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

    • Yes 

      After a PTSD/Unspecific MDD Diagnose From the VA Dr's

      The gold standard for diagnosing PTSD is a structured clinical interview such as the Clinician-Administered PTSD Scale (CAPS-5). When necessary, the PCL-5 can be scored to provide a provisional PTSD DSM 5 diagnosis.

      Any clinical clinician such as MD ,Psychiatrist even a L.C.S.W. (Certified)can perform the Diagnostics Evaluation Employed by the the VA

      ...They just need to figure out your symptoms and put together a list of your symptom's that you possess or show from the evaluation...I am not 100% Sure just how they do this ?

      being I am not a Dr or clinical clinician 

      Once a Diagnoses of PTSD is given they try to set you up with a Therapist to help with your New dx And how to adjust or cope with the Anxiety and Depression the PTSD can cause.

        you learn the tools to cope with and depending how severe your symptoms are ? 

       They test /screen you with phychoeducational type therapy treatment usually at first.

       Warning  some of this therapy can be very rough on a Veteran  from holding on to guilt  from the trauma its self or you maybe in a  ''stuck point''from memories and guilt or from the stressor's or anything that reminds you of the trauma you endured.

      The therapy works  even if we think it don't,  I recommend Therapy for all PTSD Veterans  it could very well save your life once the correct therapy is in place and the Veteran makes all his Clinical Appointments.

      I still have Combat PTSD it probably will never be cured completely but we can learn the tools it takes to cope with this horrible diseases 

      even learning breathing techniques  Helps tremendously during a panic attact.

      I have guilt from the war in Vietnam  ( I ask my self what could I have done to make a better outcome/difference?..and also I am in what the therapist calls stuck points. working on that at present once a week for 90 minutes.  I am very fortunate to have the help the VA gives me and I am lucky I have not turned to alcohol or drugs to mask my problem.

      But I have put my family through a living hell with my angers of burst.and they all stood by me the whole time years and years of my family life was disrupted because of me and my children &spouse  never deserved it one bit.

      That's all I want to say about that.

      At least I am still around. and plan to be tell my old age dying day.
    • No timeframe gotta love that answer it’s even better when you ask 1800 people or call the board directly they’ll say you’ll know sooner then later. I had mine advanced and it was about 2 months later until I had the decision in my hand which seems forever but in the present system in 2016 lightning fast...
        • Thanks
    • I am serviced connected for ankylosing spondylitis back in 1985. I had a C&P exam on 7-7-19 since I am asking for an increase in my cervical, thoracic, and lumbosacral ratings. After speaking with the DAV to find out progress and info on my exam, the Rep. noted sort of what I expected. Radiculopathy was noted and ROM was 0-15 for cervical, and 0-25 for back. I am currently rated as Cervical 30%, Thoracic 10%, and Lumbosacral 40%. The main question that I have is relating to the thoracic 10% and lumbosacral 40%. I am confused on these two. Is Lumbosacral separate from the thoracic/others ? Since my back ROM is at 0-25, does this mean that my thoracic might increase from the 10% to a higher rating ? I am confused how they break down my ratings from cervical at 30%, Thoracic at 10%, and Lumbosacral at 40%. Also, with the radiculopathy, is this something that they will rate also ? I am currently at 90% total combined for all my disabilities. I hope this helps for someone to give me advice/answers.
      • 4 replies
    • Thank you @GeekySquid for your reply. 


      I have redacted personal information for my documents listed below. 

      I look forward to your reply. 

      HEADACHE STR 2006 copy_Redacted.pdf


      Pages from Original Denial-Grant Reasons_Redacted.pdf
    • Hello Defenders of freedom!

      I have a question pertaining to this denial for headaches. The decision letter is quoted below. 


      3. Service connection for headaches.

      "We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

      Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

      We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."

      From my understanding these 3 points must be overturned to successfully win a CUE case:

       (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 

      (2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination

      and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  

      @Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error? 
      • 14 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines