Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

Repercussion From Employeers For Mdd/anxiety Issue


Recommended Posts

Hello all,

I have a question regarding reprisals from employers when issues arise MDD/Anxiety. First I'll try to give as much background info as I can. I have been monitoring this site for a few months now trying to figure out if I had any avenues for help with my compensation claim, but that's only the back burner for now because I have far worse concerns.

Background

I was what's known as a JTAC or joint terminal attack controller in the Air Force. For those of you that don't know this is one of few AFSC's the AF considers battlefield related as the primary mission involves directing Close air Support onto enemy targets while under fire or any of many austere conditions. I was in from 2001-2011 and deployed 5 times 3 of which was directly involved in combat. After returning from my last (APR 2010) deployment I consistently felt like I was under a great deal of stress and I started to fear social situations eventually I became with drawn from day to day life and started drinking very heavily. My wife left me because we were constantly fighting and she felt like I didn't care about her any longer. (SEP) At the time I was stationed overseas and she returned stateside. I was diagnosed by a physician on base with general anxiety disorder and my condition worsened. I tried to reconnect with my wife while she was stateside because we had a child on the way due in oct so I took leave shortly after she was born in hopes of rebuilding our relationship but was unsuccessful and when I returned from leave was in a very dark lonely place and continued drinking heavily.

A few months Around xmas time I was out with some teammates that had just returned from deployment and walked outside a bar and was badly beaten by a group of 15 plus African American soldiers- the MP's believed it was military gang related but as a result my shoulder was severely dislocated and I was bleeding from my ears. I had to be taken to a German ER and was put under amnesia so it could be reset. I reported the incident to my command and was never offered any physical therapy or treatment and just told to leave it in a sling which after a month I took off because I was sick of wearing it.

During the same month I tried to commit suicide I don't remember the exact date but it was close to xmas. I attempted to OD on narcotics I obtained illegally and had told my mom over FB I loved etc etc. She took steps to notify my command and my house was broken into the substances seized and I was admitted to a German hospital for treatment they. I was only there a short period and returned to work only to be admitted to the ARMY substance abuse program and given a A15/rank reduction. I found out shortly after I was being force separated. Since I had separated with my wife I had been attending relationship counseling on my own in hopes I could fix the issues that led to the separation. I continued to drink and ended up getting a DUI and another A15 but at this point it didn't matter anyway because the separation had already been processed. I was separated jun 11 with general under honorable conditions

Once I got out things were very very difficult for me I was incredibly broke couldn't find a job. I was fortunate enough to have my GI bill and started going to college working three jobs to try and pay child support and take care of myself. In Nov 2012 I reached rock bottom there wasn't a day that had gone by were I felt I had any worth wasn't depressed or felt as though anyone cared about me. I was dating someone but we were always fighting, I was never violent and am a pacifist when it comes to emotional conflict the person I was dating and I got in an argument and she knew something was up I stepped out and told her to leave so she told me if I would give her a min to get her things she would go. She left I came back inside went to my bedroom grabbed my 45 put it to my head and pulled the trigger....turns out she had taken every single bullet out of both clips and even the extra I kept in the dresser drawer. Also turns out she called 911 and about 6 cop cars had my house surrounded with swat officers brandishing MP-5s drawn down on me. I was taken to the hospital and admitted again for suicide but released after 24 hours.

I started seeing a VA doc because I found out there was free health care for combat vets, he diagnosed me with MDD and started we went through a gambit of anti depressants and finally decided on a good one. My primary care doc at the VA also suggest I file a claim for the shoulder that was injured due to the limited mobility. I did and was awarded a 20 percent rating in a matter of months. A year later this rating was taken away from me because a clear and mistakable error rating was made in the decision process.

