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Being Fired/having To Quit Due To Sc Disabilities

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BoonDoc

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I have been fired twice, and had to quite once due to my SC disabilities, and in each case the former employer lied as to why I was fired, or left. The VA has been holding this against me for years.

My last job was I had was a part time job that I worked two hours a day in an office of a SEC 8 HUD apartments, making less than $500.00 per month.

I had to quite, and let My wife take over.

The VA said that I proved that I could work, even though it wasn't gainful employment.

I sent in My tax returns for the year that they said that I worked; proving that I had no income for said year. The Va didn't budge on their position.

Has anyone, who has had this happen to them, been able to dis-prove false statements made to the VA by former employers?

I believe that this is vital to my claim for TDIU.

The only thing that I can think of is hiring an attorney, to get their records.

Any suggestions would be appreciated.

BoonDoc

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Some employers are afraid of the ADA- the anti-discrimination laws against disabled regulations-and are careful what they reply to the VA with-

others aren't and will say anything.

I obtained info under the FOIA from a private federal contractor

who had discriminated against my husband.

But this was due to a Dept of Labor matter- and that is only reason I could use the FOIA.The records became federal records.

They mistakenly released info they should not have sent to me and threatened to send a US Marshall here to get it back.

I don't know if the information was a lie by another employee or not-my husband could not recall any situation with the company that would provoke this woman's statement.He didn't even know who she was.The company used her statement to say that Rod had created a hostile work environment.

But at the same time he had favorable work performance appraisals from his boss never suggesting he was 'hostile'.

I used this odd unsupported statement to support his SSA claim and his VA claim.

And he won the first ADA case here in NY-discrimination due to disability-

The HUD job you had- they too might have to release info on you under the FOIA (Freedom of Information ACt and/or the Privacy Act.)

However- if the employer states information that reveals the symptoms and extent of your disability-as bad as it might be-then I would not even worry about it.

Conversely if the employer says you were an excellent worker and they wish you had not left them- that could impact negatively on a TDIU claim too.

The employer statements are only one part of a TDIU claim.

Oddly enough I actually called the woman who had signed the statement in question many years later-and she could not recall Rod nor any incident at all like this and was surprised her signature appeared on this statement in the DOL files.

If the statement was truth -it reflected how angry he could become over something- due to his PTSD-

Rod could certainly create a hostile environment. But if it was false-it didnt matter anyhow-

medical evidence in his VA records were what was really "vital" to what awarded his 100% PTSD SC.

I don't think this is something to worry about.

"The VA said that I proved that I could work, even though it wasn't gainful employment.

I sent in My tax returns for the year that they said that I worked; proving that I had no income for said year. The Va didn't budge on their position."

Do you mean you responded to a SOC that said this and got a SSOC ?

Was this the sole reason they denied TDIU?

Did they raise any negative statements from employers in this decision?

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Berta,

Maybe I shouldn't have used the word "vital", since it was just one of the reasons given for denial.

This was from a previous denial; I opened a new claim for secondary SC disabilities, and PTSD in 2006.

I was encouraged to file for PTSD by my VA psychologist, and psychiatrist.

These 21-4192 Forms were in the rating Decision:

Job#1 no reason for termination, but stated no tim elost due to any illness.

Job#2 Gave the reason that I left due to moving to another state.

Job#3 Is the same job, just they listed the parent company, they stated that I moved.

Did they raise any negative statements from employers in this decision? No.

They also stated that I have my migraines at night time, and they only last 2-3 hours...not what my treatment records say, I have 2-3 migraines beginning at night, and lasting 2-3 days per week, with residuals post migraine.

The C&P stated that "the veteran has certain clinical markers for obstructive sleep apnea syndromeand possibility of pheochromocytoma giving rise to his headaches" I do have symptoms of sleep apnea, but thay has nothing to do with my migraines, and I didn't think they diagnosed during C&P's.

"the veterans headaches are such that he would imagine the veteran would be incapacitated but these usually occur at nighttime and that he may have skills that make him employable."

I was terminated from VA CH. 35 due to my migraines, but then again I don't know what the counselor wrote as reasons for termination...failing maybe ( I had droped a semester from too many missed days out with migraines, with 96 SEM hours and a 3.7 gpa, I wanted to graduate and work after grad school, LCSW, at the VA...kind of ironic now that I think about it.

I don't get where they are getting the frequency of my headaches, i have had the same symptoms for several years.

