Episode 3: Will I Lose My Job If I File For My Rating?

In Episode 3 of The War Room, we break down one of the biggest questions veterans ask when considering filing for VA disability:

“If I file for this rating… will I lose my job?”

Many veterans hesitate to file because they worry their disability rating could affect their employment or future career opportunities.

What actually impacts employment?
What doesn't?
And why do so many veterans misunderstand how VA disability and working really interact?

We discuss:
• Whether filing for VA disability can affect your job
• Common myths about working while receiving VA benefits
• When employment limitations actually matter for VA claims
• Why fear stops many veterans from filing the claims they deserve

This episode focuses on helping veterans better understand how VA disability and employment work so they can make informed decisions about their claims.

New episodes weekly.

Transcript

SPEAKER_03 0:00

Denied, delayed, underrated? That's the story for too many veterans, including me. Hey veterans and the families listening in, welcome. My name is Robert Pinero. I'm a Marine Combat Veteran and the founder of Veterans Educating Veterans. I've served two tours in Iraq, and like many veterans, I know how hard it is to get service connected and navigate the VA system. After service, I was frustrated in pain and told no more times than I can count. Even by VA attorneys. So instead of giving up, I decided to learn the VA process myself. That's what Veterans Educating Veterans is built on. We educate and guide veterans through the VA compensation process, step by step, helping you understand how the system works so you can move forward with confidence, not confusion. I do this work alongside my wife Jillian and for our two daughters because our families live with the impact of service long after the uniform comes off. You deserve the benefits you've earned, not just for yourself, but for the family that stands beside you. Welcome to the war room.

SPEAKER_00 1:17

The war room by veterans educating veterans.

SPEAKER_03 1:36

Alright, welcome back to the war room. I'm Robert Pinero, founder of Veterans Educating Veterans. I got coaches with me, James, Cody, and Jesse. How are you guys doing today?

SPEAKER_01 1:49

Tired, but good. Hanging in there, man.

SPEAKER_03 1:52

How was your trip this time?

SPEAKER_01 1:58

Not bad, not bad. I don't mind. I don't mind coming down here. The weather's always good this time of year. Uh compared to upstate New York for sure. So it's good to get away.

SPEAKER_04 2:07

Good this time. It's hot down here.

SPEAKER_01 2:09

Yeah. Humid. Humidity is a little dry.

SPEAKER_04 2:12

It's hot for me. I'm a Michigan boy. This is hot.

SPEAKER_02 2:18

New York, you already know New York City. Zero degrees.

SPEAKER_03 2:23

Alright, so we're gonna get right into this topic. Um I I know that while I was coaching, I always got this question, and it was, will I lose my job?

SPEAKER_04 2:33

Oh yeah.

SPEAKER_03 2:35

If um I'm entitled to this rating. So you guys can uh let me know about your experience. I know that my guys um I would try to explain these things to them that the permanent and total status um does not allow you to work. It actually um allows you to work. It's TDIU, which is another subject um that doesn't allow you to work or it does up to a certain point, which I think it's like$200 or something.

SPEAKER_04 3:11

Yeah, I think it's the poverty threshold, whatever the case is for TDIU. Uh for for permanent in total, I myself am 100% permanent total. There are zero restrictions on income for me. Um I kept in law enforcement for about two years after getting 100% PNT. It had zero effect on my job um or my ability to do it, to be honest. So um, I understand that's a concern for a lot of vets. It was a concern for me as well until I was explained the differences. Um, so yeah, PT, you can work, um, you're not losing your job.

SPEAKER_02 3:46

And that's just kind of how I definitely law enforcement, man. I've been seeing that a lot, a lot of police officers and there seems to be a line. Yeah, a lot of police officers, anybody that works like uh detention centers on um some work in federal detention centers, like um prisons and stuff. And they all asked about the same thing. Like if I he's like, can I still work? Like I had a guy in the in the airport. Um, I saw his bag, he was primary military. So I asked him questions and he was at 90%. And he he came out, he's like, Yeah, but if I get 100%, can I still work? And and I told him, of course you can still work, you know. It just depends on um I guess it just depends on uh federal jobs. Some if you try to go for a certain federal job, um that that uh doesn't allow like 100% mental, but uh I feel like they're they're good to they're good to go.

