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100% Iu Not The Typical Question Though

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JDUB10

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Hi All,

A little bit about myself so you know.. I was in the Marine Corps for 4 years with 2/6 on MCB Camp Lejeune from 05'-09' and served in OIF Fallujah City, Iraq to be exact. I got out and was a Federal Police Officer for almost 3 years which proved to not turn out well due to my anger and memory issues. Although I wasn’t fired from that job and left on my own terms I eventually would have been at the rate I was going (6 write ups to the head shed in less than 2 years). So, I left that job and now am in a Logistics job I got through a VRA appointment and am having troubles at this job due to my service connected disabilities. So, basically I have been struggling with the work environment. I have to constantly go to scheduled VA appointments because
of my PTSD and TBI issues which is burning through my leave and I am almost on LWOP but my supervisor said I could get on the donor list because of my situation. Anyways I am in the process of being Re-eval'ed to increase the PTSD, Migraine headaches, Anxiety Disorder and finally to add TBI which I was diagnosed with last year. My question is when I go to the VSO and we start the process FEB 22nd and I ask for the things mentioned above I want to ask for IU because of everything I have been dealing with which my MD already knows is driving me insane. So, since I work for he Fed Govt still IF I get approved for 100% IU (which I think I have a pretty good case for from what all my Doc's tell me) what would happen at my current position being a fed Govt employee? Would I get medically retired from this position because it's all from service connected issues (which I did buy my USMC time back already) or would they have to appeal my original discharge from the Corps to read medically retired? I know that changing your DD214 from voluntary sep to medically retired is possible but how does all of this work. HELP! Thanks guys.



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  • HadIt.com Elder

As long as it is not for a Mental disorder or PTSD you can work at will and get 100 percent. If you are working you will not qualify for IU.

J

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Hi All,

A little bit about myself so you know.. I was in the Marine Corps for 4 years with 2/6 on MCB Camp Lejeune from 05'-09' and served in OIF Fallujah City, Iraq to be exact. I got out and was a Federal Police Officer for almost 3 years which proved to not turn out well due to my anger and memory issues. Although I wasn’t fired from that job and left on my own terms I eventually would have been at the rate I was going (6 write ups to the head shed in less than 2 years). So, I left that job and now am in a Logistics job I got through a VRA appointment and am having troubles at this job due to my service connected disabilities. So, basically I have been struggling with the work environment. I have to constantly go to scheduled VA appointments because

of my PTSD and TBI issues which is burning through my leave and I am almost on LWOP but my supervisor said I could get on the donor list because of my situation. Anyways I am in the process of being Re-eval'ed to increase the PTSD, Migraine headaches, Anxiety Disorder and finally to add TBI which I was diagnosed with last year. My question is when I go to the VSO and we start the process FEB 22nd and I ask for the things mentioned above I want to ask for IU because of everything I have been dealing with which my MD already knows is driving me insane. So, since I work for he Fed Govt still IF I get approved for 100% IU (which I think I have a pretty good case for from what all my Doc's tell me) what would happen at my current position being a fed Govt employee? Would I get medically retired from this position because it's all from service connected issues (which I did buy my USMC time back already) or would they have to appeal my original discharge from the Corps to read medically retired? I know that changing your DD214 from voluntary sep to medically retired is possible but how does all of this work. HELP! Thanks guys.

If you have medically issues that prevent you from doing your job, you can request medical retirement civil service is very liberal when it comes to medical retirement. Now civil service is also required to look for another job for you ( if you still want to work) that you can do.

Keep in mind it is very unlikely that you would be awarded TDIU while you are working.

When I was faced with this issue, I was medically retired from civil service before I requested TDIU. If you medically retire ( due to service connected disability) from civil service first ,there is no doubt in my mid you would get TDIU.

You military service discharge would not change.... however if you did receive a medical discharge from the military and you received 20% or less you are entitled to a relook and possible medical retirement. However one has nothing to do with the other.

I speak from experience. I am medically retired from the army, bought into the civil service retirement system with over 15 years service and then medically retired a second time. Since I had less than 20 years and was an NCO the rules for double dipping do not apply. And I might add My retirement from civil service is really good, and I also still get my army retirement as Combat related special compensation on top of 100% from VA with A&A , and social security disability.

More info here : http://www.health.mil/About_MHS/Organizations/MHS_Offices_and_Programs/PDBR.aspx

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  • HadIt.com Elder

I retired on disability from the post office after 15 years. I got OPM, SSD and then TDIU in that order. It took about 18 months after I was out of work to get TDIU. I had to fight for it even though I was on SSD and 70%.

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  • HadIt.com Elder
As long as it is not for a Mental disorder or PTSD you can work at will and get 100 percent. If you are working you will not qualify for IU.

J

J - no offense but, just to clarify, you can get TDIU and still be working but you need to be earning less than marginal employment wages or be in what would be considered a sheltered workshop or family business.

I wanted to add, also, that I was able to get a claimant TDIU, effective back to the date he medically retired, because he'd lost a great deal of time, over the previous two yrs, due to his PTSD. The claim was ongoing to before he medically retired. Just sayin' . . .

pr

Edited by Philip Rogers
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  • HadIt.com Elder
J - no offense but, just to clarify, you can get TDIU and still be working but you need to be earning less than marginal employment wages or be in what would be considered a sheltered workshop or family business.

I wanted to add, also, that I was able to get a claimant TDIU, effective back to the date he medically retired, because he'd lost a great deal of time, over the previous two yrs, due to his PTSD. The claim was ongoing to before he medically retired. Just sayin' . . .

pr

True Flip. I thought about that but this poster is a federal employee so I was thinking he made over the threshold.

J

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