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Missy1974

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Everything posted by Missy1974

  1. @Berta Thanks for the response. I appreciate the excellent information from everyone. I have a C&P tomorrow related to Chronic Sinusitis and Allergic Rhinitis (both currently Rated at 0%). The VA Allergist stated that I have Asthma due to Allergies. I am being treated for asthma (Singular, Flonase, Asthmanex, Sinus Rinses.) I also receive antibiotics (otic and oral) for my Sinus issues.
  2. @Buck52 Thanks for the response. I hope that I qualify for re-training. I feel that my mental health is improving. Some days I want to leave the house. I think training/re-training in order to become employable is a great goal.
  3. @Gastone I plan on asking the VR counselors about this. I asked the question here first in an effort to see if anyone else has had a similar experience. I knew they would have access to my rating and the fact that I was IU but when they were asking details and quoting notes regarding my Major Depressive Disorder it just caught me off guard. (I am somewhat of an introvert. I had a hard time initially opening up to my Psychiatrist and Psychologist.) My Mental Health Providers suggested I start getting out more and start considering looking for work in an effort to improve my mental health. I don't like leaving my house. I also felt as if the VR counselors were trying to discourage me from going through with the program. Stating I would lose the IU. I am actually OK with losing the IU if my mental health improves and I can maintain employment. Major Depression: 70% Pemphigus: 60% Limitation of flexion, Knee: 10% Allergic Rhinitis: 0% Maxillary Sinusitis: 0% Total: 90% with IU 100%
  4. Are VA Vocational Rehabilitation counselors granted access to a veterans medical records or compensation and pension exam information? I went to a VA Vocational Rehabilitation Counselor in order to apply for Voc Rehab benefits. Would like to further my education. My Vocational Rehab Counselor and her supervisor stated that education is not feasible for me based on things that were listed in my C&P exam and by my civilian psychologist 2 years ago. (I have Major Depression & PTSD due to MST.) I honestly feel that my Vocational Rehab Counselor and her boss invaded my privacy. They are not health care professionals. I am in a much better place than I was two years ago. Are they allowed to view my medical records or C&P exam without my permission?
  5. Hello, I am 0% for both sinusitis and allergic rhinitis. They will not order CT Scans. I don't have private insurance. I will request an increase for both. I am unable to locate the service connected paperwork at this time. I will continue looking for the paperwork and post when I find. I really do appreciate you taking the time to respond to my questions.
  6. I am 0% for Chronic Sinusitis and 0% for Allergic Rhinitis. For years I have had issues with Bronchitis and Bronchial Pneumonia. A VA physician stated that I was 'misdiagnosed' while on Active Duty. He said that I have Asthma due to Allergies in 2014. Since being treated for asthma my condition has improved. I am now doing immunotherapy (weekly allergy shots). I filed Asthma as a secondary to the Allergic Rhinitis and the VA denied the claim. I am also taking Allegra, Flonase, Singular, and Asthmanex. How can I prove to the VA that my Asthma is related to the allergies? Also, the VA refuses to perform CT of my sinuses for a higher rating.
  7. I am 0% for Chronic Sinusitis and 0% for Allergic Rhinitis. For years I have had issues with Bronchitis and Bronchial Pneumonia. A VA physician stated that I was 'misdiagnosed' while on Active Duty. He said that I have Asthma due to Allergies in 2014. Since being treated for asthma my condition has improved. I am now doing immunotherapy (weekly allergy shots). I filed Asthma as a secondary to the Allergic Rhinitis and the VA denied the claim. How can I prove that my Asthma is related to the allergic rhinitis? Also, the VA refuses to perform CT of my sinuses for a higher rating.
  8. @Berta Thanks for your excellent advice. I completed a FOIA request and discovered the VA has been hiring nonveterans without service connection with less experience. I also learned that the VA has the authority to do this due to a union claus which states current employees have preference over nonveterans. The FOIA request also proved what a Veterans Recruitment Authority had been telling me for years and that is that the VA has a habit of employing Veterans in Food Service and Janitorial positions in an effort to inflate their numbers of veterans employed. Most veterans are completely shut out of leadership and senior leadership positions. The MEDVAMC currently employs 26% veterans short of the 33% goal of veterans employed. (Has been this way for the past 5 years.) In addition, the MEDVAMC has not hired any Registered Nurse or Physician Assistants that are military Veterans in the past 5 years either. I have written my congressman and the Secretary of VA. The current Medical Director at the MEDVAMC informed me that he is aware of the issue and is currently addressing. Again thank you so much for the great advice. http://dailycaller.com/2016/01/17/only-va-jobs-reserved-specifically-for-vets-janitor/?print=1 http://dailycaller.com/2016/01/14/va-labor-contract-favors-union-bureaucrats-over-vets-for-jobs/ http://dailycaller.com/2016/01/05/va-employs-few-veterans-in-top-medical-management-jobs/
  9. Thanks for the response and the information. I will take your advice and request information under the FOIA. There is no doubt in my mind that there is a lot of nepotism/cronyism at this particular VA. I just believe that by not extending Veterans Preference to ALL veterans increases the chance of Veterans being discriminated against due to Veteran status. Most Military Veterans are often unfairly negatively stereo-typed for simply being a veteran--PTSD, Depression, Too Rigid, Too Formal, Too Crazy, Too mean. I've just about heard it all. The HR representative stated that it appears that I am over-qualified for most of the positions that I applied for but ultimately it is the hiring managers decision. I have two other Masters prepared RN colleagues both military veterans (one was an Air Force Captain) who have given up on trying to gain employment at the facility. Thanks again for the response.
  10. Hello, I hope everyone is well. Does anyone have any experience or knowledge regarding Federal Government Title 38 employees (Professional Healthcare worker such as RN, Physician, etc.)? Has any veteran experienced difficulty in obtaining employment at the MEDVAMC in Houston, Texas or any VA facility? If yes, do they feel that veteran status had a negative impact? Who else should I contact in order to file a grievance against the Title 38 veterans preference exemption? I have a Masters Degree as a Registered Nurse (Nurse Practitioner) and I am interested in seeking employment at the MEDVAMC in Houston, Texas. I have applied at the facility for more than 8 years without success. I am greater than 50% Service Connected. Registered Nurses and other healthcare professionals are considered "Title 38" employees which means that we cannot use Veterans Preference when applying for jobs at the VA. I am board certified as an Adult Gerontology Nurse Practitioner, Adult Health Clinical Nurse Specialist, Critical Care and Wound Ostomy and Continence. I wrote the Secretary of VA and inquired as to why Title 38 employees are exempt from veterans preference and my letter was forwarded to the Director of HR in Houston, TX. I asked her to explain the reason military veteran RNs and other health care professionals cannot use veteran preference.....Her answer because the VA only wants the best qualified candidates. My question to her was that if a veteran is qualified to be a commissioned officer in the military as a Registered Nurse why are they not considered among the best qualified to work in a Veterans Hospital? I also asked to know the qualifications of Nurses and Advance Practice Nurses that were chosen instead of me. Her answer was that hiring was strictly up to the hiring manager. I have nothing against foreigners (several of my in-laws are foreigners) but all of the hiring managers that I interviewed with were foreigners--Filipino, East Indian, and/or African. The staff nurse interview panels were always completely homogenous either all Filipino, East Indian, or African. I feel that by exempting Veterans from preference there is a possibility that Veterans may be inadvertently discriminated against due to their Veteran Status. The reason I say this is because at every interview the hiring manager or panel come across as 'skittish' or 'unsure' when my military service is illuminated. I asked the HR Director how many nurses at the facility were military veterans? Her answer was approximately 6%. She could not provide any information on how many of the 6% were in leadership positions or hiring managers. I wrote both of my Senators this past summer (Ted Cruz and John Cornyn) regarding the Title 38 exemption for Veterans Preference. I feel that RNs, Physicians, and other healthcare workers should be entitled to Veterans Preference. I received no response from Ted Cruz. John Cornyn's office thanked me for my service and gave some generic response on how they supported veterans. Congressional Veterans House and Senate members, the ones that make laws, do not provide responses. I know illuminating race/country of origin is a sensitive subject for some people. If my letter is coming across as brash, abrasive, or offensive that is not my intention. I am primarily concerned about the possibility of being discriminated against due to my veteran status not race or natural born citizenship.
  11. Can a veteran who is 100% PTSD work? I did not think Veterans with 100% due to a mental health issue was allowed to work. I have difficulty maintaining employment due to my Service Connected Disability. I have a Masters Degree in Nursing. My problems come when there is an exacerbation of my symptoms.
