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I Need Some Math Help And Advice Quick


Folsoh557

Question

I am currently rated for 90% service connected disability total.

70% PTSD and depression

30 % Allergies

10% right knee

10% urticaria (hives)

10 % for hand tremors

0% for leg tremors

Is this math right 90% total?????

I have been working at my job for 17 plus years as a police officer and I have been in two shootings in my career the first sent me to VA for help and the second one was just a few weeks ago. Due to a drug test after my shooting, I tested positive for two VA prescribed medications (prozac and trazadone) used to treat my ptsd. I had to bring in a letter from my VA doctor showing that I had a legal prescription.

Once my employer learned I had ptsd they immediately sent me to a psychologist for what they called a fitness for duty examination which I apparently failed as have PTSD and Depression. My employer says I am no longer fit for duty.

They are trying to force me in quiting or perhaps a medical retirement. This will devastate my wife and kids and leave us homeless.

Some suggest I should try and get the VA to put me @ 100% because I am losing my job. When my sick leaves runs out in 3 months I will be terminated. I need some advice….. thanks.

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  • HadIt.com Elder

Get an attorney. The shootings are your biggest concerns. PTSD is a service connected disability and they are trying to railroad you. Make them retire you on a disability plan and at the same time file for an increase or Individual unemployability from VA. Do this tommorrow.

File for SSDI also.

Funny how VA math sucks doesn't it.

JBasser

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By the "VA Calculator" ????

Aggie54,

The official VA table has no fractional percentages in it (they round up or down to the nearest %). My computation puts it at 85%, compensable at the 90% rate.

Folsoh557,

I would start lining up a lawyer and some IMO's regarding the PTSD/depression rating.

I am going to admit my initial reaction to the idea of a person severley disabled by PTSD/Depression working as a police officer (on patrol) was shock/how in the hell? However, if your docs have cleared you to work, and as long as all parties involved are aware of the situation and you can do the job, more power to you!

The biggest problem I see is, if they put you off the job, even if the VA rates you TDIU, the amount of time for them to do that will in itself cause a problem. I also suspect the income differentiation of 90% rating in addition to current salary will not come close to a 100% VA rating.

Has your employer taken a posture on disability retirement?

Best regards,

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By all means review this information on the ADA (Americans with Disabilties Act) if you feel you might need it.

http://www.ada.gov/aids/ada_q&a_aids.htm

“The ADA prohibits discrimination by all private employers with 15 or more employees. In addition, the ADA prohibits all public entities, regardless of the size of their work force, from discriminating in employment against qualified individuals with disabilities. “

“The ADA prohibits employment discrimination against qualified individuals with disabilities. A “qualified individual” means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. “

An employer,covered by the ADA here in NY, discriminated against my husband due to a job recall after a brief layoff. They said he had created a hostile environment while employed there ,thus the reason they didn't recall him. His job performance appraisals however were all satisfactory. The employer knew he had PTSD from Vietnam.

I did all of the legal work involving the ADA charge .It involved a lot more then I could possibly write about here and his evidence was prime facie discrimination due to disability.

Lawyers weren't up to speed on the ADA when I filed the charge for him , the first one filed after ADA became law,here in NY, and discrimination lawyers could not advertise their specialties in those days (1992 or 1993) but these days it would be easier to find a lawyer instead of doing it yourself.

My husband won the first ADA EEOC case in NY state due to job discrimination due to his SC PTSD.

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I wanted to send a quick reply back to everyone who was kind enough to reply. So far I went to the DAV and filed to have my two conditions of sleep apnea and hypertension added as secondary claims to my service connected PTSD. I also re-opened a claim for my left shoulder that the VA doc denied because he was in a bad mood or something that day.

I have filed a workers compensation claim for my PTSD. I have yet to hear from them but I know my claim has been assigned a number and is on-going.

I hired an attorney who specializes in work comp/disability law. I have also learned that since I have 8 months of sick leave on the books plus vacation that my department can not start the FMLA 12 weeks to fill my position until all of my leave is exhausted.

I am also having a meeting with the insurance company who covers my department with a pension/disability insurance and my lawyer. I will have to file to be medically retired basically and will get 70% of my salary if all goes well.

I can’t believe that I have lost my job to PTSD after fighting so hard after all these years to pull out of this.

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