SPEAKER_01 4:46

I understand what their their concern is. There's always new um bills being introduced where the government says if you are 100% rating or make X, Y, and Z allotment for income, um that you you can't you can't do both. There's always new bills that they um introduced. None of them have been written into law. Um so especially with you know the digital age we're in, information spread like wildfire. The VA always puts things out. Um veterans are always looking on Reddit, on Facebook groups. Um, one veteran gets word of it. It's like the Lance Corporal Underground in the Marine Corps, it spreads like wildfire. One person gets a whiff of it and they're like, oh, I saw that. Hey, they're introduced it. If you're 100% or you make you know over$100,000, you can't get your benefits anymore. Um at this current time, there's no such law in place. Um they are always constantly introducing new things and different bills, but um that none of them have passed. Um, so at this point in time, no. Um you can absolutely carry a hundred percent permanent total rating and still carry a full-time job. Um what Jesse was saying, um, I know air traffic controllers are one. There um submariners they go through rigorous um scrutiny. It's it's a little harder. Um, I know um like the federal job, so they are uh asked more in-depth questions, absolutely. So that can always be um a problem depending on who your superior is and how that office that you're working in and how they run it. Um so we can never always say 100%, hey, you're safe, you know, in that. But you know, you absolutely could contact your uh your supervisor and ask them what's the rules and regulations and and and what's going on here. Um but we you know, we definitely don't want to also not seek to help as a veteran because of that either. Um so definitely do not discourage um or let that play a big part um because you don't want things to bottle up and and explode and overflow down the line, and then you may lose your job completely because of it. So absolutely don't don't don't hide it.

SPEAKER_03 7:00

So I I know for government jobs, um there are a lot of restrictions. Um I know that also the FAA, um the VA is working with the FAA, so anybody who's a pilot um is now uh talking. I'm sorry, they're talking to each other, so they are releasing information about the pilots. And of course, that's a safety issue. Um, and that's the reason that they are releasing that information. Um for the private sector, though, I I think we should talk a little bit about that. Um, the private sector, there is a privacy portion to your records, right? Besides government, right? Because we talk about cops, firemen, um, everybody who's who's government, but the privacy sector, they don't have access to these unless you give them access, right? So we we have to we have to you have to fill out a form in order to release these documents. Um and at the end of the day, I don't think they're entitled to them even by law, um, unless I think there's a portion of that safety factor in there. Um because I had one client, he definitely was a pilot, um, and he was going for his commercial airline pilot. And even though he had symptoms of a mental disorder, um with and and I'm not a psychologist once again, um, he was talking about those certain items um that kind of told me he would definitely get diagnosed just from experience. Um and he he was probably entitled to some compensation for that.

SPEAKER_04 8:48

So um what what what do you guys think about the um the the the private sector, you know, of course going away from what the government um sorry what the government regulations are for people who work for the government um as well like you said as far as the private ones and them having access to certain things without your permission, it seems like that's you know, there's certain legal parameters around that, including HIPAA. Um so one thing I would just want to know, I guess, from Congress or whoever's trying to continuously pass something like this is why wouldn't you want veterans working? Like that opens up them to trying to have a normal style of life again. Whereas if you pass this and you say no, you're not allowed to work if you're getting this, then that to me that's you're you're making them recluse, you're making them stay at home, you're making them not go out and experience things that they used to experience and try to live a normal life again, which it's very hard for some to do to begin with. Um, so I guess I would just want to know why they're trying to do that.

