ptsd Disability Discrimination At My Job

[martin]

hi folks, well its martin. i have written a couple of posts titled "back from Iraq, and cant work" well, its coming to a head now.i am still waiting for a response from the V.A. in Houston about my compensation. nothing yet. my file has been at the rating board since Dec 8th, 2006. i was sent home again from my job a s a police officer in january 2007, after i got a release from my doctor to go back to work. well, the ptsd subject came back up again, and this time i was sent home without my badge and i.d. and went back to square one, and was told i couldnt return until i get a release from my doctor. apparently the one i had 6 weeks prior must have expired because here i am sitting at home (again) unable to get a release bceause my job made it impossible as they conveniently changed the S.O.P. for my job discription. i didnt do anything wrong, i have never been disciplined, or even had a complaint in 23 years of being a police officer. i'm pretty easy going,BUT! i think enough is enough. i'm 2 1/2 years short of my pension, and i've been kicked to the curb, with no regards that i have a wife and 4 kids to support. not being able to provide a living, i am seeking an attorney to file a law suit as i feel my rights under the disabilities act are being violated. it got out somehow to the Houston Chronicle,(by one of my allies at the P.D.) and i was contacted for an interview for tomorrow. i consented to one. i was told that this is notgoing to go over well with the public,(no matter of their thought on the war) and will be given alot of publicity. all i did was serve my country the best to my abilities, now i'm being penalized for it. i'll see how it turns out. i am also supposed to have two V.A. reps here with me as well during the interview. i guess i have to be an ass and sue. has anyone else gone through this themselves, and if so, what was the outcome? i posted a very old picture of myself going through USMC infantry training school in the 70's.(after vietnam) i wonder if i looked as stressed now as i did back then?..thats it for now...martin

[Berta]

That was the scuttlebutt all over the VAMC -that she was canned-

I dont care what happened to her-

The VA however did NOT can any of the doctors who malpracticed on my husband.

They just sent them to different VAMCS.

One got into trouble however- and did not work at VA for many years-

but that was because of credentials or something-she had to go back to doctor school.

[sfsd104]

thanks everyone for the relpies. first and foremost, i'm no hero. ( i was fortunate, i guess to be very well treated by the us.army for my actions in Iraq awards wise) PHM,BSM, CIB, etc i didnt do anything anyone else in my position wouldnt have done "to stay alive". i did my job in Iraq as a senior NCO to the best of my abilities, and thank god i didnt get any americans killed from my decisions. i have no less than 65 combat missions i took my Iraqi company out on, and yes we lost some Iraqi soldiers in Mosul and Tal'afar. this weighs heavy on my mind some times, as i was in charge of their well being. i was witness to american "kids" being KIA. (i'm 44, and these guys were old enough to be my kids)anyone who has been in combat understands how this haunts a person, especially when you see the people you were acquaited with, or you knew to be killed in a violent way. all combat deaths are violent.some guys call for the moms when their hit really bad.. you dont worry or think about it then,(it's survival) but when you get home, it haunts you... you broke bread with these guys,and talked about their inspirations, and future goals. the next thing you know their gone in a blink of an eye. i suppose its the same for all war vets from ww1 to present. the human mind is like a computer. it reminds you all the time of your past. as being a human being, theres only so much someone can take before they break.( i wasnt as strong mentally as i thought i was).. excuse my language, but these "shitbirds" at my precinct, have NO CLUE as to what going ,AND returning from war is like... they think i'm crazy i guess...i'm not, i'm a human being like everyone on this forum is. sure i'm on meds, but atleast i knew i had a problem, and i sought out help. i wasnt at home eating doughniuts and drinking coffee. these supervisors at my pct thinks i was having fun in the sun. i was outside the wire all the time, and i volunteered for every mission that came down to my advisor team. i suppose as a man, you want to make sure your not a coward. thank god, i passed the test.. i wasnt at the time afraid to die, ofcorse i was concerned if i would be killed, yet there was nothing you could do except " suck it up" what happens, happens.(fellow vets! does that sound familiar, eventhough were from different wars?)..its in GODS hands. thanks for the support, AND GOD BLESS THE VIETNAM VETERANS WHO WERE NEVER GIVEN THEIR PROPER RESPECT, AND HOME COMINGS THAT WERE WELL DESERVED BT THE AMERICAN PUBLIC. ( you may hate the war, but love the warrior) i believe thats an exerpt from the movie "we once were soldiers".. i'll keep in touch... martin spears...(no relationship to that crazy 'thing'.. BRITTANY SPEARS.)..LOL...HOOAHH!!