I am no faker and at times I'm very ashamed and scared to admit my emotional instability issues to people but finally in Jan 13 my buddies encouraged me to try and get some money from the VA to help my financial burden. I had gotten a job SEP 12 in new mexico as a contractor so I went to the VSO and filed a claim for PTSD/MDD, tinnitus, hearing loss, Shoulder injury (again), bilateral knee. I went to all the stupid appointments they made me, never made one for my knees.

I waited a year and finally heard back dec14 with a full denial across the board claiming no service connection for the MDD/PTSD. I looked through my military stuff and I have two accommodations medals with VALOR for conduction

airstrikes while taking enemy fire and saving lives of fellow soldiers...so I pretty much said screw getting money from them its infuriating because a family friend is 100 percent for bunions and shin splints never saw a combat zone in his life.

In October 14 I got a job working for the Navy in California as a contractor. I've been doing an excellent job and no one would even know I had any mental health disabilities if I hadn't told them. I actually just recently got a stellar performance review and a raise. Even though I've been doing good I've been under a lot of stress I was dating someone that was living with me and having an affair the whole time came home for work a few months ago and found all my utilities shut off, went to use my debit card and it was declined turns out she wire transferred the balances of both my checking accounts and moved out of state to who the hell knows where. At work I essentially have 4 bosses 3 government leads and a contractor lead who likes to say she cares about my wellbeing but I can recognize subversion when I see it. Everyday I have been getting reprimanded because one boss will task me with something and another will come to me the following day telling me the person that tasked me told them I was supposed to be working on something else. It seems trivial but there are tons of politics and I'm never left alone to do my job with out someone chastising me.

Monday In a moment of anger sent out a text saying I quit to three of my bosses. At the end of the day immediately felt to feel anxious and regretted it considering I was living paycheck to paycheck even though I'm making good money still trying to play catch up. I had extreme anxiety Tuesday night and didn't go to sleep, wed I had a panic attack and started to feel extremely depressed and suicidal. I talked to my best friend and told him I should check into a hospital but they are going to stick me in a psych ward and I'll be even worse off.

I didn't go to work wed but text my contracting lead that night indicating I had a mental health emergency, she sent me a text back telling me I was considered AWOL. I've been at work the both Thursday and today afraid and worried about how I'm going to pay to support my child and keep a roof over my head. I have a couple coworkers I trust who told me I have to put something in writing to resign anyway so just not to do it and if they really want me out to let them fire me. My head government lead called me this morning and wants to meet Monday and smooth things out if I want to stay however my contractor lead wants me to file the written two week notice today before I leave.

I totally realize I got myself in this predicament but I'm sitting here almost in tears because I have no friends family or anyone here locally and don't know anyone that can help me legally period. So my questions are twofold. I know that if I stay even if my Gov boss wants me to my contractor lead is going to make my life a living hell to get me to quit either that or they will try and fire me over not showing up the other day. I know its a lengthy story but if I expect anyone to help I know how important the details are if I want real answers.

1.) Even though I'm not getting any VA comp for my MDD and anxiety is there any protection for me if they try and fire me or treat me poorly. On top of that I'm very ashamed because now everyone here knows I have a condition and I can already tell they look at me different.

2.) As far as the claim is concerned what should I try and do. I've contacted a VSO and met with them and they basically told me I need to prove its service connected ....which it says right on the denial. Where do I even start with this? I figured the rewards I received or the Job I did would be enough, as much as I'd like compensation I'd more for them to admit that I have the problems I do because of the events I experienced

again thanks for any advice.

Link to comment
Share on other sites

  • Replies 5
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

"I started seeing a VA doc because I found out there was free health care for combat vets, he diagnosed me with MDD and started we went through a gambit of anti depressants and finally decided on a good one. My primary care doc at the VA also suggest I file a claim for the shoulder that was injured due to the limited mobility. I did and was awarded a 20 percent rating in a matter of months. A year later this rating was taken away from me because a clear and mistakable error rating was made in the decision process."

Can you scan and attach here a copy of that decision?