SPEAKER_01 9:57

So um that's a good point, Cody, for sure. You know, what you've mentioned, you know, a lot of these veterans, they once they leave the military, they lose their sense of purpose. Um they come back, you know, it may not just be war, just be, you know, injuries they sustained on active duty. Um, and now they're at a hundred percent. Um and if they're not working and and and fulfilling some kind of f um fulfillment for that, you know, it's what are you doing? You know, they're just gonna rot. They need a sense of responsibility and a sense of um urgency and a sense of um purpose.

SPEAKER_04 10:40

Purpose.

SPEAKER_01 10:40

Thank you. Yeah, thank you. Absolutely. It's it's a purpose in their life um that they once had, you know, in the military. Um, and if you've never been in the military, if you're watching this and you haven't been, it's it's it's hard to articulate it if you haven't personally experienced it. Um so these veterans, you know, to to kind of clip their wings and not let them go out just because they um have been injured from their time in service, it's it's it's doing them a disservice for sure.

SPEAKER_03 11:11

Yeah, and a lot of these veterans are um they're going to work and they're taking things off their mind, maybe mentally or you know, painfully. Um this, you know, them going to work sometimes takes that away and and makes them not think about that. You're actually gonna drive a veteran in depression, you know, if he doesn't go to work or anything like that. But I just want to refocus uh James, how come you have some medical background? Um, what what are the regulations with HIPAA and grabbing people's um medical files?

SPEAKER_01 11:45

Right. So HIPAA is the regulation set for for medical records um and all privacy um completely. So I mean it it is it's nothing to take lightly. Um, you know, I I worked it prior, I worked in a hospital. Um you couldn't even, you know, people get fired daily because they'll post something on Facebook or Instagram and someone knew who they're talking about and called the hospital about it. You can't even talk about I saw my friend in the hospital, um, especially as an employee, um, because it you can get terminated completely because of privacy. Um, because people don't need to know your personal medical history. Um, unless you want to release that to them, um, it's it's not for everyone to know because people don't want to know because a lot of stuff for them is embarrassing or can be embarrassing or they take it as embarrassment. Um it's nobody else's business. Exactly. There's that too. You know, you don't need to know that your neighbor Sue is going through cancer treatment. You don't need to know that your neighbor who's a veteran has agent orange and he's got a colostomy bag because he had colon cancer. Like that's not something that he wants to disclose to you. That's a very personal and private business. Um, so HIPAA laws protect that. Um so unless you sign a release form, you can't obtain them.

SPEAKER_04 13:14

So now I'm I'm a little bit new, or I guess not new, but not privy to exactly like you just described HIPAA. Who is bound to it? Is the VA bound to HIPAA? Are is HIPAA restricting them from giving the access, or is HIPAA restricting the jobs from requesting that access? Cody. Uh on that specific. So I'll just give you an example. So in law enforcement, it was the hospital that was bound to HIPAA to give information out. So if somebody were to seek that information and they released it, it was the hospital that was supposed to retain that information. And it didn't, it didn't stop anybody from asking for those records, but I believe it stopped the the hospital from releasing the records. So anybody can ask for them.

SPEAKER_01 14:01

Right. So you have to really you have to sign a release form as a patient. So if the veteran is the patient, the veteran has to sign the release form over to um whoever they're requesting the medical records from.

SPEAKER_04 14:16

Okay.

SPEAKER_01 14:17

So a lot of times veterans will get in the mail what's called a VA 4142 form, which is a release of information. So the veteran fills it out and gives permission for the VA to request it from their chiropractor that they went and saw for their back condition, or their private phys um therapist or psychologist that they're seeking treatment from that is not through the VA. So the veteran or the patient in this case has to sign the release form to allow whoever to obtain those records.

SPEAKER_03 14:48

That makes sense. So even the US government has a restriction because they can't just go to chiropractor Garcia and say, Hey, I know you've been treating this guy, release these to me. They also need your signature.

SPEAKER_01 15:04

So you're the ultimate gatekeeper of your own information. Unless there's subpoena for law for a uh a court case, then obviously subpoenas. That would supersede. Supersede because they have to release that per the order of the judge.

