Not qualified for promotion because of SC disabilities

[Carl the Engineer]

All,

I am still working on my next round of claims (for about a year now) an am slowly getting my ducks in a row.  I have been reading a lot of archieved decisions and see where they (the decision makers) will state that the veteran "works full time", etc.  Of my concern would be a veteran with SC'd plantar fasciitis and the amount of time they could be on there feet, and/or the like.

In this senerio (me) a cop who can not pass the physical test for promotion.  I am not required to pass a physical test to remain where I am at, however would have to run the 1.5 mile course for promotion.  I can not run, or not for very far because of my SC'd plantar fasciitis of the right foot, and now I wear an brace on my left ankle (my secondary I am working on) because of the right foot, which I get injections in.

And before anyone blasts me for being a cop that can't run, what I mean is I would have difficulty running a mile and a half.  But I have no problem chasing bad guys were I work.  Small department and I know were everyone lives that would get away from me.  So, we do get them, eventually.  I work nights, alone, and cover 100 square miles, backup is a half hour away.  So, I'm careful. 

In my past claims, I related my difficulties with/at work related to my VA disabilities and it has seemed to work.

I am not looking for UI, as I plan to continue working for another 5 years, just wondereing it you think this would add credence to my claim?

It's not that I can't work, its just that I can't excel at work.

Thanks,

Hamslice

 

[Chuck75]

It looks like what you are asking has to do with promotion, not the basic ability to work. In either case, Both the VA and SSA look at the ability to earn over a specific (to me piddly, given the current "average" in the governments own numbers) amount of pay as stumbling blocks in TDIU entitlement.  As to various handicapped related laws, I have little knowledge or experience. It would (to me) seem reasonable to limit jobs that require specific amounts of ability or effort. On the other hand, using such a limit as a general stop to promotion might actually violate law. You would likely have to consult with a lawyer well versed in state and federal law that covers this kind of thing.

 

[stinger]

6 hours ago, Hamslice said:

All,

I am still working on my next round of claims (for about a year now) an am slowly getting my ducks in a row.  I have been reading a lot of archieved decisions and see where they (the decision makers) will state that the veteran "works full time", etc.  Of my concern would be a veteran with SC'd plantar fasciitis and the amount of time they could be on there feet, and/or the like.

In this senerio (me) a cop who can not pass the physical test for promotion.  I am not required to pass a physical test to remain where I am at, however would have to run the 1.5 mile course for promotion.  I can not run, or not for very far because of my SC'd plantar fasciitis of the right foot, and now I wear an brace on my left ankle (my secondary I am working on) because of the right foot, which I get injections in.

And before anyone blasts me for being a cop that can't run, what I mean is I would have difficulty running a mile and a half.  But I have no problem chasing bad guys were I work.  Small department and I know were everyone lives that would get away from me.  So, we do get them, eventually.  I work nights, alone, and cover 100 square miles, backup is a half hour away.  So, I'm careful. 

In my past claims, I related my difficulties with/at work related to my VA disabilities and it has seemed to work.

I am not looking for UI, as I plan to continue working for another 5 years, just wondereing it you think this would add credence to my claim?

It's not that I can't work, its just that I can't excel at work.

Thanks,

Hamslice

 

Easy solution....find employment that you can handle, and get promoted...I did. Life does not say you can only be a police officer. It' called sedentary employment. 

Edited April 7, 2016 by stinger

[green]

There are many on the site that can probably better address your question but I'll share my thoughts.

I don't really see how the inability to be promoted based on a service connected disability would add value or weight to the rating for your condition.  Disability ratings are supposed to consider a condition's impact to employability but I don't believe it considers promotability.

I can see however that if your feet get worse you may qualify for a medical retirement from your current employer, certain retraining benefits through the State, and based on other disabilities may help with an eventual IU claim.

Edited April 7, 2016 by green

[Carl the Engineer]

Chuck75 and green,

Thanks, that is the imput I was looking for.  I have in the past put things in my claims as how what is ailing me hinders my abiltiy to do my job and I and not sure whether it helped or not, but when I did the claim was successful.  Just was looking to see if anyone experienced the same.

stinger,

Didn't say anywhere that I couldn't handle the job.  And I am not in any danger of loosing it.  Actually, I'm kind of a big deal around here, haha.  Just can't get ahead, etc.

Hamslice

 

[Carl the Engineer]

All, 

Here is an example of what I read in archived cases.  I have bold and underlined what I am talking about.  I see they look at how it impacts the veterans ability to work.  In this example, the veteran was not given an increase.  However, there are example were they are awarded an increase.  

I also realize, that these are from case that went past the initial claim phase.  My concern or question is, would a comment on work issues help in the initial claim or not and any examples.

Thanks, 

Hamslice  

"Furthermore, the veteran has not shown the functional loss 
due to pain or weakness that would be equivalent to a 
compensable evaluation for plantar fasciitis.  While the 
veteran has reported subjective complaints of painful feet, 
pain and tenderness were not confirmed on objective 
evaluation.  In addition, he has not presented such an 
exceptional or unusual disability picture that would obviate 
the use of the normal rating criteria.  The need for frequent 
hospitalization has not been demonstrated.  Finally, no 
marked interference with employment is shown to be the result 
of this service-connected disability.  Consequently there is 
no basis upon which to grant an extraschedular rating under 
38 C.F.R. § 3.321.  In view of the foregoing, I conclude that 
the preponderance of the evidence is against the claim for an 
increased rating for plantar fasciitis."

[Vync]

Hey Hamslice,
In my opinion, the VA would likely only be concerned if you do your current job without interference.