Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0
dicple13

What Are My Options?

Question

maybe someone can help me. I am currently employed with a government agency as a supply tech. I am digansoed with chronic PTSD and on my C&P exam back in Feb.08 the examing physician put in writing that I was only employable under a stress free environment with limited interaction from coworkers,whom I have had a bad history with. I do not get along well with the people I work with. I have been suspended for 10 days for a incident and now another has occurred where a propsed termination was a possible option.I am not serviced connected for my PTSD it is in appeal. My employer says there is no way to accomadate me because of my condition.What are my options?

Thanks!

Share this post


Link to post
Share on other sites

Recommended Posts

Get your employer to put this in writing

especially if you are going to be terminated.

jmho,

carlie

Share this post


Link to post
Share on other sites

Ad

...also, is there anyone at work (besides the supervisor) who can write letters on your behalf about stressors at work. those might help as well. does your work have an employee benefits advisor (not sure that's the proper title)....you said you work for a government agency, so there should be a person like this who could also write a letter on your behalf.

and, with a dx of PTSD....i don't think that you can be fired for incidents which relate to this.....that might be covered under the ADA...maybe somebody else here will know better than i do about that.

Share this post


Link to post
Share on other sites

Are you a dual-status technician?

If so, this is obviously going to affect your reserve status because the rep will carry over and affect your promotions also.

Get your dr to send you to an inpatient program and put the stressors on your technician job. The gov't will have to give you a med board (civilian) and hopefully medical retirement because they exacerbated your PTSD.

Share this post


Link to post
Share on other sites

x

x

x

The Americans with Disabilities Act ("ADA"), Statute 42 U.S.C. § 12101 et seq. The Americans with Disabilities Act is codified at Title 42, section 12101 and following. It can be located in the United States Code (Range 149), the United States Code Annotated (Ranges 149-150) and the United States Code Service (Range 153). The relevant Public Law number and citation to Statutes at Large is Americans with Disabilities Act of 1990, P.L. 101-336 and 104 Stat. 328.

An individual with a disability is defined as one who "is unable to perform a major life activity that the average person in the general population can perform," has an impairment that "significantly restricts the condition, manner or duration in which an individual can perform a particular activity as opposed to the condition, manner or duration in which the average person in the general population can perform the same activity," or is regarded as having such impairment. 42 U.S.C. § 12102(2).

The Americans with Disabilities Act ("ADA") prohibits employers from discriminating against a qualified individual with a disability in any terms and conditions of employment, including applications for employment, hiring, promotion, discharge, wages, and training. 42 U.S.C. § 12112(a).

An employer is not required to offer an accommodation to an employee unless the employer knows the employee has a disability. See Bacon v. Great Plains Manufacturing Co., 1997 U S Dist. LEXIS 2648 (D. Kan. 1997).

An employee, obviously disabled or not, may be required to ask for a specific accommodation before the employer is obligated to offer one. See Willis v. Conopco, Inc., 108 F.3d 282 (11th Cir. 1997).

Courts are not all in agreement, however, that the employee bears the burden to ask for a specific, reasonable accommodation. See Beck v. University of Wisconsin Board of Regents, 75 F.3d 1130 (7th Cir. 1996) (requiring employer to engage in "flexible interactive" process with employee after accommodation is requested) and Borkowski v. Valley Cent. School Dist., 63 F.3d 131 (2d Cir. 1995) (shifting burden to employer to show accommodation will pose undue hardship and merging issues of reasonableness/undue hardship).

for more information, see

National Council on Disability http://www.ncd.gov/newsroom/publications/index.htm

Share this post


Link to post
Share on other sites

OK,if you been diagnose with ptsd, and you have a vertifiable inservice stressor

and your inservice stressor, is the reason you have ptsd,you will get a rating,but i don't know what percentage.

dicple13,What is your vertifiable inservice stressor?

mobie

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines