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Voc Rehab/ TDIU/ Criminal Background

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Ry_guy

Question

This is a 2 part question:

Am I a good candidate for Voc Rehab even with a criminal background?

Am I a good candidate for TDIU because my criminal background (which I attribute to acquiring through my PTSD) is preventing me from finding gainful employment?

 

I have applied for Voc Rehab and I am to meet with a counselor in a few weeks to go over my disability (70% PTSD) and to decide if I am to be a good fit for Voc Rehab. I want to request that they allow and pay for me to go back to the local college for my bachelors in computer science. However, one of the serious (in my opinion) barriers to employment that I face is my criminal background. A D.U.I and a Domestic Violence conviction (I threw a plaque out of anger and it put a dime size hole in my apartment wall, this was by accident, but all employers see is Domestic Violence and don't care to hear the rest). Anyway, I got these charges literally right after I got out of the military and back from my second tour in Afghanistan. Things got worse from there but I feel I'm on the upswing at the moment. I have been offered 3 full time jobs this past year just to be later told, "oh you failed the background check, never mind". That's after applying to about 50 jobs, only getting 5 interviews, then receiving a job offer only 3 times, then being told all 3 times, "no, because of your background." The convictions are 3 years old (2012), the state of Texas allows employers to look back up to 7 years, I don't see myself getting around it.

At my C&P exam the examiner took an interest in my criminal record, I'm assuming she attributed my PTSD for leading into these criminal charges. That's how I feel at least; I didn't drink alcohol or have violent outbursts before I joined the military.

Look, I understand that some jobs will or may look past your criminal history. The problem is, I haven't found a job that will look past my criminal history that will pay a wage that I can live on. I feel really scared because the 70% is not enough to meet my financial obligations and take care of my son and so far I've had no luck getting around my criminal history to be gainfully employed.

So I'm thinking, be completely upfront with Voc Rehab about my barriers, and if they decide I'm a good fit than do my best to be retrained and be cooperative as they try to place me in suitable (I'm assuming that's how it works) employment. Or, if they decide I'm not a good fit, take the denial letter for Voc Rehab and apply for TDIU. Either way, I have to do something.

My ultimate goal is to be able to pay my bills on time and take care of my son and myself. If I would have received either of those 3 job offers this past year than I'd have already accomplished that. But at this point, I'm desperate. Your advice is greatly appreciated.

Edited by Ry_guy
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2 hours ago, Ry_guy said:

This is a 2 part question:

Am I a good candidate for Voc Rehab even with a criminal background?

Am I a good candidate for TDIU because my criminal background (which I attribute to acquiring through my PTSD) is preventing me from finding gainful employment?

 

I have applied for Voc Rehab and I am to meet with a counselor in a few weeks to go over my disability (70% PTSD) and to decide if I am to be a good fit for Voc Rehab. I want to request that they allow and pay for me to go back to the local college for my bachelors in computer science. However, one of the serious (in my opinion) barriers to employment that I face is my criminal background. A D.U.I and a Domestic Violence conviction (I threw a plaque out of anger and it put a dime size hole in my apartment wall, this was by accident, but all employers see is Domestic Violence and don't care to hear the rest). Anyway, I got these charges literally right after I got out of the military and back from my second tour in Afghanistan. Things got worse from there but I feel I'm on the upswing at the moment. I have been offered 3 full time jobs this past year just to be later told, "oh you failed the background check, never mind". That's after applying to about 50 jobs, only getting 5 interviews, then receiving a job offer only 3 times, then being told all 3 times, "no, because of your background." The convictions are 3 years old (2012), the state of Texas allows employers to look back up to 7 years, I don't see myself getting around it.

At my C&P exam the examiner took an interest in my criminal record, I'm assuming she attributed my PTSD for leading into these criminal charges. That's how I feel at least; I didn't drink alcohol or have violent outbursts before I joined the military.

Look, I understand that some jobs will or may look past your criminal history. The problem is, I haven't found a job that will look past my criminal history that will pay a wage that I can live on. I feel really scared because the 70% is not enough to meet my financial obligations and take care of my son and so far I've had no luck getting around my criminal history to be gainfully employed.

So I'm thinking, be completely upfront with Voc Rehab about my barriers, and if they decide I'm a good fit than do my best to be retrained and be cooperative as they try to place me in suitable (I'm assuming that's how it works) employment. Or, if they decide I'm not a good fit, take the denial letter for Voc Rehab and apply for TDIU. Either way, I have to do something.

My ultimate goal is to be able to pay my bills on time and take care of my son and myself. If I would have received either of those 3 job offers this past year than I'd have already accomplished that. But at this point, I'm desperate. Your advice is greatly appreciated.

