ptsd Got The Envelope!

[nlualum82]

The idea of accomodation sounds okay. If it's up to me, I doubt they can satisfy my requirements! Who's going to determine that?

Got to allow for the PTSD/MDD, hearing and let's not forget the knee(s).

I would guess the first step is that someone has to see my paperwork. Do I schedule a meeting with the plant manager? Let her copy the contents of my envelope?

As usual I don't know where to start. Do I start with my Dr.s? That's what I have the most trouble with , bringing myself to take up their time to get me out of work - haven't done so yet.

Do I just bring my paperwork to my boss? (which one?) Or contact some higher up office of the postal service?

When the going gets tough, I go to bed. Been my problem for a long time. I tend to just continue what I'm doing rather than make waves. Things seem to look like a tidal wave coming at me, I guess.

Gary

[JR Reihs]

Gary

It is not as scary as you may think.

1. Take the award letter in to the PO, tell your supervisor that you are requesting accomodations per your SC injuries, and that you would like to have a interactive process started. By doing this you have put the PO on notice that you need help working your job.

2. The PO being who they are has the right to initiate a fittness for duty exam if you have not provided them with any restrictions you are seeking, or they may give you a restriction form to have your doctor fill out or both.

3. After this process is complete then they will determine whether or not they can accomodate you, if they cannot then you will be given your rights, to include disability retirement under OPM. If the agency failes to accomodate you then you have the right to file a MSPB or EEOC for failur to accomodate under 5 CFR 353, and the Rehab act, but at the same time you can get the OPM retirement and fight the PO for discrimination.

4. You can bust the PO if they screw it up, which they probably will, and you will get your IU and OPM with very lil hassle , and still persue the PO on the discrimination claim.

I would only give the PO a copy of the award as it relates to you condition and %, nothing more, as I said you have options you need to study, and you have all the time you want if you are comfortable in a job you can do without hurting for 8 hrs per day.

You also may want to put it in writing that you are requesting accomodations, if you can get you doctor to list limitations before hand that is good but not required. remember you are not trying to get out of work you are requesting to work under limitations to continue to work.

It will be up to the agency to accomodate you, and they have a continuing obligation to do so.

Edited November 26, 2005 by JR Reihs

[Angela]

Gary,

You wrote... "They state that I do not have a diagnosis of otitis "media". my diagnosis is for otitis externa. I don't see either word in the CFR, just chronic otitis."

Their rating code is ambiguous, so interpretive doubt is supposed to be resolved in the veteran's favor.

See BVA Citation Nr: 0502191 at

http://www.va.gov/vetapp05/files1/0502191.txt which says

"In Brown v. Gardner, 513 U.S. 115, 118 (1994), the Supreme

Court held that if a statute is ambiguous, any interpretive

doubt is to be resolved in the veteran's favor. See also

Smith (William) v. Brown, 35 F.3d 1516, 1523 (Fed. Cir. 1994)

(the canons of statutory construction apply to regulations as

well as statutes)." CAVC No. 01-623

I would appeal.

Angela

[Guest Morgan]

Quote:

"The 10% would not alter my new 90% rating, and I am getting a scrip from the VA for the otitis that helps me control it."

Gary,

This begs the question: If it's no longer a problem, as the rude examiner wrote, then why are they still treating you with medication? Again, the VA defies logic. You have good grounds to NOD this, and you should. Just put it on the burner and let them stir it while you sleep! You can never tell when this 10 percent would make the difference in some other benefit you may need down the road. This is clearly an interpretive doubt application, and it is reasonable to conclude that it should be rated secondary due to aggravation from an SC condition. The "media" diagnosis is irrelevant, therefore not an adequate reason for denial. I think you would win this at the RO level.

Be sure to get your refills on time, and when it flares up, see your doctor so it will be documented.

This is something that might help too--the VA clarification of chronicity:

(3) Chronicity. The claimed illness must be chronic. To fulfill the requirement for chronicity, the claimed illness must have persisted for a period of 6 months. Disabilities which are subject to intermittent episodes of improvement and worsening within a 6-month period would be considered chronic. The 6-month period of chronicity will be measured from the earliest date on which all pertinent evidence establishes that the signs or symptoms of the disability first became manifest.

So glad to hear you have successfully jumped through the hoops! God bless you in your efforts to reassemble your life. And thank you for your service.

Carrie

Edited March 6, 2006 by Morgan

[nlualum82]

I saw my VA Psychiatrist today. We talked of many things. I mentioned that my Rx had expired for triamcinolone acetonide for my otitis. I told him that it seemed to me to be about the best documented claim I had and the only one denied last go 'round.

I guess I'll give it another try - just got to get past my procrastinating.

I seem to be overwhelmed by anything. I can think about getting out of bed and brushing my teeth seem like a mountain to move. I spend a lot of time in that weak, numb kind of limbo. I think it is a big part of my PTSD, I think it started when I felt that way during my major stressor.

He asked me if there were any changes in my SC status. I said no. He seemed a little surprised and asked me another time or two through the session. Made me antsy. When I got home I called the VARO and asked them to look at my file and see if there was anything going on - apparently nothing, just my nature, but I couldn't stop wondering what he might mean. Still can't - wondered if he had recommended something like a decrease or increase in my mental rating.

Sleepy and rambling.

[carlie]

6200 Chronic suppurative otitis media, mastoiditis, or cholesteatoma

(or any combination):

During suppuration, or with aural polyps 10

Note: Evaluate hearing impairment, and complications such as labyrinthitis, tinnitus, facial nerve paralysis, or bone loss of skull, separately.

6201 Chronic nonsuppurative otitis media with effusion (serous otitis media):

Rate hearing impairment