What Rating Do I qualify for

[Hotdigitty]

I went for my mental health C&P and these are the checked diagnoses.  What % do I fall under in your opinion?

1. Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or mood
2. Depressed mood
3. Anxiety
4. Panic attacks that occur weekly or less often
5. Panic attacks more than once a week
6. Near-continuous panic or depression affecting the ability to function independently, appropriately and effectively
7. Chronic sleep impairment
8. Mild memory loss, such as forgetting names, directions or recent events
9. Disturbances of motivation and mood
10. Difficulty in establishing and maintaining effective work and social relationships
11. Difficulty adapting to stressful circumstances, including work or a work like setting
12. Suicidal ideation
13. Intermittent inability to perform activities of daily living, including maintenance of minimal personal hygiene.

[Hotdigitty]

Right now I am out on FMLA leave because of the service-connected disabilities.  I am only there because I am in my vested year and my co-workers help me out tremendously, however I will be  retiring this year.  My Dr. completed the form stating it were for those particular reasons.  Where I am employed we do not have worker's comp.

[Rivet62]

6 hours ago, Hotdigitty said:

Right now I am out on FMLA leave because of the service-connected disabilities.  I am only there because I am in my vested year and my co-workers help me out tremendously, however I will be  retiring this year.  My Dr. completed the form stating it were for those particular reasons.  Where I am employed we do not have worker's comp.

I did a medical resignation at the VAMC where I worked briefly. My doctors had supported requests for time off as paid sick, unpaid sick, LWOP, and FMLA, and finally the resignation. I was vested as well, but I did not look to the VAMC's disability benefit, because my SC issues occurred long before my attempted work at the VAMC. I know I couldn't draw from both.

Someone correct me if I'm wrong, but it would seem to me that your path to raising employment difficulties after retirement might be a functional capacity exam and impairment rating. I complained about having to do all of that just to acquire measured range of motion tests. It seems physical therapists offer 'a bundle' instead, which provides far more than I believe I need. In your case however, it could help to establish your actual functional capacity along with a recognized impairment rating. Then, if you couple that with employee lay statements on how they assisted you, then maybe you can raise the issues of SC conditions interfering with work, together with your leave balances (paid sick, unpaid sick, LWOP, and FMLA). Then, if you top all of that off with an independent medical opinion (IMO) it should help.

You can get more information on your questions by looking at VA's claims development and evaluation guides (Someone please correct me because I know botched the description). I think it's called Veterans Benefits Manual, which shows what evidence is needed, claim development and evaluation. I'm new here, and still at the bottom of the learning curve.

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018

 

[john999]

You can apply for OPM disability retirement.  Why VA did not tell you about this I do not know.  I retired from USPS on OMP disability. You get about 40% of your earnings minus SSDI and worker's compensation if you get it.  

[pwrslm]

Employees have the right to take FMLA leave for their own serious health conditions. This should not be a serious issue. It may be smart to quote the FAQ (in a lay statement) from the department of labor below to pre-empt a VA screw up though.

 

Ref; FMLA FAQ

 

Qualifying conditions

(Q) When can an eligible employee use FMLA leave?

A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid, job-protected leave in a 12 month period for one or more of the following reasons:

for the birth of a son or daughter, and to bond with the newborn child;

for the placement with the employee of a child for adoption or foster care, and to bond with that child;

to care for an immediate family member (spouse, child, or parent – but not a parent “in-law”) with a serious health condition;

to take medical leave when the employee is unable to work because of a serious health condition; or

for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on covered active duty or call to covered active duty status as a member of the National Guard, Reserves, or Regular Armed Forces.

The FMLA also allows eligible employees to take up to 26 workweeks of unpaid, job-protected leave in a “single 12-month period” to care for a covered servicemember with a serious injury or illness.

[Rivet62]

15 hours ago, john999 said:

You can apply for OPM disability retirement.  Why VA did not tell you about this I do not know.  I retired from USPS on OMP disability. You get about 40% of your earnings minus SSDI and worker's compensation if you get it.  

I was under the impression you could not apply and receive both the OPM disability retirement and Vets disability at the same time.

[john999]

Rivet

 

                     No, no you most certainly can get OPM disability and VA at the same time.  You can't get OPM and OWCP at the same time usually.  If you get SSDI and OPM they make an adjustment and reduce your OPM.  If you can manage OPM, SSDI, and TDIU/100% from VA your money problems will probably be over.    You can get SSDI, VA and OPM at the same time no problem.  When you reach full retirement age the adjustment for SSDI and OPM goes away and you get the full amount. At one time I got OWCP, SSDI and VA money.  I had to drop the OWCP when I got TDIU from the VA but I did then get OPM, VA and SSDI.  I was making more than when I was working.  Now I get full SSA, OPM and 100% from VA.  I would apply for all disability/retirement benefits and let them sort it out.