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    • This may not be on this subject but just thought I'd toss it out there for the vets that don't know? As for as ANY dealings with the VA  On anything  its always best to get your self  a date stamped from the VA Employee's TO SHOW YOU WERE THERE YOU TRIED TO GET WHAT EVER No matter what the cause make sure you get proof for yourself that you were there no matter what the cause. It could very well come in handy for you down the long road of VA Appeals. if you work your claim yourself   its good to have your VSO date stamp your documents you send the VA Before you send them in.  or another example Even if you had an appointment to go see your C-FILE at your R.O. and they can't seem to find it and ask you to just come back next week  or what ever excuse they give you...be sure and get them to get you a form and have them to date stamp that form to show you reported for your Appointment on that date and they could not locate your C-FILE..These little things could sure prove to be worth your time a trouble later on. jmo ....................Buck
    • Just to post an update, I submitted my claim in May and was awarded 30% for IBS-D with an effective date of June 2015, which was the date i submitted my intent to file.    My total is now 60% service connected.
    • I believe your correct Ms Berta   after NOD one year time limit runs out  the claim is closed out  and only if the veteran him/her self can show'' good cause'' will the VA take note and its up to their digression to continue with the claim. (usually a medical emergency is ''good cause''
    • A Good Read About VCAA. Maybe it will help fellow Veterans understand it better! http://www.bva.va.gov/docs/VLR_VOL3/6-GriffinAndJones-VCAA-TenYearsLaterPages284-321.pdf .............Buck
    • I guess my reply was not clear.Please correct me if I am wrong. If one does not file a NOD in time, that claim is considered over and done with.Unless they can get the VA to reconsider the untimeless for " good Cause",like if the veteran was suddenly hospitalized prior to the NOD deadline-that might work. That info is in M21-1MR. Maybe a lawyer Could help with that type of claim for "good cause"...I dont know..... If a veteran can reopen the claim with new and material evidence, and then get denied again they can obtain a lawyer who might even prepare the NOD themselves. Chris Attig is a member here and is a Great veteran's  Attorney. It would have helped if you had posted the rest of his article. The key word is Pro Bono and what would they be representing you for? An assumption that the claim will be denied? Have you contacted Chris ? He is very user friendly and might be able to help you prove the NOD was not filed timely due to "good cause". I have an appeal for the BVA  on the 'good cause' basis which the BVA may or may not address ( this is a small issue, as my appeal involves a bigger more important issue)as it seems to have been denied in the CUE award I am appealing. My NOD was certainly filed in time. That is not the issue. The issue I raised is that when VA makes a CUE (Clear and Unmistakable error) in a decision,and does not correct it,when challenged, even if the NOD is filed in time, the time frame of the NOD should be extended for 'good cause' because the claimant is filing a NOD on a decision that contains an erroneous legal error to their detriment, and the 'extention' of the NOD time frame would help VA have more time to correct the specific error; thus  the claimant can file the NOD on a legal decision without legal error.   Feel free to share my comments here with Chris.His info is correct. But your problem is not a legal issue. It is the "nexus" factor. In my opinion.   "A Veterans Benefits attorney can represent a Veteran before the filing of a Notice of Disagreement(in an original claim) on a pro bono basis only There is one exception – and these cases are getting more and more rare: If your claim was denied by the VA prior to June 20, 2007, an accredited agent or attorney is only permitted to charge fees for services after the Board of Veterans’ Appeals issued a first final decision in the case. Now, this begs the question: can you hire an attorney help you BEFORE the VA denies your claim? Yes, you absolutely can. But the attorney cannot charge you a fee." (source...above link in prior post from Chris Attig's site.                            





Loose Cannon

Fired Due To Ptsd...should I Get A Lawyer?

10 posts in this topic

I need advice...and I'll try to keep this short. I was recently fired from my job after a meeting with my employer where I made him aware that I was suffering from PTSD. I am a 20-year honorably discharged retired Marine- retired in 2004, VA diagnosed with PTSD in 2005. A few days ago, I received a "severence package" in the mail. Basically, they are offering me about $2800 to keep my mouth shut (no speaking to the press, other employees, etc.) regarding my termination. They put all this in writing and gave me 3 weeks to accept it. The problem is that if I sign and return it I will also be waiving my legal right to sue. Fact is they knew I was receiving treatment for PTSD and fired me anyways...Isn't this illegal? Do I need to see a lawyer, show him their "proposed" severence package, and sue them or am I wasting my time. I really could use some good advice here. Can anyone relate or help?

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Get the letter to an attorney asap.

J

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You need an attorney. Don't delay.

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LC,

Don't signed a danged thing yet.

You will probably need legal representation from a firm that

handles EEOC and ADA claims.

I've sent a shout out to one of our members that can probably

provide some accurate guidance for your situation.

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Get a GOOD lawyer!!!! copy everything they sent.

I need advice...and I'll try to keep this short. I was recently fired from my job after a meeting with my employer where I made him aware that I was suffering from PTSD. I am a 20-year honorably discharged retired Marine- retired in 2004, VA diagnosed with PTSD in 2005. A few days ago, I received a "severence package" in the mail. Basically, they are offering me about $2800 to keep my mouth shut (no speaking to the press, other employees, etc.) regarding my termination. They put all this in writing and gave me 3 weeks to accept it. The problem is that if I sign and return it I will also be waiving my legal right to sue. Fact is they knew I was receiving treatment for PTSD and fired me anyways...Isn't this illegal? Do I need to see a lawyer, show him their "proposed" severence package, and sue them or am I wasting my time. I really could use some good advice here. Can anyone relate or help?

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I need advice...and I'll try to keep this short. I was recently fired from my job after a meeting with my employer where I made him aware that I was suffering from PTSD. I am a 20-year honorably discharged retired Marine- retired in 2004, VA diagnosed with PTSD in 2005. A few days ago, I received a "severence package" in the mail. Basically, they are offering me about $2800 to keep my mouth shut (no speaking to the press, other employees, etc.) regarding my termination. They put all this in writing and gave me 3 weeks to accept it. The problem is that if I sign and return it I will also be waiving my legal right to sue. Fact is they knew I was receiving treatment for PTSD and fired me anyways...Isn't this illegal? Do I need to see a lawyer, show him their "proposed" severence package, and sue them or am I wasting my time. I really could use some good advice here. Can anyone relate or help?

Well, you have not stated if you were fired with cause. If you look at the termination papers they should give their reasons for the termination. Many states, like Texas, have a right to work set of laws, which basically means you can be fired for any reason or no reason at all. Other states have more protection for the average joe. In any case, it is very hard to sue a former employer and win unless you have some pretty good evidence you can use.

I am not an attorney, but do suffer from PTSD. I worked many years in the high tech arena and have lost many jobs because of my PTSD. Absolutely none of the positions that I was asked to leave ever cited my PTSD as a reason. The fact that they are offering you a severance package speaks pretty good for the firm these days.

The choice is yours and I wish you luck in the future. (PTSD is a gift from your service that keeps on giving!)

Edited by NSA-Saigon-ET

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