consider filing for SSDI.

	Rating
Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name.	100
Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships.	70

I hope this helps
 

 

Thanks Vync.  I really don't expect it to be raised from 70% to 100%.  I am mainly hoping to get the 70% to a P&T status.  With my other ratings, that will put me at 100% P&T, if I understand everything correctly.  I understand that the VA can call me in at anytime for an exam, but being P&T would make me feel better about having a reliable source of future income.  Hopefully that makes sense?

[Vync]

17 minutes ago, seejeremy said:

Thanks Vync.  I really don't expect it to be raised from 70% to 100%.  I am mainly hoping to get the 70% to a P&T status.  With my other ratings, that will put me at 100% P&T, if I understand everything correctly.  I understand that the VA can call me in at anytime for an exam, but being P&T would make me feel better about having a reliable source of future income.  Hopefully that makes sense?

Yes, that makes perfect sense.

Also, being P&T adds other benefits like CHAMPVA and Chapter 35 education for your dependents. Alabama-wise, if you own a house, you can get the homestead tax exemption which is nice.

Edited July 6, 2016 by Vync