I am claiming secondary depression and anxiety as I have these caused by chronic migraines. They will probally say the depression is due to DDD,neck stenosis, bulging dicks with pinched nerves, etc., but I'm not going to talk anything but SC disabilities, and secondary symptoms from now on, and focus on getting the secondary symptoms SC to my SC migraines. I was in a real bad MVA where I hit my head and cracked the front windshield, side window, and the back window, then started having migraines after that.

I have an appointment with my VA neurologist coming up, I'm going to ask about a fee basis card for ER visits...I'm going to go let the docs see me while I have migraines, and start to present a more realistic picture of the nature of my abilities to work.

Thanks,

BoonDoc

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"I was terminated from VA CH. 35 due to my migraines, but then again I don't know what the counselor wrote as reasons for termination...failing maybe ( I had droped a semester from too many missed days out with migraines, with 96 SEM hours and a 3.7 gpa, I wanted to graduate and work after grad school, LCSW, at the VA...kind of ironic now that I think about it."

Do you mean Voc Rehab?

Anytime a VA voc rehab person states that SC disabilities have caused continuation of schooling to be unfeasable-due to SC- this is excellent evidence that the vet is unemployable.

If you can get the documentation on this-it could greatly help your claim.

"the veterans headaches are such that he would imagine the veteran would be incapacitated but these usually occur at nighttime and that he may have skills that make him employable."

Was the the rater's comments?

Who did they mean by "he" in the would imagine part-

This decision could have been torn apart- I hope you rebutted everything that was incorrect.

And hopefully you could try to get the Voc Rehab records.

What is the exact status of your claim at this point?

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Do you mean Voc Rehab? Yes Voc Rehab. I think it was CH 31.

Anytime a VA voc rehab person states that SC disabilities have caused continuation of schooling to be unfeasable-due to SC- this is excellent evidence that the vet is unemployable.

If you can get the documentation on this-it could greatly help your claim. I'm going to my RO next Friday for optometry, will request them. I'm going to my RO next Friday and will request them.

"the veterans headaches are such that he would imagine the veteran would be incapacitated but these usually occur at nighttime and that he may have skills that make him employable."

Was the the rater's comments? I am not sure, it was written in the Rating Decision

Who did they mean by "he" in the would imagine part- I assumed Me

This decision could have been torn apart- I hope you rebutted everything that was incorrect. No I didn't, I was so depressed I retreated back in my shell (agoraphobia).

]

I filed again 3 years ago for same thing plus secondary SC disabilities, plus on the advise of my LCSW, and psychiatrist who gave Me a DX of PTSD with agoraphobia. I filed a claim for the PTSD with SMR's showing stresor, current diagnosis with treatment with meds and psychiatrist treating me.

And hopefully you could try to get the Voc Rehab records. I'm going to request them.

What is the exact status of your claim at this point? My present claim is at the rating board.

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Boondoc,

Usually VA will not grant IU just for not working. You have to show on a probative level you can't sustain any work due to your S/C conditions.

Get a full IMO with review of your VA medical records stating your totally disabled for any work. Do you have a copy of your treatment records from the VA?

frank

I have been fired twice, and had to quite once due to my SC disabilities, and in each case the former employer lied as to why I was fired, or left. The VA has been holding this against me for years.

My last job was I had was a part time job that I worked two hours a day in an office of a SEC 8 HUD apartments, making less than $500.00 per month.

I had to quite, and let My wife take over.

The VA said that I proved that I could work, even though it wasn't gainful employment.

I sent in My tax returns for the year that they said that I worked; proving that I had no income for said year. The Va didn't budge on their position.

Has anyone, who has had this happen to them, been able to dis-prove false statements made to the VA by former employers?

I believe that this is vital to my claim for TDIU.

The only thing that I can think of is hiring an attorney, to get their records.

Any suggestions would be appreciated.

BoonDoc

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Usually VA will not grant IU just for not working. You have to show on a probative level you can't sustain any work due to your S/C conditions. I was fired due to my SC disability from my last 3 jobs.

Get a full IMO with review of your VA medical records stating your totally disabled for any work. Do you have a copy of your treatment records from the VA?

I agree on getting an IMO, just don't have the money. I went to my private doctor and He wouldn't do it.

I've been trying to get a complete set of my SMR's, VA MR's, and C-File.

I requested them around 3 yrs ago.. I have been waiting to request them again until i get my rating decision. I may request them next Friday when I'll be at my RO...I need them in case I'm denied on this claim.

Thx,

BoonDoc

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