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Reduction in Work Due to Dr's Recommendation

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seejeremy

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20 hours ago, Vync said:

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.

So, do you think I should include the FMLA paperwork with the information that my doctor included on the forms?  My goal is P&T, so I'm on the fence on if paperwork helps that or not.

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1 hour ago, seejeremy said:

So, do you think I should include the FMLA paperwork with the information that my doctor included on the forms?  My goal is P&T, so I'm on the fence on if paperwork helps that or not.

 

When I filed for my spine issues 8 years ago, I had no idea I would be awarded P&T. I believe I was awarded P&T status due to two potential factors. Keep in mind that these factors are for a physical disability, not a mental disability, but in theory I assume the same analogy might apply to your situation.

1. My non-VA orthopedic surgeon wrote my IMO/nexus stating that I have been suffering from progressively worsening spine issues (insert medical jargon here) since my in-service injuries in the early 1990's (he specified each). He also stated that my spine disabilities were not expected to improve.

2. Thanks to typical VA red tape, my 2008 claim was denied on all counts (spine, other issues), but I appealed repeatedly. After five years, I finally got in to see a DRO. I showed them #1, along with a mile long list of treatment evidence. When I received my award letter, the effective date was back to when I filed five years ago. It also stated that my disabilities were not expected to improve and no future exams are scheduled.

I'm not certain if one factor carried more weight than the other to get me over the P&T hurdle.

I assume including the FMLA paperwork would likely benefit your case. Having a doctor recommend you actually work less is a hint to the VA that you are not as well off as you were previously, but remember the VA often can't take a hint and sometimes need things spelled out for them. Additionally, it might be even more likely to open the door to IU if you do get any worse in the future.

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Question here?

If and when a veteran is rated 100% and given P&T Status with no future exam scheduled and disability is of Nature  or Chronic and the Veteran is over age 55   

Does the VA have the Duty to Assist the Veteran to see if he meets the SMC Criteria for SMC?  However the Veteran must meet the criteria for the SMC  OF 100% Plus additional rating of 60%

TDIU Veterans get this/why not a 100%  P&T veteran? maybe because their S.C.Disability prevents them finding gainful employment??

Anybody know for sure?

jmo

.....Buck

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1 hour ago, Buck52 said:

Question here?

If and when a veteran is rated 100% and given P&T Status with no future exam scheduled and disability is of Nature  or Chronic and the Veteran is over age 55   

Does the VA have the Duty to Assist the Veteran to see if he meets the SMC Criteria for SMC?  However the Veteran must meet the criteria for the SMC  OF 100% Plus additional rating of 60%

TDIU Veterans get this/why not a 100%  P&T veteran? maybe because their S.C.Disability prevents them finding gainful employment??

Anybody know for sure?

jmo

.....Buck

Hey Buck,
I assume you are correct. I would assume that IU status has been deemed by the VA docs as being unemployable. Being over 65 and 100% P&T does not necessarily mean one cannot work.

If I am wrong, could someone please correct me.

Personally, I think that SMC-S should automatically be granted for any 100% P&T veteran, regardless of age, so long as their additional disabilities combine to 60%. Somehow I do not think this will happen because it would make too much sense.

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5 hours ago, Vync said:

 

When I filed for my spine issues 8 years ago, I had no idea I would be awarded P&T. I believe I was awarded P&T status due to two potential factors. Keep in mind that these factors are for a physical disability, not a mental disability, but in theory I assume the same analogy might apply to your situation.

1. My non-VA orthopedic surgeon wrote my IMO/nexus stating that I have been suffering from progressively worsening spine issues (insert medical jargon here) since my in-service injuries in the early 1990's (he specified each). He also stated that my spine disabilities were not expected to improve.

2. Thanks to typical VA red tape, my 2008 claim was denied on all counts (spine, other issues), but I appealed repeatedly. After five years, I finally got in to see a DRO. I showed them #1, along with a mile long list of treatment evidence. When I received my award letter, the effective date was back to when I filed five years ago. It also stated that my disabilities were not expected to improve and no future exams are scheduled.

I'm not certain if one factor carried more weight than the other to get me over the P&T hurdle.

I assume including the FMLA paperwork would likely benefit your case. Having a doctor recommend you actually work less is a hint to the VA that you are not as well off as you were previously, but remember the VA often can't take a hint and sometimes need things spelled out for them. Additionally, it might be even more likely to open the door to IU if you do get any worse in the future.

Thank you!  I'll include it and hope for the best. 

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If a veteran is rated 100% P&T yes I believe he can work  but if he is rated with a MH rating at 100% or a combined rating of 60%or more and  the VA uses the Extra Schedular to rate the veteran IU   that is considered a 100% rating  and if P&T is awarded  that's  Icing on the cake  SO-TO SPEAK.

I was rated TDIU 100% P&T on my first initial claim  after fighting  VA for about 5 years for it....and later on was rated 70%PTSD...When the VA decided that claim they awarded me the SMC S-1 H.B.

I never requested it  they just rated it...of course no gripes from me...I'll gladly take it...I just didn't know I would get that...the only ''GOOD'' surprise ''I ever got from the VA...eh!

But this brings my point up about VA's DUTY TO ASSIST''  After the veteran is rated 100%  P&T  because I agree with Vync  I think a veteran who is rated 100% P&T should also be considered for SMC's...but I am over 55 way over  eh!

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