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Loss of Job due to Service Connected Condition

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Coffee123

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I am about to lose my job due to a service connected shoulder condition. 

 

I am currently 90%. Are there any additional benefits, such as a temporary 100% until I find another job? 

 

To add context, I am a national guard dual status technician who is being medically released becuase of this service connected condition. I will then lose my full time office job. I plan to find another job in the very near future. 

Edited by Coffee123
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You could file for IU, if you have the medical/work documentation to support that your shoulder is the cause, though you would also likely want a doctor's opinion on the general state of your condition within the context of occupational fitness. 

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I lost my job due to my service connected injuries. I was in the middle of a separate BVA hearing when I told the judge I hadn't been working for three months. She basically stopped the proceedings and asked me why I hadn't been working. I told her because my bones and back hurt so bad I couldn't carry the gear anymore. She asked me several more questions, and then three months went by and the court awarded me 90% P&T. Not only did the court grant my request, but granted an "inferred" claim.

I'm saying all that to say, you need to let the VA know that you've lost your job due to your service connected injuries. I don't know the process to file such a claim as I didn't have to go through it, but others can chime in on this and let you know what you need to do. If you have a VSO, get the VSO involved ASAP!

EDIT: @brokensoldier244th reminded me, it was IU the BVA judge put me in for, not P&T. Although the P&T came shortly after being granted 90% with IU.

Semper Fi,

Sgt. Wilky

Edited by Sgt. Wilky
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2 hours ago, Coffee123 said:

I am about to lose my job due to a service connected shoulder condition. 

I am currently 90%. Are there any additional benefits, such as a temporary 100% until I find another job? 

To add context, I am a national guard dual status technician who is being medically released becuase of this service connected condition. I will then lose my full time office job. I plan to find another job in the very near future. 

Not really, you can file for IU/TDIU but keep in mind that IU/TDIU is for veterans that can’t work due to their service-connected disabilities and not for veterans seeking a temporary rating until he/she can find a new job. If you file a claim for IU/TDIU and tell the VA that you are trying to get a temporary rating until you can find a new job, then this claim will most likely be denied. 

The issue here is not that you need to find a new job, but can you actually keep another job until your normal retirement. Being rated at 90% may cause a problem where you may be able to get a job, but can you keep and maintain that job.

You can file for TDIU and SSDI if your condition precludes employment. You may want to consider them, but this is most likely retiring and not going back to any type of work. A Lot of veterans in your position end up doing the exact same thing because most employers can only put up with special accommodations for a limited time unless you find some type of protected environment employment (EX: A sheltered employment, working for a family/friend's business).

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So, hears my questions for you.

1 . Is this a civilian Job you are losing? Or your national guard MOS?

2. Is the military medically retiring you? If so I recommend you watch this video. Its all about MEB's, PEB's and military medical retirement. In fact the person who he is interviewing works for the VA. He is also a member hear although he is not very active.  (I have had a lot of personal interaction with him.) His name hear on hadit.com is NCVMS.

https://youtu.be/PS4MDpq9REw

3. What is your current rank and how many years have you been in the guard? Depending on those questions will determine how you will proceed. 

For example the VA will pay you around $31XX.00 a month or more @100%. Depending on if you are married and have children you will get more. If the military medically retired  you depending on your rank you would get less than than what the VA pays you. 

You will need to start the process about 6 mo. before you get out with the VA. So they can coordinate with the military. 

Keep in mind that you can waive the military retirement pay and take the VA pay. If you take the VA over the retirement. If you are @ 90% it sounds like you are already involved with the VA. 

 

 

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Here's a link to Integrated Disability Evaluation System (IDES).

https://william-beaumont.tricare.mil/Health-Services/Other/Integrated-Disability-Evaluation-System

 

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Since you indicated you "planned on getting another job" (after you lose this job), I dont see too many other benefits available, that is, there is no "temporary" tdiu, when you expect to return to work.  There is a convalscent temp 100 percent after a surgery, that lasts up to a year.  

You can apply for an increase, however, and you "may" get that.  An "increase" would put you at 100 percent, tho its difficult to get from 90 to 100 percent, because of VA math.  You would need at least a 50 percent additional rating, but we really can not figure that out because we dont know what disabilities you already have..you could be at 94%, and then you would not need as much to go from 94% to 95%, which would round up to 100 percent.  

If you have any "new" disabilites, or older ones which have increased, by all means apply for an increase asap.  

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