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Privileges Due To Disability


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#1 tom91

 
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Posted 14 October 2008 - 05:15 PM

According to the VA website, a vet must be rated 100% in order to obtain an ID card for PX privileges; however, it seems when I was discharged for disabilities in 1991, the army would base it upon 30%+. Does anyone have any further information?

Also, if my claim is approved and found to be an error back to 1991, it would have been a 30% rating at that time. If I'm correct on ID priv @30%+, will they honor that privilege now or deny it since the VA guidelines is 100%. It by all means is not the first priority with this claim but certainly curious.

#2 Philip Rogers

 
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Posted 14 October 2008 - 05:41 PM

This is just an educated guess but they would retire those with 30% or more disability and as a retiree you would get a retirees ID card, allowing you access to base activities.

pr

#3 jbasser

 
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Posted 14 October 2008 - 08:05 PM

If you were MEB'd out of service you are considered retired. Your Exchange benefit is a result of the Military, The VA is a different issue.
If you are a 100 percent P and T vet, then you are considered disabled from being in the seervice.

J

#4 rentalguy1

 
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Posted 14 October 2008 - 08:15 PM

I got 30% from the VA after I ets'd in 94. I got a ID card, but it was for a limited time. One year, I think.

#5 Teac

 
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Posted 14 October 2008 - 08:36 PM

There are only three ways to get a Military Id after leaving service.

1.) you must be retired with length of service
2.) you must be medically retired from your branch of service with at least 30% disability
3.) you must be rated 100% schedular or TDIU from the va and it must be a permanent rating.

If you are rated 30% from the va you are not entitled to, nor will the military issue you an ID card, not even on a temporary basis.

#6 Teac

 
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Posted 14 October 2008 - 08:44 PM

If you were MEB'd out of service you are considered retired. Your Exchange benefit is a result of the Military, The VA is a different issue.
If you are a 100 percent P and T vet, then you are considered disabled from being in the seervice.

J



Your statement is a little misleading ....

Being medicallly boarded out of service does not qualify anyone for an ID card. Service Medical boards award disability based on the severity of the medical problem, the rating can be 0 -100% just like the va. Any service member that is awarded 30% or more from their branch of service is considered retired and receives the ID card.

Sometimes the service will assign a member to the temporary disabled retired list and that person will retian his ID card, and receive 50% of his base pay, for no longer than five years. At the end of five years or eairler, the veteran will be placed on the permanent disabled retirement list with a permanent rating of 30% or higher, be discharged with 205 or less, or be call back to active duty.

#7 jbasser

 
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Posted 14 October 2008 - 09:24 PM

Yeah Teac I left the 30 percent off. Anyway a MEB retirement is not the same as a VA retirement.
The VA will re rate it anyway. Usually at a lower percentage.

Thanks for clarfying that.

#8 rentalguy1

 
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Posted 14 October 2008 - 09:41 PM

You know what...after I thought about it, the wife and I got the ID cards (tan) while I was outprocessing from Ft. Bragg, not after I ets'd. I didn't get out on a MEB, either. Why did we get the cards? I probably still have them somewhere...dangit! now I gotta go look for them :angry:

EDIT: just asked the wife and she knows exactly where the cards are, but it's too late to go digging around in the basement. She said we had PX and commissary privileges for a year after I ets'd.

Edited by rentalguy1, 14 October 2008 - 09:43 PM.


#9 Stretch

 
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Posted 14 October 2008 - 10:16 PM

When I got out, after my regular 4 year enlistment, I was issued a Reserve ID identification card. I went on to the base at Long Beach, Ca., but never went to the comstore or the base store. The Reserve card was for 2 years.

Edited by Stretch, 14 October 2008 - 10:16 PM.


#10 tom91

 
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Posted 15 October 2008 - 03:56 AM

Just to clarify further on my question....

If the VA determines I should have been MEB @30% and therefore, should have received additional privileges at that time (such as ID), do they do anything retro about that? Although my case is still remains outstanding, this may be the case with me. Seems unfair to us all if the government doesn't make it all right when an error occurs that is beyond our control. Yeah they pay backpay but what about the other items?

#11 tom91

 
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Posted 15 October 2008 - 03:58 AM

Forgot to make mention that I located the information on what a soldier receives currently if they are discharged medically. It seems to remain the same as what I recall from 91. The ID card is not something temporary if you get 30%+. I also received an ID temporarily for 2 years since I got out @20%......................


Info is located under ARMYBenefits.com

#12 Teac

 
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Posted 15 October 2008 - 07:47 AM

Just to clarify further on my question....

If the VA determines I should have been MEB @30% and therefore, should have received additional privileges at that time (such as ID), do they do anything retro about that? Although my case is still remains outstanding, this may be the case with me. Seems unfair to us all if the government doesn't make it all right when an error occurs that is beyond our control. Yeah they pay backpay but what about the other items?



To my knowledge The va does not have any authority to change the percentage that the military awarded to you.

#13 jbasser

 
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Posted 15 October 2008 - 11:41 AM

Teac, I suggest you find the regs related to the VA rating. The military does not use the same criteria.

The VA will and can rate a disability according to its own criteria. If that rating is lower than the MED, Then the Vet may be SOL. The VA does not consider the Military rating. Only what is in the Title 38 part 4..

J

#14 Teac

 
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Posted 16 October 2008 - 12:07 AM

Teac, I suggest you find the regs related to the VA rating. The military does not use the same criteria.

The VA will and can rate a disability according to its own criteria. If that rating is lower than the MED, Then the Vet may be SOL. The VA does not consider the Military rating. Only what is in the Title 38 part 4..

J



And I suggest you re-read what I stated, which was, " the va does not have the authority to change the percentage that the Military awarded you."


I was rated at 30% from the Army. The va rated me at 100%. The va rating does not change the rating from the Army, and the Army's rating is still valid. One has nothing to do with the other, and I never in any why said that they did.

Also;

1. The va must consider the rating the military awarded, it does not have to agree but it still must be considered because it is a part of the medical record.

2. When I was rated by the Army over 20 years ago the Army and the VA used the same exact Critera and rating schedule to rate me. Until recently that was the case, now the va awards all disability ratings to include those by a MEB board. This was changed by congress because the services where lowballing awards...