SPEAKER_04 15:18

So um, I know Rob, you brought up a little bit ago, and I kind of wanted to touch on that a little bit. When you're um allowing these veterans, much myself included in this, to be able to go to work. Um, you would say, you know, that takes their mind off of it a little bit. Like that that lets them release a little bit from it. That's not to say that those they're not still dealing with those situations. So just because they're going to work doesn't mean that they're not still dealing with uh the PTSD or everything like that. So this is not a a cure. This is just a you would help, you know, mitigate those, but they they would still be dealing with those on a daily basis, potentially on a daily basis. So it doesn't get rid of the symptoms.

SPEAKER_03 16:01

No, absolutely not. And I and and to be honest with you, um, it sounds kind of scary, you know, when when when I think about it, because you know, if it is a police officer, you know, imagine somebody on the force with you has PTSD issues where you know they're thinking of suicide or something and they have a gun. Well, how do you know he's not gonna commit suicide right next to you, right? And and that bullet then goes to you. Um so I think if you shouldn't have your job, you you definitely then you know, because of those symptoms, you shouldn't be doing your job then. Um you should say tap and quit and you know go do something else. And I know once again we were talking about purpose. Um, then look for another purpose because if if you have those types of symptoms, safety is probably the ultimate reason that you probably can't do your job, um, which is usually what they look for when they're saying that you can't do your job. But going back to that, um, you know, this is why people shouldn't be asking the question, will I lose my job? Um, it's more if I have these symptoms, then you should definitely number one, get rated for it. Number two, have a plan in place to, you know, if you do lose your job, then you're gonna do something else. Um but from what I know is the the private sector is is safe. I know the government does leak into um except private sector, except like airlines and things like that, because of course the FA is grabbing those documents. Um and um the other part is is um of course safety being involved, which I just said before. Um but besides that, um, I think that people should go for what they're entitled to. They should also get help if they really do need it and you're gonna lose your job for it. Um, but will you lose your job? I can tell you that from a back issue, you're not gonna lose your job. Um, you know, a shoulder issue, maybe. I think if you're a police officer and you can't pick up uh if you're right-handed and you can't pick up that right hand anymore. That would be a problem. And that would be a problem. That'll be a safety issue once again. Absolutely. Um, so uh those are the type of issues that we would say, yeah, you'll lose your job because you know you're having a flare-up one day and and you need to pick up your gun and you can't. You know, that's your life. Um, if you want to risk that, then then that's on you. But for the most part, I think 85% of the people we talk to, their job is not on the line. I would agree. Um, and that's our biggest question, is what I'm trying to get to. Um James, you you've had a lot of clients that you know ask you this question. Um, are these guys should I be scared? Are you are these guys like police officers or pilots?

SPEAKER_01 19:11

Uh no, I mean, a lot of the ones that are concerned um already have an idea what they're going in for. I have a client um who is air traffic controller who was experiencing or you know, based on the symptoms that he's saying, could qualify for a mental rating. And I, you know, and he so he went and talked with his uh union rep and and everything. And based on everything that what they had on file was as long as you're not being as long as your symptoms are not being um suppressed due to medication, he's more than capable of doing his job, is what the his union rep came back and hit, which is his boss and said, So he's okay to go and file for it. So he said, okay, let's move forward then. So there's I've obviously special circumstances like that. Um majority of the people have an idea um if that you know what they can and can't do, um, and with the limitations, if they're unable to perform their job due to back flare-ups, um, then you know, they need to either find it like Rob mentioned, find other employment. You know, we can never can guarantee that you can't um due to that situation, but I'd say closer to more than 90% of people are not, or even 95% are not, and in um in fear of losing their job due to the disabilities they claim.

SPEAKER_04 20:42

And if they were, let the vet make that decision themselves, right? You don't need to pass a law to do this because then you're gonna blanket a lot of people that don't need to lose a job are going to lose a job.

