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  • 14 Questions about VA Disability Compensation Benefits Claims

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    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 ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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

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    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

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Folsoh557

I Need Some Math Help And Advice Quick

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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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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How about a transfer to a desk job or something

different than you are doing now, but still within the department ?

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By the VA calculator you are at 84.691% which they should only be paying you for 80% because they round to the closest 10th.

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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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