Jump to content

  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims


    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 ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

  • 0
Sign in to follow this  

Employment discrimination based on Service Connection


I have suffered the ultimate slap in the face for my service to my country by my employer.  They are trying to use my military service connection as an excused that has absolute no bearing to my job performance and they are now trying to use an excuse that I lied when I had originally applied to the job, now 15 or so years later after the fact.  When I originally got hired, all of my application status, background, etc. was completed.  However, I got deployed and my hiring process had to be placed on hold until my return from active duty, upon my return I was immediately hired no questions asked.  I successfully passed all written exams, certifications, and performed the duties of my job according the policies and procedures.  At no time I felt the need to inform my employer to disclose my private HIPPA info to them because I was seeking guidance and treatment privately without the use of my funded health insurance from my employer.  I sought help from the VA because at that time I didn't know what was going on, it took a lot of work on my end to successfully attend counseling, mental health assistance, group meetings, etc. and at no time was I ever a threat to myself, my co workers or the public.  I kept all of VA health access private and none of my performance records or personnel file ever indicated that a "so called" service connection impaired my ability to do my job.  NO RECORDS!  

 To make the long story short I was let go of my job and now I find myself in a legal battle trying to get back to work.  However, this legal battle has been taking a long time and my employer has not paid me in nearly 2 years.  I have lost my marriage due to the financial hardship that my employer has put me through, along with my mother passing away recently and the unfortunate circumstance of being placed in a very extreme financial hardship.  I can't begin to explain what I have lost, thankfully my service connection monthly allowance has helped me survive, as well as working ride share for Uber/Lyft and selling just about everything that I own to get buy.  Needless to say that I have now come to a point that I have never envisioned, such as the possibility of seeking a financial relief by filing for bankruptcy.  This kills me for the fact that I have maintain almost a perfect credit  and I try to pay all of my bills on time, I can't afford to lose my house and the basic things that I need to get by.  

 So with this dilemma it leads to me seek some guidance, since my monthly allowance that I received from the VA not tax deductible, should I disclose that to the bankruptcy court?  I am getting a work related pension, but its not nearly enough since I didn't do the necessary 20 years to retire with benefits and a pension to survive, instead I am barely making $800 a month if that!  on the pension from my employer.  Along my earnings from ride share work, which is not a lot of money but at least, it gets me by. 

 I have not been able to obtain full time employment due to the current legal battle that I have going on and I have tried to contact so many agencies and politicians for assistance, unfortunately my call to help has not been answered.  I have tried to reach out Congressman, Senate, Local politicians, Federal and State agencies only to end up with absolutely no help.  My ultimate goals are to regain what I lost from my employer and hopefully come back to work and finish what I started.  But I need some financial help and the only option that I see at this moment is to file for bankruptcy.  My story is a very complicated and sensitive issue, which a post on a thread can't possibly explain everything but with that being said I don't wish this to happen not even to my worst enemy.  It's extremely depressing and sad that this is going on but it is now I have no other options.  

 So can I apply for bankruptcy given all the above and if so, how can I move forward?  Thanks to all in advance... 



Share this post

Link to post
Share on other sites

3 answers to this question

Recommended Posts

  • 0

I have been through what you are going through..its rough.

The good news is if you are SC and unable to work due to sc conditions (and I have no idea if that is the case), then you should be bumped to 100 percent or tdiu from the VA.  

This said, its better to work if you can.  Im not understanding your reasons for not working elsewhere, but that may be easier for me to suggest than for you to accomplish.  

Many of the rest of us have also had to "downsize" our finances, and its especially difficult with a spouse and kids who often dont want to downsize.  

As far as "not reporting" your VA income, my suggestion is to review the rules as to "what is income".  For example, the IRS "does not want" my VA compensation listed as income on my tax returns.  My accountant says it will confuse the IRS, and there is no place to "put" VA compensation on the IRS form.  

I guess the IRS does not consider VA compensation "income", but rather "compensation" for our loss of earning capactity due to service connected injuries.  

I never recommmend lying to a judge, or anyone else as far as "income".  But, if their rules do not specify "VA compensation" as income, then maybe its unnecessary to include it.  As far as I know, the VA does not make us have a tatto that says, "This Veteran is receiving xx percent disablilty compensation income".  

On the other hand, I have no problems getting banks to count VA compensation as income to buy a car, house, etc.  

Share this post

Link to post
Share on other sites
  • 0

You probably should talk to and consider hiring a bankruptcy attorney.  If you think you have problems now, believe me, you certainly don't want to do anything to get yourself in trouble with a bankruptcy judge.

As far as your company using disability as a pretext to let you go, you should consider contacting the Equal Employment Opportunity Commission, or a disability attorney.  What you're describing may very well be a violation of the Americans with Disabilities Act.  If so, you may end up being majority owner of said company.

I hope everything works out for you, don't let them shove you out over a disability, regardless of service connection.  Good luck.

  • Like 1

Share this post

Link to post
Share on other sites
  • 0

As was already stated, IU would be your correct route right now with the possibility of SSDI, you could also hit the VA up for Voc Rehab, they give you around 1k per month to attend school plus pay for anything you need.  As far as your house, if it is on a VA loan , they will most likely help you so as to not lose your home.  

You have several battles to fight at the same time, we have been there done that.  My question is, was this a government job?

Share this post

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 6 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:

      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis

      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.

      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 


      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.


      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

        • Like
    • Precedent Setting CAVC cases cited in the M21-1
      A couple months back before I received my decision I started preparing for the appeal I knew I would be filing.  That is how little faith I had in the VA caring about we the veteran. 

      One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing.  I could not understand for the life of me why so many obviously bad decisions were being handed down.  I think the bottom line is that the wrong type of people are hired as raters.  I think raters should have some kind of legal background.  They do not need to be lawyers but I think paralegals would be a good idea.

      There have been more than 3500 precedent setting decisions from the CAVC since 1989.  Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.

      The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

      It is important that we do our due diligence to make sure we do not get screwed.  I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve

      M21-1 Precedent setting decisions .docx
      • 5 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines