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brokensoldier244th

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Posts posted by brokensoldier244th

  1. Thats what it sounded like, but im obviously vested in the decision, so Im biased. My main points of contention are than the 30% rating was based on incomplete evidence because I couldn't get HR/Work to release so me evidence of workplace deficiency or difficult. The writeups helped with that, actually, because they enabled me to say "okay, you wrote me up for X, Y, X, ...prove to me what the basis was, and I want copies of anything that went into that decision". That is where the letter came from. They woudln't release emails from clients to me, but my boss wrote that letter as an overview of the situation as a whole.

    The quotation marks from the psychologist are his actual phrasing. He was very adamant in saying that he wasn't making a negative assessment of my current care staff, that most likely this has been escalating since April and they were dealing with it as issues arose. So, from 30%, say 50%? Im looking at the 70% rating and im not seeing that type of stuff. I can get by with help from my wife around the house, I was able to drive to Omaha yesterday, and I could answer the testing questions that he asked me (where are you, repeat these words, spell this word.....5 minutes later "what were the three words I told you earlier). I don't think I fall into 70%. I can still work, they just make a lot of allowances for me.

  2. I had a weekend C&P ( I thought that was unusual enough-most of the Omaha VAMC was closed when I was there at 0745 this morning, and ive never had one on a weekend before) and the doc said something that I hand't heard before. The C&P doc (Psych) directly contravened my VA doc and PCP here in Lincoln. I used to take zoloft for PME, and it was originally prescribed for that. Many months ago I noted that it wasn't working, since I couldn't raise the mast anyway, so levitra was prescribed. Around the same time I started seeing my VA psychologist, and one of the things she said was that if I felt that the zoloft was helping my depression, keep taking it. I mentioned this to my PCP (a PA) who has continued my prescription. I have not seen anyone else in MH (like a psychiatrist) in all this, just these two.

    The C&P doc (a board psychologist) said this morning that, while he can't "Tell me what to do......." and he isn't "judging my care staff in Lincoln", he says that its his recommendation that I get referred into actual Mental Health, because they can write prescriptions, and the 50mg zoloft that I take now is not enough, in his opinion-I should seek more, or a different medication for my depression and symptoms, based on my history, and our hour long discussion today, because what I am doing now isn't working. He had all of my prior notes in the system, and had reviewed them before I came in.

    WOW....ive never heard the C&P doc directly call anyone out like that before.

    I'm currently 30% for depression, but in the midst of my still submitting evidence my claim was granted, so I continued pursuing it as a request for increase, since I have absence write-ups (warnings), a warning for non-professional conduct to a client, and a letter from my boss explaining the allowances they have made for my job for things that I dont' have to do vs. other support staff. It also states that in the last year my performance has greatly suffered, my productivity has dropped, and my attitudes and mannerisms at work have become more strained and abrasive with co-workers and clients. Right now I am the lead support tech that doesn' travel, doesn't see clients directly, and works a shorter number of hours a week, to cope with my depression. This evidence was still being compiled when my 30% was granted, so im submitting it now, hoping to bolster a claim for increase based on

    "Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impairedabstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships ..........."

    To me this sounds at least somewhat favorable to me, in some respect, since the doc is recommending different and increased level of care for this. Am I wrong in thinking this? I've attached the letter from my boss for reference to what was submitted. I also submitted as evidence 2 written performance warnings, one dealing with my response to a client (for support), and the other a punitive one RE my absences over the last year. Im 70 percent now, and while no one has said anything about IU (im still working, anyway) my fear is that in my current capacity as lead support im so 'protected' from various aspects of the job because of specialized knowledge that if I left where I work now I wouldn't be able to get another job in IT support anywhere because of my difficulties in dealing with people and adverse/combative attitudes.

    Im in grad school now, distance learning, shooting for an information security degree, in the hopes that I can try to turn that into a job as an analyst that doesn't have to deal with clients anymore, but that is still 2 years away. I have a claim in to renew vocational rehab services as well, as my last status of 'rehabilitated' was based on my completion of my B.S. in Info Systems mgt in 2008-which has thus far qualified me for 'tech support' in every other place that I have applied to in the last few years. Add to this that my current specialty at work now will be gone in a few years due to planned obsolescence. My fear is that if I quit, or get fired from my current lead support job, im kind of screwed.....so my request for Voc Rehab services revolves around new training in Information Technology that isn't a support/technician/people type of job.

    post-8839-0-64595400-1323591995_thumb.jp

  3. If his/her evidence is good, there may not be a C&P. Ive had an increase once with no C &P, based on evidence that Id already presented.

    You said you have not received any requests for C&P exam? If that is correct, you need to expect that. They always request a C&P exam - then you will get a decision usually in a couple of months after the C&P

  4. It depends on the VSO. I would suspect that examples of each can be found, both useful and not. I handhold my own claims, but also fax my DAV guy. He keeps me up to date and gets things into my claims file, then verifies that they are in there, rather than my sending them off into the ether via VONAPP or faxing.

    YMMV.

    CAS

    I Discourage Vets from using The DAV for the claims process. I would study this site and do the claim on your own. They will not hold your hand or support you through the process.

    We will provide much more help than they will!!

  5. A representative is not going to be able to speed up your claim. They can inquire on it, find developments that might not be reflected on Ebenefits or over the 1-800 number, but the claim, ultimately, will take however long it takes, depending on its complexity and the number of issues raised, and how many GW claims are before yours.

    Thanks for the advice and information, but I'm still not sure what I should do.

