Posted on: Thursday, February 08, 2018
Printer-friendly versionPrinter-friendly version
Disability ratings and employment
Undefined

Question

Hello..  retired back in 2005 with 60% service connected Va Disability.  I’ve been re-evaluated 3 times in the past 12 years for service connected disabilities and I finally overturned a couple of things resulting in 100% service connected T&P schedular rating.

1st- Are we required to tell employer that we receive va disability benefits?

Are we required to tell an employer of our disabilities if not visible and could pass all mental & physical requirements?

Does the VA have restrictions on what type of employment you can or can not do with a P&T 100% schedular rating?  Before 100% or after 100% rating?

2nd- I was injured at work.  Industrial work men’s compensation.

Herniated L5 and sciatic nerve injury.  Sciatic nerve injurry by sharp instrument.

One of my service connected disabilities are degenerative arthritis of the spine and sciatic neuritis.  Basically told it was from the natural aging process.  Would never improve.

Submitted an application for a medical disability retirement through my employer for those injuries (herniated disc & sciatic nerve injury). Can my degenerative arthritis of the spine be looked as a preexisting condition?  No history of disc herniation nor sciatic nerve injury.

Jim's Reply

* "Are we required to tell employer that we receive va disability benefits?"  That depends on the employer. Different employers will require different information when you apply. It's a good policy to answer questions truthfully. If you aren't truthful on the application for employment that can result in severe penalties down the road.

* "Does the VA have restrictions on what type of employment you can or can not do with a P&T 100% schedular rating?" No. Veterans who hold 100% TDIU ratings are restricted in the type of employment they may pursue,.

* "Submitted an application for a medical disability retirement through my employer for those injuries..." That's between you and the employer. When you deal with employment issues, those are generally not something VA has any authority or interest in.

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

VAWatchdog

Keeping an eye on the VA, because somebody has to.

http://www.vawatchdog.org

 

Stateside Legal

Legal Help For Military and Veterans

http://www.statesidelegal.org

Complete Mailbag