  12. It has been open since September 2015. I was asking for the Self Employment track. My counselor said she wasn't familiar with the Self Employment track and her manager/director was suppose to help her. I would send her an email once a month checking on the status. The answer was "I'm still working on it". I contacted Voc Rehab in Washington DC and they contacted my Voc Rehab Counselors in Houston, TX. A manager called and requested that I complete a new Voc Rehab form and he was going to assign my case to a new Voc Rehab Counselor that just arrived from San Antonio. He stated my current Voc Rehab Counselor's case load was too high which is why she has been unable to do anything with my case. That was a month ago. I emailed them two weeks ago. No response. I plan on emailing them today and ask for an appointment. I will inquired about ILP then. Thank you for the response.
  13. Mine is MST and you are right. I do pretty good for a few months but then I go an "Emotional Roller Coaster". I'm either too anxious and have insomnia or I am too depressed. I see a psychologist weekly and a psychiatrist every two to three months. My medications are constantly being adjusted. Both of my providers feel that working and/or volunteering would be good for my mental health. I have a Masters Degree in Nursing. I would like to perform uncompensated work at the VA as a Nurse. This will allow me to 'trial' work to see if I am ready to return to work. As mentioned before, I have difficulty maintaining employment. I usually make a descent salary as a nurse.
  14. I have SSDI. Working with the Vocational Rehab counselors is like pulling teeth. I spoke to my counselor a month ago and asked if she could set me up to perform on the job training (without compensation) at the VA hospital in a Wound Ostomy and Continence clinic. I am a board certified WOC nurse. I wanted to have the experience to see if I can 'maintain' employment before attempting to go back to work. The Counselor said "NO" and the only job I could do is food service. I have a Masters Degree in Nursing. I contacted Voc Rehab in DC. That counselor told me that my counselor was wrong and stated she would call them herself. She did and a manager from the VA called me back and said he would arrange for me to complete the On the Job Training at the VA Hospital. I sent in my certifications and all the information he requested. It's been over a month and no phone call or email. I emailed him two weeks ago. No response. When I physically go to the Voc Rehab office I constantly hear veterans complaining about them and their lack of response.
  15. Yes you did thank you. As I mentioned in the other two posts (I am cutting and pasting below). I read a situation where a veteran worked 30 hours a week in a "protected environment" and was still able to receive benefits. My Psychiatrist and Psychologist suggested that I return to work in order to improve my mental health. I am becoming more isolated and rarely leave my house (except for groceries and other supplies). I guess a part of me would like to begin working but another part of me is content staying home. I just don't want to be that "Old Crazy Cat" lady when I am in my 70s or 80s. I am 42 years old. I read that a veteran can continue receiving benefits while working in a "protected environment" they listed examples such as Family business or other protected environment. (See below) I read a blog from Benjamin Krause where he states "Veterans can maintain employment and still be eligible for TDIU. In South Dakota, the Board of Appeals agreed. They found a veteran to be eligible for IU despite working 30 hours per week as an automotive parts salesman for 4 years. Citation Nr: 1027075. Here, the veteran had long been employed in this field, with two years of college and experience in automotive maintenance." http://www.disabledveterans.org/2010/09/20/top-5-individual-unemployability-misconceptions/ Here is the link to the veterans appeals board. http://www.va.gov/vetapp10/files3/1027075.txt
  16. I have an open Voc Rehab application but as I said previously working with them is like pulling teeth. The initial answer is always no when dealing with them. I read that a veteran can continue receiving benefits while working in a "protected environment" they listed examples such as Family business or other protected environment. (See below) I read a blog from Benjamin Krause where he states "Veterans can maintain employment and still be eligible for TDIU. In South Dakota, the Board of Appeals agreed. They found a veteran to be eligible for IU despite working 30 hours per week as an automotive parts salesman for 4 years. Citation Nr: 1027075. Here, the veteran had long been employed in this field, with two years of college and experience in automotive maintenance." http://www.disabledveterans.org/2010/09/20/top-5-individual-unemployability-misconceptions/ Here is the link to the veterans appeals board. http://www.va.gov/vetapp10/files3/1027075.txt