SPEAKER_01 20:51

Well, so I I like to use the example. I believe it was Lowe's. Um, it may be Home Depot. Uh either way, one of those uh stores, there was a veteran who needed a service treatment dog um due to his service connected disabilities, and no one wanted to hire him because he had to have a service treatment dog. They end up taking him on and hired the dog and paid him a for I think it was a 40-pound bag of dog food a month or a week as their salary. Lowe's did this? I think it was Lowe's or Home Depot. Uh, I can't remember which.

SPEAKER_04 21:18

I look at I have my choice of either, so I'm gonna be going to one of these more often than one of them is awesome.

SPEAKER_01 21:23

They they hired and hired the dog too. Um, and he wore a vest with the Lowe's vest and everything. I love that. Um, so that way he could, you know. So he again, these veterans, yes, they're 100% rated due to due to their service connected. Doesn't mean that they're not unemployable or don't want to work or not be a productive member. Right, be a productive member of society.

SPEAKER_04 21:43

That's awesome.

SPEAKER_01 21:44

Um, so he was looking for jobs and he was getting turned down because of that. But but it didn't stop him from continuing pushing through and pursuing uh persevering and finding employment.

SPEAKER_04 21:54

Good for that home improvement chain, however it may be. Yeah, yeah, that's awesome.

SPEAKER_03 21:58

That's pretty awesome. Spend a lot of money at Home Depot. So yeah. I hope it's dumb.

SPEAKER_01 22:03

I think it's Lowe's. I think it's Lowe's. I'll we'll have to look it up. We'll have the look either. Let me look it up. Yeah, for sure.

SPEAKER_03 22:11

My chain of uh of home goods. Yes. Absolutely.

SPEAKER_04 22:16

That's an yeah, that's awesome.

SPEAKER_01 22:18

It was Lowe's in Albine, Texas. Oh, I guess it's changing.

SPEAKER_03 22:22

Love it.

SPEAKER_01 22:23

Lowe's home improvement. Yes. And hired Air Force veteran Clay Luthy and his service dog Charlotte after he struggled to find employers willing to accommodate her presence. And story went viral in 2016.

SPEAKER_04 22:36

Yep. Alright, Lowe's. You can get my business. More of my business. Yes. I like how we we hit a lot of these without like one room.

SPEAKER_03 22:46

One thing about Home Depot, also I'm a Lowe's guy. Is that they captured it?

SPEAKER_01 22:51

Not sponsored by Lowe's.

SPEAKER_03 22:53

Huh? Did you know that?

SPEAKER_04 22:55

I know there's a veteran. I couldn't get it for, I think it was lumber. I couldn't get it for lumber or something.

SPEAKER_03 23:01

As a veteran discount, um, they cap you off. So they can only give you$600 worth of discount while Lowe's doesn't.

SPEAKER_01 23:10

I think Lowe's is$2,000, actually.

SPEAKER_03 23:12

No, Lowe's doesn't have a limit.

SPEAKER_01 23:13

Really?

SPEAKER_04 23:14

It's fine. I'll just come in and buy that amount of stuff each time, and then I'll just come back the next day. No, Lowe's has my business.

SPEAKER_01 23:19

Lowe's has my business too.

SPEAKER_04 23:20

Or Monards, if you're from the Michigan area, Minards is pretty good as well. Sounds good.

SPEAKER_03 23:24

It's just it's it's hard in uh in Naples, but I'm gonna have to go more often.

SPEAKER_01 23:30

Yeah, I'm a big Lowe's fan.

SPEAKER_04 23:33

Um that was kind of a tough one because it's like we kind of No, you can't lose your job, but yeah, I think the overwhelming like you guys both stated a couple times, the overwhelming majority has nothing to worry about. I think that's pretty clear.

SPEAKER_03 23:48

So if you want clarity um on if you are going to lose your job or not, um just give us a call. We'll book you up with a coach. Um, if not, uh give us some topics, let us know what you want us to talk about. Um, like, subscribe, and I'll see you on the next one.

SPEAKER_00 24:10

The war room by veterans educating veterans.