Has anyone successfully gotten an ergonomic chair through Voc Rehab?

[rel8ted]

I am trying to get an ergonomic desk/chair setup due to severe employment handicap. My voc rehab counselor says she has never heard of such a thing and she does not even know where to find a regulation on that. Just wondering if anyone has successfully gotten one and had some tips on ho they did it. It seems to me that should fall under special equipment, but want to make sure before I send her back the info cc her supervisor, regional director, and probably my congressman since she feels like it will take "months" for this to be approved :if she can figure it out"

 

I'm in online classes, so they can't say the school should accommodate it. She first told me I need a note from my doc, so I managed to get the physical therapist to make an exception for me and write a recommendation, then she said it HAS to be an MD, and stated she wasn't even sure how to process.  

 

Any help would be appreciated.

Edited September 1, 2018 by rel8ted

[Guest L]

Ask your PCP for an Occupational Therapist evaluation for ergonomics.  I have a license for Occupational therapy and this is a common request. 

More adaptive solutions than chairs... 

[broncovet]

Im glad Alex chimed in on this, and gave us this update.  There is a sure fire way of telling if your Voc rehab counselor is lying...check to see if his lips are moving.  

The VA makes up lie after lie in an effort to delay or deny.  If I recall, Alex said their first lie was saying that (Alex) was never shot in Nam.  They came up with some whoppers since then.  

Here is why:  According to this statement at the US Supreme Court, Roberts was "startled" that the VA takes a position that is "substantially unjustified" against the Vet 70 percent of the time.  

http://legaltimes.typepad.com/blt/2010/02/roberts-startled-by-government-errors-in-vet-cases.html

This means VA lawyers "make stuff up" to deny Vets.  I doubt we can expect much better from VA non lawyers.  

[kanewnut]

6 hours ago, asknod said:

VA OGC Precedent 34-1997 is your basis for the chair. Also OGC Precedent 6-2001. VA has only spoken to wheeled vehicles such as a riding lawnmower or  a tractor. Ditto a Cub Cadet 4 wheeler. All that could change as there is no such thing in 38 USC §3120.

Asknod do you have some way of remembering these off of the top of your head  or do you have some sort of list that allows you to look them up? I really appreciate that you can find these, but it just blows my mind!!

[FormerMember]

I've just about memorized a lot of these things. Now I'm building a library of the perfect cites to CAVC law. I have a few daisies from the M 21 and the SOPs from the Segmented Lanes Model  I cite to. I did the Evelyn Woods Speed reading course in 68. If you learn it and use it, you recall it. I also have a friend who can remember any good pertinent cite. He lives off the grid so its sketchy at times. He's also one of the magic 9 who have won an Ex Writ at the Court since 1989.

For VR&E,  look at 38 CFR§21.160-162; 21.92; 21.98 and those regs. They give you the authority to control the vertical and the horizontal. Never let a VA counselor dictate to you about what you will or will not do and what VA will give you. I put a gun to their heads at the end of the last IILP and insisted on two years of the VBM from Lexis Nexis ($350/yr) and a $3,000 240VAC incinerating portapotty. 

Smile when you flip them off.  

 

 

 

 

[broncovet]

The "70 percent" VA takes a position against the Vet that is "substantially unjustified" is actually understated!  At least "some" of the time, when the Veteran gets to the CAVC, the Va lawyers will "relent" and offer a JMR.  Its a way they save face.  I was offered a JMR 2 out of 4 trips to the CAVC.  (And one of those was a pro se writ!)  

I see their JMR kind of like the criminal who denies, denies, denies, UNTIL they come up with DNA evidence.  All of the sudden the criminal wants a plea bargain.  

Thus, if you were able to add the cases which go to court plus the cases where VA offers a JMR (which concedes the VA is in error), greater than 70 percent of BVA decisions are in error.  Its no wonder that, if you have a recent BVA denial, you can usually hire an attorney to dispute the error on contingency, because the attorney has a greater than 70 percent chance of getting paid!  

     This is probably better than many self employed people:  You dont make money on "EVERY" construction project, its possible that you underbid the job and it costs the contractor money to complete the job, jor example.  

Edited September 3, 2018 by broncovet

[Buck52]

The VA woud probably tell me to go buy it yourself  on the 100% comp were paying you each month.

Although if you get anything from the VR/E ILP your lucky.

I did get a sock puller upper & a fetch stick ,and  a set of headphones to help me hear my TV and a smoke alarm and a telephone that had a big red light on it when it rings.

No large priced Items like a computer  or camera, wood working tools, a riding lawn mower ,or a chair , although I hear about these things Veterans ask for or need  they usually get turn down,  even if you just need something to help you past the time and get by your s.c. disability better&live a better way of life...I don't think they care one way or the other.