  17. I read that a veteran can continue receiving benefits while working in a "protected environment" they listed examples such as Family business or other protected environment. (See below) I read a blog from Benjamin Krause where he states "Veterans can maintain employment and still be eligible for TDIU. In South Dakota, the Board of Appeals agreed. They found a veteran to be eligible for IU despite working 30 hours per week as an automotive parts salesman for 4 years. Citation Nr: 1027075. Here, the veteran had long been employed in this field, with two years of college and experience in automotive maintenance." http://www.disabledveterans.org/2010/09/20/top-5-individual-unemployability-misconceptions/ Here is the link to the veterans appeals board. http://www.va.gov/vetapp10/files3/1027075.txt I wanted to know if I applied for a job and requested an accommodation under the Americans with Disabilities Act is this considered a protected environment also as I will not be capable of working without accommodations. I spoke with someone from VA benefits a few weeks back. When I explained she seemed a bit the information that I read above from Benjamin Krause she seemed unsure and said there may be some exceptions but she was not aware of any. She suggested when I fill out the annual form for IU, I include my ADA accommodations request and explain that I am in a protected environment and see what they say. She also referred my to the IU regulation which reads: c. Definition: Substantially Gainful Employment Substantially gainful employment is defined as employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the Veteran resides. It suggests a living wage. Substantially gainful employment is · competitive (not protected) employment, and with · earnings exceeding the amount established by the U.S. Department of Commerce, U.S. Census Bureau, as the poverty threshold for one person. Reference: For more information on the definition of substantially gainful employment, see · Faust v. West, 13 Vet.App. 342 (2000), and · Moore v. Derwinski, 1 Vet.App. 83 (1991). d. Definition: Marginal Employment Marginal employment exists · when a Veteran’s earned annual income does not exceed the amount established by the U.S. Department of Commerce, U.S. Census Bureau, as the poverty threshold for one person, or · on a facts-found basis, and includes, but is not limited to, employment in a protected environment, such as a family business or sheltered workshop, when earned annual income exceeds the poverty threshold. Important: · Marginal employment is by definition not substantially gainful employment. · Do not consider amounts received from participation in the Veterans Health Administration’s (VHA’s) Compensated Work Therapy (CWT) Program as income for IU purposes. Reference: For more information on the poverty threshold, see M21-1, Part IV, Subpart ii, 2.F.9.
  18. This is great information. I thought I had to notify them as soon as I started working. I really appreciate the response.
  19. Thank you so much for the response. What does 'VMC' mean? I live in Houston, Texas and the Vocational Rehab. Counselors here are useless. Their initial answer to everything is always 'no'. (I know a few other veterans that have had the same experience with them.) I worked in the ICU for years. When my condition worsened I could no longer work in the high stress ICU environment. I contacted Voc. Rehab in order to attend a 9 month course in order to become a Wound Ostomy and Continence Nurse in 2008. There initial response was 'no'. I had to write my congressman in order to be approved. Currently, I have not worked in over a year (since August 2015). I contacted Vocational Rehab about two months ago and asked they could arrange 'without compensation' or on the job training at the Houston VA Wound Ostomy and Continence Nursing Department. I already know how to care for the patients but this would allow me to try working just to see how I would do before committing to a permanent job. I was told by the counselor it could not be done and the only job they could allow is one in Food Service. I sent a letter to the White House. Someone from Voc Rehab in DC contacted me and told me the Houston VA Counselor was incorrect. She contacted them. They contacted me and stated they would look into it. I sent them an email with my certifications, resume, and application. I sent a subsequent email two weeks later. It's been a month. No one has contacted me. I am tired of fighting with them.
  20. I want to work but my biggest problems with my PTSD are 'triggers' and I also have Major Depressive Disorder. After a while my medications do not work as well and I have to have re-adjustments. This is why I have difficulty 'maintaining' employment. I am seeing a psychologist weekly for Cognitive Behavior Therapy due to the PTSD. I have a 'companion' dog which has improved my insomnia. In the past it has taken a while for the psychiatrist to find the right combination of medications and I miss a lot of work. One year I developed serotonin toxicity and could not work for a year. I apply for FMLA and accommodations under the Americans with Disabilities Act but most private companies find a way to get rid of you if they want. One year I won the Nursing Excellence Award a few months later I took FMLA and requested an accommodation when I returned to work due to my condition. A month later I was subjected to a REDUCTION IN FORCE and my position was eliminated.
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