Owcp LWEC then awarded VA 70% with TDUI deferred.

[Smokie]

10% for tinnitus, my left ear is shot. I had just received that ratings, then the second part of the NOD came back from the board for 70%  for MDD, anxiety disorder, sleep disturbance secondary to Tinnitus.   I'm on OWCP for MDD and Anxiety.  How does the VA view my secondary conditions as far as VA disability is concerned?  I know if it's the same condition you have to elect one. Thanks 

[GBArmy]

Hi Smokie Welcome to Hadit. The VA rolls up and combines disabilities where they can and then gives the highest rating based on all the rated symptoms you have. Once they grant the disability you can't claim that same disability again as symptoms of another disability. That is called pyramiding. It happens quite often with MH disabilities as it can be hard to definitely say the symptom is connected to anxiety as opposed to depression, for example. So they give the higher rating but you can't get two seperate ratings for the same disability, in this example MH. See https://cck-law.com/blog/pyramiding-how-to-avoid-stacking-your-va-ratings/  Just a thought but did you also put in for a hearing disability seperate throm the tinnitus? If not, you should consider; it would be a separate disability than tinnitus. Check and see if you actually claimed it.

[john999]

I was on OWCP for a mental health condition.  When I got TDIU from VA for the same condition I had to choose between OWCP and TDIU.  It took me about one minute to decide to take TDIU.  I think as long as you don't claim TDIU or 100% benefits from the VA you may not have to choose.  It is a gamble because the OWCP may conclude that you owe Uncle Sam money since you got benefits from OWCP and VA for the same condition at the same time.  The OWCP said I owed the government a bunch of money, but I never paid it and never got a bill.  It was OWCP mistake anyway. OWCP does not have the concept of P&T.  If you have to choose go with VA even if it is less now.  I don't know if is better to alert OWCP that you get benefits from VA for same condition. You don't want to wake them up but they will probably find out.

[Smokie]

GBArmy- yes, I was awarded hearing loss at 0% in the same NOD however I need to appeal that for a higher ratting. So is my MH rated with my tinnitus? 
 

John999- when did your election letter come from. I agree, telling owcp anything never has a good outcome. I would get more from va and was already approved for opm DR and will try and switch tomorrow. I was told that owcp could not ask for money back as my tinnitus is not accepted or known to owcp.?? Either way being on owcp will shorten ones life.....

[GBArmy]

Smokie They could connect it as secondary to tinnitus; read your decision letter and get a copy of your C&P exam. You could file and see but you would be better off going on the offensive and getting a IMO from a specialist saying it was not associated with the depression but occurred before, especially if your med records shows some entry. However, if you also get headaches, check out diagnostic code 8100 and see if would result in a rating. 

[Smokie]

Thanks GB Army- I had the MDD/anixity for decades the tinnitus has gotten worse over the years. I’ll call and get off WC tomorrow. I’m already approved for opm disability retirement. I go into full panic mode when I see I’m getting a letter from them.., the stories I could tell. I did call the VA Board last Friday and they said it’s not related to owcp but I wanna make sure. I just wanna be left alone at this point.  I’ll call the VA board again tomorrow. The letter in my decision letter had a page of things that said might hinder payment from the va and owcp was listed. I told the judge i was getting it at the hearing.. 

[john999]

Smokie

I got the letter from OWCP telling me I had to make a choice between TDIU and OWCP.   After I made the choice OWCP tried to get me to pay them money.  I never did and they gave up.  The less OWCP knows the better.  If I you are getting VA you can also get SSDI and OPM.  It will be more than OWCP.