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Should I Apply For I.u


boricuarage

Question

Hello All,

I may be eligible for 100 percent disability because I'm over 70 percent disabled and I have been unemployed since Jun of 2011. I started to recieve my compensation this past March.

Now here is the drawback. I got fired from my job because I distributed a control 3 substance to a soldier that was not allowed to have it. The only reason I was fired is because I gave the substance inside a military installation. I was not selling it.

I'm located in Germany so the laws are somewhat different. I was interviewed by C.I.D. and the case was turned over to the german authorities because I'm a civilian.I was never convicted or had to stand in front of judge. The only thing I had to do was pay a fine and that has already been paid.

I researched if you apply for I.U the VA will send a letter to my old job and ask why was I fired. I'm assuming they will state the reason. I'm not worried about not getting the 100 percent, but losing all my benifits because of this action.

Will I lose my disability money if the VA finds out I was fired due to distributing a control 3 substance.

My psychiatrist can also write a letter to VA for being unfit to work.

I have PTSD so it's really hard for me to find a job.

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Interesting dilema.

Whenever you ask for an increase, the VA looks at everything..including your past ratings. How long have you been 70%? This makes a difference as there are certain protections at 5, 10, and 20 years. If you have been rated 20 years, then they cant reduce except for a finding of fraud.

Technically, if you look at the criteria for IU, there is nothing there that says anything about drug use, or, even selling drugs. If you are incarcerated, the VA has special rules for incarcerated Veterans. But, remember, the VA "goes their own way", and often does not pay any attention to their own regulations. The penalty for them doing just that is usually zero.

Here is a way you may be able to find out what your past employer will give as a "refernce", since many companies have strict policies as to what they will/ will not reveal when giving out a former employee data.

Many will not divulge the reason for termination. They give the dates employed, and maybe what department. The employer is subject to legal liability if they "bad mouth" a former employee.

More often than not, the employer does not give a reason for termination, or, even if you were terminated at all. Many companies do not keep records of "why" you were terminated, since that is subjective, and can be disputed.

However, in some cases the company documents the reasons for firing, such as if you did not show up for work for

3 days, and the company's policy is firing after 3 days no shows.

This is usually CYA in case they face a discrimintion lawsuit. You see, there is often financial incentive for the company to lay off a 60 year old and hire a 20 year old in his place. They dont have to pay retirement, and they can pay the new guy less. But they will likely have to document his reasons for firing or face a discrimination lawsuit. So, they "look" for reasons to fire him, and document them.

Here is how you could find out:

Apply for a job through a trusted friend, and ask him or her to call your old boss for "employment verification check".

Chances are good they wont say anything bad about you. If they dont then you could seek IU.

With all that said, I would check, as above, to see what kind of reference your old employer is giving, and then go for it, unless you have some "skeletons in the closet" regarding your PTSD. If you were honest with the doc, and continued treatment after your PTSD rating, then you have little to fear. If you quit treatment once you got rated, it will raise red flags.

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  • HadIt.com Elder

TDIU is for claimants who are individually unemployable (IU), not just unemployed, for a long time. I don't think you need to worry about the reason you lost your job but it certainly won't help you prove IU. You are certainly welcome to apply for TDIU. jmo

pr

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PR, as usual, is correct. The difference between "unemployed" and "unemployable", would appear to be if your doc says you are unemployable, since this would be a medical determination. Obviously, every one who is not working is not "unemployable".

If you check your medical records, you may be able to find out whether or not the doc says you are unemployable. If he says "ya", then go for it.

However, if he suggests you could find work if you looked for it, then the VA is unlikely to approve TDIU.

If your doc does not think you are unemployable, you are likely to have to have an IMO/IME stating the same to get TDIU.

NO EVIDENCE of unemployability = No TDIU

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I was rated 0 percent until my appealed was finished and received my 70 percent in March 2012 The retro pay me on the date I filed my claimed which was 2009. My psychiatrist letter helped a lot and I am still being treated by him and also seeing a therapist. I was also in the mental clinic,but not for long because I did not like staying in there, so their is no fraud. I truly have PTSD. I have a purple heart under my belt.

I can ask a former collegue of mine who has access to my reason being of termination. i worked as a civilian detective,so finding out would not be a problem. I just want to make sure it doesnott hinder my percentage. The incident happen before I received my rating; however I waited since 2009 for my appeal because the VA had to make new appointments for my exam.

I will go for the IU. I know my psychiatrist can write a letter for me being unfit to work.

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