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Struggling at work


AngryA

Question

Hello, I am struggling at work, in large part due to PTSD (currently 70% for ptsd, 90% total), looking at potential termination/medical retirement.

Would you advise me to file for increase in ptsd now or once I actually have something to show for it (being out of a job- almost 9 years there). I don’t want to file for 100% via unemployability, I just can’t see myself working for my current employer/management. 

Thank you.

 

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This by no means a definitive answer and I know others will chime in. The advantage of filing now is that it will give. you the earliest effective date which effects you retroactive pay. Though I'm not sure where you would end up percentage wise, it is very hard to go from 90 to 100 if you rule out IU. 

Check out the General Rating Formula for Mental Disorders in the Schedule for Rating Disabilities

General Rating Formula for Mental Disorders.png

 

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Posted (edited)
49 minutes ago, Tbird said:

This by no means a definitive answer and I know others will chime in. The advantage of filing now is that it will give. you the earliest effective date which effects you retroactive pay. Though I'm not sure where you would end up percentage wise, it is very hard to go from 90 to 100 if you rule out IU. 

Check out the General Rating Formula for Mental Disorders in the Schedule for Rating Disabilities

General Rating Formula for Mental Disorders.png

 

I appreciate your feedback.

Regarding filing for IU- is that something that’s typically done with or without attorneys services? I realize it’s probably a case by case scenario and a matter of preference, but am I wrong to assume that it could be somewhat simpler than some of the other claims?

Edited by AngryA
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I'll agree with Tbird; going from 90%-100% is extremely difficult. Research VA math here on Hadit or else where. IMHO, I believe if you want to get there scheduler 100%, you have to come up with a half dozen or more ADDITIONAL disabilities on top of what you have now. Going from 70% to 100% just for MH is a very difficult step to accomplish, as the rating formula shows. So,if you stay at 70% for MH, then yo need many more others by using VA Math. Lastly, I don't think you want to compare your disabilities to some one else's situation; really, every one's is different. In my opinion again, if you can get a good law firm to take your case, your chances definitley would improve, but by how much, who knows.

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Posted (edited)

I was 90% (91) actually.  Everything is rounded down until you get to 5, i.e., 95 which is then rounded to 100.

I won a claim for an increase, from 20 to 40%, and two at 10% which were bilateral.  This gave me 96, which was rounded up to 100.

What is important here is that the rating that was raised from 20 to 40, was more benificial than a new rating of 20 percent.  Keep that in mind.

Now, I see that you are 70 MH, and have an overal rating of 90%.  You need to find your actual number, could be anywhere from 85 to 94.  Higher helps.  Then, you need to look at all your disabilities.  Do you have a disability that could be causing you more difficulties than when it was previously rated?, if yes, file for an increase.  Do you have a new disability that was/is caused by one of your current service connected disabilities?, if yes, file for an condition secondary to your current SC disability.

I have no biggies, but when my conditions worsened, I filed for an increase, or a new secondary condition.  30-40-60-70-80-90 and then 100P&T.  About 11 years.

You can do it,

Carl

I was at 80, and filed claims and got a 30, another 30 and a 10, thought I was going to be 100 for sure, but with VA math I got 90.  You need to play their game.  Keep filing when the need arises.

Edited by Carl Bacon
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1 hour ago, Carl Bacon said:

Now, I see that you are 70 MH, and have an overall rating of 90%.  You need to find your actual number, could be anywhere from 85 to 94.

I was rated 90% and the VA increased my rating with a 40% increase, looking at the numbers it seems I fell somewhere between 90% to 94% and the VARO rounded up and granted me 100% P & T schedular. It's not impossible but as others have stated, you will need to either file for an increase or file for a new disability secondary or directly service connected.

Edited by pacmanx1
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One factor often overlooked is reasonable accommodations under the ADA. They don't apply equally for every employer size or type, but is worth looking into before calling it quits. Sometimes an employee just needs some changes made in order to remain functional. I have seen instances where something as simple as granting the opportunity to work remotely can result in an unhappy/underperforming employee becoming very happy, productive, and successful. Check out the Job Accommodation Network (www.askjan.org) for more information.

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