Letter from Former Employer?

[harry59]

Good day to all.  A little background before I get to my questions...  I am a 70% disabled veteran and was recently let go from my job as a service technician.  Admittedly, the job was hard on me because of my main disability (back condition). The owner of the company gave me a letter that stated I was "laid off" on a permanent basis.  Essentially, I was fired. I was "laid off" the day after I came back from a week off for recuperating after aggravating my back condition on the job.  I did have a doctor's note and the owner was already aware that I was a disabled vet.  During my meeting with the owner I told him that I knew he was letting me go because of my disability issues.  He said nothing.  I have a good rapport with the office manager.  She said she would add something to my "layoff" letter or possibly write a letter for me that I can have for VA purposes.  

Now, on to my questions:

I'm unsure as to how I should phrase the letter.  Should I just have the office manager put a sentence in my original layoff letter that states "Unfortunately, due to the nature of this position, no reasonable accommodations can be made" or "Unfortunately, due to the nature of this position and your physical limitations, no reasonable accommodations can be made?"  Or should I ask if she would type an entirely new letter for me?  If so, what should I have her write?  Would this letter hold any weight on my behalf when I go for a re-eval?

This leads up to my second question.  The 20-year anniversary is coming up on my rating. Which means, if I'm not mistaken, that the VA cannot decrease my rating unless they can prove fraud.  Is that correct?  I'm waiting for that anniversary because frankly, I do not trust the VA. If I go before that time there's always that small chance that they could find a way to decrease my rating. And I just cannot risk that.  If my rating falls below 50% not only would I lose 20% of my VA income, but also my retirement concurrent receipt. That would be a devastating blow, and that's the main reason I'm waiting for the 20-year mark.  Should I have an organization like the American Legion or DAV work on my behalf? Or should I look at getting a disability attorney?  Not sure which is better.  I do know that a caring and knowledgeable representative is hard to find.  I do see VA disability attorneys often on YouTube but I'm not sure which one to go with. Any suggestions would be very helpful.  

Thank you for taking the time to read my post.  All replies are very much appreciated!

 

[Buck52]

harry59 quoted

''I do see VA disability attorneys often on YouTube but I'm not sure which one to go with. Any suggestions would be very helpful. '' 

Here are a few attorneys that are good at what they do helping with Veterans claims

1. Chris Attig (attorney)  law blog)

2.Hil &Ponton Attorney's

3.CCK Law Attorney's

4.Ken Carpenter. Veteran Attorney

5.Accredited VA Claims Agents are good to use  Alex Graham and he  Also is  a  Hadit elder member. (also known as ''Asknod) Asknod blogger

6.John Dorle Accredited VA Claims Agent regular guest on the hadit podcast radio shows

Just simply Google them and it will bring up the information you need.

 

[Tbird]

i've used bergmann and moore and had a good experience and outcome. http://vetlawyers.com

 

 

[broncovet]

I second all those lawyer endorsements.  I used Chris Attig personally.  We won a remand and my cost was zero.  

Upon remand, I took his advice and got an IMO from voc rehab specialist, and won benefits back to 2002.  

ALL of the others have a good reputation..especially the best of the Best, Ken Carpenter (Carpenter Chartered).  

Ken has represented hundreds of Veterans at the CAVC, and won millions and millions for clients (Vets).  He has also 

won precedential cases which continue to help Vets to this day.  On the downside Mr. Carpenter did not allow me to send

evidence via email, so I had to snail mail it to him.  It took extra time, and, when he finally called to inform me he would represent me

I had already hired another lawyer.  

You should do ok from this list:

https://www.vetadvocates.org/cpages/sustaining-members-directory

All of the above names are on this list, too, along with contact information.  

My advice is to contact more than one.  Its not a bit unusual for a Veteran to be declined representation by one or more attorneys, then 

eventually get representation from another and even win.  

[harry59]

Thank you both for the great references.  Now if I can only muster up the nerve to apply for an increase before my 20 year mark... 

[63Charlie]

I recommend that you obtain a vocational evaluation from a doctor qualified in legal medicine.

Watch Dr. John Ellis'(Ellis Clinic) presentation on Youtube.

After getting his IME, file for the increase.

Keep your award money in your own pocket.

If your claim for increase is denied, THEN hire an attorney.

 

Edited October 11, 2020 by 63Charlie

[harry59]

Sounds like great advice. Thank you