[martin]

thanks for the replies. alot of those suggestions, i have already taken into account. i am supposed to get a call today from some person from human resources. it seems that their bending over backwards to find me another position. maybe because they realize their screwed in a sort of way. it just makes no sense to me that i have to take a 10.00 hr paycut. OH YEAH! the reason i was going to have the two V.A.reps with is because they are my next door neighbors. they really got the ball rolling for me and told me what i needed to do, or go. their the ones that realized,(including my wife) that i wasnt right in the head anymore, and drug me to the V.A. one of the reps is retired regular army, and wanted to let veterans out there know they have rights that they may be unaware of, and to seek out help from the V.A. if they are vets...thanks..martin

[martin]

well folks, you aint gonna belive this..but here it goes. i got up bright and early friday, well enough tome to drive to the other side of Houston, so i wouldnt be late for my 'job' interview. i mentioned that iw ould take a 10.00 hr paycut so i could atleast finish out my retirement.(2 more years). everything waqs going fine, filled out all necessary paperwork, even did a drug screen. when i got back to the Human resources office, i was told'got some bad news for you'.i was told i was not hireable or even to do an inter county transfer, as i was on long term disability, and needed a dr's release. i said ' for crying out loud' if i could get a Dr's release, i wouldnt be here now trying to get an office job. i would stay where i was at making 25.00 an hr VS the 15.00 hr. i cant win for losing.(idots). well, my next thing to do is to see if i can apply for a disblitiy retirement through the county, as it obviously appears that my hands are tied. i'm not qualified in their eyes to do anything. maybe the Dr's know more than i do. i have PTSD, panic attacks with agoraphobia. (thats why i left real early, incase i had to stop, and pull over to collect my composure). in lieu of this informmation, would this fall under the definition as 'unemployable' for V.A. purposes? been going through this crap since August 2006, and doesnt seem to let up. They said they were sorry...yeah..OK. now i feel the only mistake i may have made, was getting help, and on medication. i guess if you try to help yourself get better, your screwed, so the best thing to do in the future is to keep your mouth shut, but then again that makes one a liability. well hell!! just getting confused..ya'll hang loose...martin

[Pete53]

As bad as it seems maybe its better that you have proof and are able to collect disability and retire early.

I retired the same way in 1996 and it was the best thing that has happened to me with many of the same symptoms that you have.

Good Luck

[Berta]

Martin if you can back up the job problems and the PTSD with a medical statement to the affect that your service connected disability renders you unemployable-that is the evidence that VA needs to award TDIU.

I am getting confused here- do you have a medical diagnosis of PTSD and current treatment records (to include medications)from a shrink- and is it due to your service- based on combat awards or the PH on your DD 214 or by a proven stressor?

If so, it will take medical evidence ( a statement from a medical doctor) that shows your SC disability has rendered you unemployable -for VA purposes.

I felt you had a chance at an ADA case- however- ADA EEOC requires that a disability must be fully established and documented first before filing a ADA EEOC case.

It doesnt need to be a service disability but just a documented medical disability-for ADA EEOC.

Service disabilties come under different laws than regular ADA ones.

A vet should consider ADA EEOC if applicable instead of the other so called anti -vet discrimination programs if they can prove their employer knew they were disabled by service and used that against them in hiring, retention,lay off or any other facet of employment.