Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

30 Percent Letter Before Final Ruling


parforever
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

I have a friend who has obvious disabilities that will make her well over 30% disabled. She has a government job lined and has been hired however there is person coming in that has been rifted. The hiring authority has told her unless she is a 30 percent vet they are going to have to hire the other person. She has done her retirment C&P in September and is waiting the final results.

Does anybody know if she can get a letter stating she will be at least 30 percent before the final percentage is done? I have searched and thought at one time I had read were you could get a letter early.

Thanks!

Link to comment
Share on other sites

  • Answers 8
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder

I have a friend who has obvious disabilities that will make her well over 30% disabled. She has a government job lined and has been hired however there is person coming in that has been rifted. The hiring authority has told her unless she is a 30 percent vet they are going to have to hire the other person. She has done her retirment C&P in September and is waiting the final results.

Does anybody know if she can get a letter stating she will be at least 30 percent before the final percentage is done? I have searched and thought at one time I had read were you could get a letter early.

Thanks!

Has she called the VA and explained the situation? They can issue a letter that states if you are 30% or more for employment purposes. If they have not determined it then she might be out luck.

Link to comment
Share on other sites

Does anybody know if she can get a letter stating she will be at least 30 percent before the final percentage is done?

Thanks!

par,

I do not see ANY reason or way at all for this person to get a letter stating,

"she will be at least 30 percent" prior to a rating decision being made and promulgated.

Not even VBA can speculate, as to what a final outcome would be.

Link to comment
Share on other sites

  • Moderator

Im sure this is frustrating, but I do agree with Carlie. She may be able to explain the situation to those involved, but there is no guarntee they will listen.

This is a good example of

"Justice Delayed is Justice Denied" concept.

You see, by delaying your friends benefits, often unreasonably so, they miss out on a lot more than money. In this case the delays could well cost your friend her job.

Link to comment
Share on other sites

  • Moderator

Something doesn't add up here.

The Veteran is going to get preference if they served according to OPM guidelines.(Meet requirements for Preference)

A Veteran cannot be bumped by a Non Veteran. These HR folks bend the rules to get what they want.

Have your friend contact OPM. I would also have them contact an employment attorney because this is going to get ugly.

Go to OPM's website and read the guidelines for a Reduction in force.

The agency may just be wanting to gert rid of your friend as it is done ervery day.

J

Link to comment
Share on other sites

  • Moderator

Is there a RIF where your friend is working? or is the other poerson dislocated because of a RIF someplace else.

Here is the RIF information.

12. Determining Retention Standing-Veterans' Preference for Retired Members of the Armed Forces

By law (i.e., the Dual Compensation Act of 1964, as presently codified in section 3501(a) of title 5, United States Code), a retired member of the Armed Forces is a veteran under the RIF regulations only if the employee meets one of the following three conditions:

The Armed Forces retirement (without regard to benefits from the Department of Veterans Affairs) is directly based upon a combat‑incurred disability or injury; or

The Armed Forces retirement is based upon less than 20 years of active duty; or

The employee has been working for the Government since November 30, 1964, without a break in service of more than 30 days.

J

Link to comment
Share on other sites

http://www.dol.gov/compliance/guide/503.htm

This contains the rights of veterans with and without disabilities.

I used to know the Vocational Rehabilitation Act like the back of my hand- good thing-

the VA tried to pull something like this on my husband in order to hire family member--

long story we raised Hell and had these regs with us when we did it----

However does she have any SC rating at all yet?like is she 10% SC yet?

If she doesn't have a SC rating then she is not a "qualified" disabled individual under USC 2018.

John is right too-

As a veteran without a SC rating she also has certain rights that non vets do not have regarding federal cntractors

Been there done that too-

VA hired a non vet to fill a full time position because she was friends with someone at VA.

Every Part time vet raised Hell who also had applied for this position. They were all qualified for it.

My husband was only vet who filed EEOC case however.

I went over what questions he should expect from the investigator.

He messed up big time on one question when the investigator interviewed him and I was sitting there listening and knew this case went right down the toilet with his answer.

However I obtained not only personal info under FOIA from VA regarding the applicants (VA violated their privacy there) but also the entire testimony his co workers gave the investigator.

I used it to help his PTSD claim.It even helped my DIC claim.

Best to give the entire regulations a good read at the link I gave you.

Does she have the OPM "qualified" statement yet from OPM.

That OPM statement helped us get a VA personnel director fired regarding another discrimination VA problem my husband had.

This was many years ago but employment discrimination is still alive and well.

In another situation my husband won the first ADA case here in NY.

This was against a large federal contractor-

On a lay off recall he had first preference as a veteran to be recalled and they recalled a non vet, with less on the job time than him- first.

I did all the legal work on that and I sat on the PO steps the Morning after the ADA became law -waiting for them to open-to mail it all. There was a lot more to this-years of fighting with DOL for him to even get hired which he finally was hired.

This large company in NY had a 7 year hiring rate of less then 1% new hires as disabled veterans.Yet they touted they were vet friendly.

It had been 1% until they fired the sole disabled vet that they had hired until they hired my husband.

NO ONE should allow their employment rights to be violated.

Edited by Berta
Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • Advertisemnt

  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.

     

    All VA Claims questions should be posted on our forums. To post, you must register. Registration is free. You can register for a free account here.

     

    You can read the forums without registering.

     

    Tips on posting on the forums.
     

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.

     

    Leading to:

     

    Post straightforward questions and then post background information.

     

    Examples:
     
    • A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
       
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

     

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

     

    Note:

     

    • Your first posts on the board may be delayed before they appear as they are reviewed.
    • This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • 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

  • VA Watchdog

  • 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

×
×
  • Create New...

Important Information

{terms] and Guidelines

<——>