    Should I simply wait it out? Would enlisting the help of a representative who can walk into the Waco RO and find out what's going on speed up or push back the Decision phase?

  6. It also depends on what RO you are under. Mine, Lincoln, Ne, is pretty small compared to say, St. Pete's or Houston. I can usually get a claim adjudicated in around 7-8 months. I live here, though, so I can fax evidence, follow up with my VSO, get documents from Release of Info, easily. I have no illusions about how lucky I am with a small RO and living here compared to other vets across the state or in other jurisdictions. I manhandle my case pretty regularly.

    The "monday morning report" spreadsheet (if you google that, you'll find it) shows how backlogged respective RO's are on the 2nd page. That will give you an idea about your RO's progress as a whole.

  7. Even though I usually check that box to adjudicate quickly, should anything come in that is more current, medical wise, I go ahead and submit it through my DAV rep. They haven't refused it, though sometimes the timing has caught me where they had already moved to decision before my submission got to them. It happens.

  8. Most likely, yes, provided that your cervical spine injury was LOD and is SC. The increase comes from the fact that any injury to the thorocolumbar spine is cumulative-one disc goes and is SC, other discs are going to go. In my case L5-S1 is fragmented, L 4-L5 are bulged and compressing, and L2-L3 are bulged. The other discs adjust to take the load that the original disc would have held and by doing so are under more stress. They are most likely assuming that your upper spine injury is going to change the mechanics of your spine as a whole, and they want to address that.

    Also be aware of fingers and toes numbness and sciatica. If you have pins/needles sensations or pain that radiates from the point of injury down an arm or leg, that is rateable separate from the actual spine injury. Partial paralysis or Paralysis of the sciatic nerve is what it falls under.

    Good luck.

  9. I KNOW! I work in software support/conversion/client training, and database spelunking. 3-5 hours of fitful sleep every night for the last few years is not conducive to pushing one's brain around.

    I love sleeping the more I get used to the mask and the tube flopping around at night.

    I did the take home study in August, within the week I got a call to pick up an APAP machine, it's the same as a CPAP but will adjust the pressure. I didn't have any problem adjusting to the mask but sometimes I have problems with the hose. I've gone from waking up every hour to maybe once a night. I really like the fact that most days I don't need to take a nap two or three hours after getting up.

    Rick

  10. I have an increase in for MDD now. I'm at 30% for that.

    I work for a software company, that has modified my job description so I don't deal 1:1 with clients or travel like everyone else, and im the only one that can work from home in the middle of the night other than the VP, my boss. I do a lot of the deep database diving and I help with program development. It is a really sedentary job, and now that I have the CPAP so I get decent sleep my concentration has increased, which is a plus. Im only 70% overall right now-40% spine, 30 Depression, 10% radiculopathy, 0% guy issues, and 10% tinnitus. Since they haven't decided to fire me yet :-) and they work with me and my issues (we are a really small company with some real personalities....) I can't really file for TDIU. I don't want to just quit, either.

    CAS

    Yes, but perhaps if you filed an increase for the MDD it would help. Are you 100% or TDIU as of now? Here you are a vet with major physical problems, MDD, inability to sleep, chronic pain so how can you work and how can you even take care of yourself?

  11. My pain is already classified under my MDD, I think, since my MDD was granted as secondary to it. Wouldn't claiming it on its own be pyramiding?

    CAS

    That is a good letter from your doctor about the Apnea being SC'ed. Damn good letter for a claim for Chronic Pain Disorder as well.

  12. im on CPAP now and I don't drive long distances, so im adjusting well. ive yet to see the sleep report that was filed from my study two weeks ago, so Ill have to go in and see if I can get that.

    CAS

    The letter looks perty good. John's post mentioned "Elavil" causes weight gain as well. You might want to look into that too.

    If you can get a statement from a sleep Dr backing this letter from your family Dr, that would even be better ammo as well. Opiates can make you tired and sleepy all the time, and having sever apnea will just double the whammy. I'm surprised you can even drive without being drowsy and unsafe. Make sure you send in a statement from yourself showing how this is effecting your lifestyle. Especially, the meds your on and what side effects their causing you. Good Luck...

    Coot

  13. +2 this. The depression being tied to chronic pain is overwhelmingly documented. Is this an initial claim for depression, or an increase to depression specifically? If it is an initial claim you have to have your psych tie your pain to your depression, vs. any other things you have going on in your life.

  14. Aww Crap. I reposted. I had 2 copies of that, the unedited and edited, with the same name. Thanks.

    As for it being lay evidence or not-how would a C&P examiner be able to make a determination of reduced workplace efficiency or other things other than *something* from my employer? I mean, I can tell my doctor all kinds of stuff, true or not, but with regards to my employment efficiency, or MDD's effect on my job performance, my boss is the one that would obviously know how it affects me with regards to my job assignments. It is validation from my boss of things that are already in my medical notes about having trouble and write ups at work. This letter isn't the only thing I have, but it validates from my boss's POV that things at work are different with me, and affected. I know it's lay evidence, but it's more to go on than what my doctor would have-they only have my word of anything happening with me.

    broken,

    I read it - to include the personal information that shouldn't be posted,

    (this is for your own protection), perhaps you might want to repost it without your name and employer info.

    I would agree that it is well written - but continue to disagree in viewing it

    as "concrete proof of things that fall into both the 30% and 50% rating for MDD".First off - it's weighed as lay evidence, not medical evidence and it will be up to the decision maker as to how much weight they assign to it. Hopefully, it will be enough for at least the BOD, for the higherpercentage.

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