A word of wisdom: generally, it is not a wise endeavor for applicants who are not lawyers, who file for Federal Disability Retirement benefits under FERS or CSRS, to make legal arguments. I have seen the end-product of such results, and have concluded that they are more-often-than-not, harmful to the case. Most legal arguments are formulated through years of discretionary application based upon extensive research and experience in a given area of law; and the discretion that must be used is not always intuitively obvious.
As an example, there are cases where it is entirely appropriate to submit the VA disability rating as part of the Federal Disability Retirement application, as supplemental documentation in support thereof. However, determination concerning the importance, impact and significance of relying upon such information must be discreetly assessed.
Yes, there is “case-law” concerning the persuasive authority of VA Disability ratings. However, the practical legal aspect of utilizing such ratings must be carefully considered, based upon numerous factors: while the combined rating may be higher, what are the individual percentages? Are each high enough to warrant persuasive argumentation? Could closer scrutiny of the individually ascribed ratings be more harmful to one’s case? Is the rating (and each individualized break-down) discussed in medical terms in the VA records?
Ultimately, the individual who files for Federal Disability Retirement benefits without an attorney must rely upon himself or herself, and the wisdom of one’s own counsel. Whether that is wise or not, I leave to each individual.
Robert R. McGill, Esquire