First, what is your age? Second, could you be entitled to Social Security Disability Insurance? Third, what you would receive from TDIU P&T be enough for you to live on?  Fourth, your career choice needs room for future advancement. Finally, you should have already at least applied for TDIU.  The Voc counselor may suggest you "unfit" currently for employment.  Make them place documentation of you inability to work into the computer system.  If your not receive treatment for PTSD. From the VAMC, VetCenter, and/or private mental health care provider.  IMO, your died in the water.  Failure to meet the Voc Rehab and employment due to PTSD severity.  A VAMC doctor preferably a psychiatrist to place a statement into the VA computer files/medical records.  Stating your more likely than not to improve and maintain gainful employment due to the severity of your condition.  Would make receiving TDIU a more probable solution to your situation.  A good job would be the ideal solution to your situation.  It will help with a more stable future.  For not only you but, your child.

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20 minutes ago, MPsgt said:

First, what is your age? Second, could you be entitled to Social Security Disability Insurance? Third, what you would receive from TDIU P&T be enough for you to live on?  Fourth, your career choice needs room for future advancement. Finally, you should have already at least applied for TDIU.  The Voc counselor may suggest you "unfit" currently for employment.  Make them place documentation of you inability to work into the computer system.  If your not receive treatment for PTSD. From the VAMC, VetCenter, and/or private mental health care provider.  IMO, your died in the water.  Failure to meet the Voc Rehab and employment due to PTSD severity.  A VAMC doctor preferably a psychiatrist to place a statement into the VA computer files/medical records.  Stating your more likely than not to improve and maintain gainful employment due to the severity of your condition.  Would make receiving TDIU a more probable solution to your situation.  A good job would be the ideal solution to your situation.  It will help with a more stable future.  For not only you but, your child.

Hello, Thank you for your response. I am 28 years old. I have in the past received treatment from multiple VA hospitals for PTSD but I am often inconsistent due to my geographic inconsistency (I moved like 5 times in the past 2 years) I do plan on getting back involved with the Mental Health side of VA . Tomorrow I will reach out for an appointment. What does "died in the water" mean? 

I don't know if I'm eligible for SSDI. I was in the army for over 5 years and paid taxes so I assume I am eligible. I applied once when I was in Florida, but at the time they requested more information from me I was homeless and unable to get them that information so they denied my claim. Would I need to re open a claim now that I'm in Texas or would I have to file an appeal? Plus I currently attend online school and therefore receive BAH as I am, at this point, absolutely dependent on it as I've been unable to maintain gainful employment since I left the army over 4 years ago. Which is really scary, because it will run out soon. I think if you go to school than SSDI automatically disqualifies you.

Are you suggesting that I file a claim for TDIU so I can get the ball rolling while I wait on my appointment for VR&E just in case they decide i'm not a good fit due to my disabilities? I was thinking the same thing, so tomorrow I am going to the VA to file a claim for TDIU.

I agree that I'd rather have a decent paying career than TDIU for myself and for my son. The problem is, my criminal background seems to be a barrier as I have already been turned away due to background checks after receiving job offers for good careers. It's very demoralizing and makes me feel hopeless about future employment or being able to get anything other than trivial work. I'm waking up depressed and hopeless at this point. Not good. But, yes TDIU would be enough for me to cover my bills and live off of.

 
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The meaning behind died in the water.  Is if you're not seeking treatment from the VAMC, VetCenter, or a Private Mental Health Care provider.  You're not going anywhere with TDIU.  The two most important aspects to a claim are a history and documentation of continued treatment.  I'll outline what should probably be done by someone in your situation.

If you're unemployed:

Apply for SSDI at your local SSA office.  If you're an OEF, OIF, etc, etc Veteran the SSA has a program to front load Combat Veterans (request this program).  Your VAMC records and SC award will be needed by SSA.  Remember, SSA needs to grant you SSDI for the same issues as the VA i.e. Mental Health, Anxiety, and Depression.  The ID code for mental health with SSA is 12.06.  This can be found on their website.

Apply for TDIU P&T  Due to the severity of your PTSD, Anxiety, and Depression.  Always answer Yes, as to why you left your last job.  VAForm 21-8940 and I suggest a service officer to assist with this.

Continually go to all treatments.  I suggest utilizing the local VetCenter.  They're apart of the VA but, the VAMC cannot access their records of your treatment at the Vet Center. OH.......only combat Veterans will be treated at the VetCenter.

A VocRehab counselor can make notes in your records stating your inability to hold stable employment.  Should the educational opportunity fall thru?

You'll need an IMO from a psychiatrist as I stated in my earlier post.

New Medical evidence is always a plus.

Your age should never matter as to your claim.

Keep in mind this TDIU P&T process is very long.  It took a total of Five years from beginning to end.  For the Board of Veterans Appeals to award in my favor.  I can't make it without my continually treatments today.  I had already lost my federal job, was awarded SSDI, received my FERS retirement from OPM, had extensive medical record documentations, and twice rejected by Vocrehab.  Yet, they still denied TDIU P&T until I got my VA Psychiatrist to document that I was unemployable.  From that point, I got that Psychiatrist's IMO.  It only took about another six months for the Board of Veterans Appeal to approve TDIU P&T.

Maintain a stable address preferably your parents.  

Always contact Health Eligibility at the VAMC about any address change. 

 

 

Good Luck

 

 

 

Edited by MPsgt
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