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!

 

[retiredat44]

I kept getting told no, they will not help me with tdiu, said I didn't qualify, this went on 20 years.. I filed 10 years ago, and they denied me, and still deny me, now they want a history of my last employer. That was in 1995. They no longer have that office, and I was a temp for that agency, because I was to sick for a regular job. The temp agency no longer uses offices and is mostly online, and so my POA just said write a statement that I was working for a temp agency that no longer has that office and is online, and that the company I did the work for was not my employer. The VA just kept demanding I give them info that is impossible. There is no office for that agency, and it was all the way back in 1995. This is not a question, just an example how they mess with people until you go insane.... they will pull every dirty trick they can at the va...  One more thing,,, My POA asked I get a doctor's note. Even though I have solid disabled past for three decades. My Doctor wrote that 'it is obvious I '(my name ) am unemployable', and 'the va will not give veterans TDIU unless they cannot walk, talk, and breathe', or something to that effect for me to give back to the VA. He is runs the va clinic I go to.

Edited October 20, 2020 by retiredat44

[cwatson]

First by you having your previous company to write that you were terminated or laid off was very good of them since they knew that you are a disabled veteran.

I agree that you should present a copy of the letter as it is even though adding why would help; such as because your back or pain in your back is interfering with your ability to perform the job as you are missing work. 

As indicated previously that you need to file for a TDIU and if you have not filed for SSDI then it would help to increase your income. and I 

I do not trust the VA because I was turned down for my back claim less than after discharge and I did not receive a dime until my third try in 2008. Get one of the VFW, DAV or others first before you waste your money on an attorney. This business here is better too. File for your claim now as the VA will schedule the exam or re-exam when they get ready whether you ask or not. Don't wait.

 

 

[harry59]

You brought up some good points.  Your reply is much appreciated!