Cover C file #, name, address prior to scanning it.

"1.) Even though I'm not getting any VA comp for my MDD and anxiety is there any protection for me if they try and fire me or treat me poorly. On top of that I'm very ashamed because now everyone here knows I have a condition and I can already tell they look at me different."

I did the case work for my husband to win the first ADA EEOC discrimination case here in NY.

A major well known federal contractor , here in NY. had discriminated against him in a re hire matter.

Although the company had touted their hiring of disabled vets, they had only hired 3 in a ten year period and by time of the EEOC case, they had no disabled vets working for them at all.

You might have some protection under the EEOC laws ....because it sounds to me like this is a federal contractor or sub contractor, who must abide by the ADA EEOC laws regarding disabled workers. ( I can post those laws here but need more info first)



.".2.) As far as the claim is concerned what should I try and do. I've contacted a VSO and met with them and they basically told me I need to prove its service connected ....which it says right on the denial. Where do I even start with this? I figured the rewards I received or the Job I did would be enough, as much as I'd like compensation I'd more for them to admit that I have the problems I do because of the events I experienced"


Can you also scan and attach here ( cover private identifying stuff first) their Reasons and Bases as well as the Evidence list they used to deny the MDD claim.?.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Berta,

I think All my claim decision paperwork is in a folder at work with is almost 100 miles away and I won't get it until tomorrow afternoon. I was able to get on e-benefits and Download my benefits Bluebutton history. Yes I know there is Personal info in there but at this point I simply don't care who has is it because things are so hopeless anyway. If you give me your email I'll happily send it to you. Thank you so much.

-Nate

Link to comment
Share on other sites

Have you considered filing for PTSD instead of MDD? It was very hard for me to pick a single stressor, or two, but as long as it meets their criteria that is all they are looking for. You have the presumptive for it and MDD is a major portion of PTSD for me. In reality, I think you just took one of the hardest steps towards 'getting better' by putting it out there; it shows you have recognized the issues and may be in a place to institute some changes in your life and try and move forward. Get out of the cycle you are in. I am completely ignorant of how the pension side of the house works vs compensation, but maybe someone with more knowledge can comment on whether it is a feasible option for you. Read thru the posts in the PTSD section and I think you may find some motivation there, we all deal with things differently, but I have found many of us deal with the same issues and that made it easier for me to deal with. You can always PM me thru here if you just need a sounding board or someone dealing with similar issues just to 'unload to'. I have exposed myself thru this site and it is still hard. Anyone from my former military community that ever reads my will be able to ID me and that bothers me somewhat, but oh well. It's time to move on, brother, and start living again.

Link to comment
Share on other sites

VR4SPD, first slow down.

We make mistakes when we are overly emotional.

Next, to achieve service connection. Are there any diagnosis or similar complaints to MDD/Anxiety in your military records?

The next step is to have a current diagnosis by a mental health professional (including residuals).

A VA mental health physician would be the best avenue.

Third, would be a nexus statement tying the service mental health issues to your current mental health status.

It takes a little work, but you can be successful in getting the issue(s) service connected.

Remember: verifiable medical documentation is indisputable.

As for the job, and I quantify I'm not a lawyer; however you might have a EEOC case.

I would call because being a veteran and having a diagnosed mental health problem might be a protected class.

The law provides protections to individuals with disabilities.

I wish you luck.

NEVER GIVE UP

Link to comment
Share on other sites

Thanks for the advice guys. I always handle my own problems but I'm at a loss at the moment.

1.) I was diagnosed with Anxiety in the service the last year or two however the claims panels determined it was unlikely related.

2.) I had my username changed to protect my privacy and it wont let me retrieve a new password so I had to create a new account

3.) I created a photobucket account with all the documents you guys requested let me know if the link doesnt work.

<iframe width="480" height="360" src="http://s296.photobucket.com/user/allen1355/embed/slideshow/"></iframe>

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use