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40% Tdrl 80% Va Rating


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#1 snomanx3

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Posted 05 April 2007 - 01:10 PM

Hello all =)

I was discharged 40% tdrl from the Navy in Nov06. I applied for a VA claim Apr06 and finally got back my final rating of 80% service connected. Dfas sent me a letter in Dec06 that my retirement rating is 100% and back payed me to Nov06. The dfas check is more then what the VA is going to send.

So now im confused because I was told that the VA will recieve the 40% from the Navy until the "severence" amount is paid. Then I would get only a check from the VA.

With the tdrl thing of 40% and seeing the dfas letter saying im 100%... maybe its the tdrl with the
VA(40% +80%)? I thought the VA doesnt rate diagnosis that the Military rates you for?

Am I only going to get one check or two checks with the Navy check being reduced?

I was only in for 13 years, Iraq x2. So I dont think im eligible for cdrp or cdrc.

I hope to get my VA rating to 100%, so many evaluations were in the grey area and close to increases. Im so miserable and in pain 24/7 taking vicodin to survive. ugh....

#2 Pete53

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Posted 05 April 2007 - 02:30 PM

Snow:

Welcome to Hadit. If you are not able to work you should be considered for 100% TDIU. There is a big difference in pay.

Good Luck


#3 john999

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Posted 05 April 2007 - 02:50 PM

Snow

As Pete says apply for IU if you unable to work. You will be paid at the 100% level from the VA if you get IU. 80% is enough so that the VA should evaluate you for IU anyway and they should treat it as an inferred claim but they may not do that so you should do it yourself as soon as you get your decision. It would be retro to you discharge date. For a single person it is around 2300 bucks a month and 2610 for married. All tax free I might add.

#4 rway

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Posted 05 April 2007 - 03:10 PM

Was the 40 TDRL for more than 1 disability? Did the VA rate you the same for that particular disability or was it rated less?

Also, CAUTION, your TDRL disability is not permanent for a least 5 years. You'll get rated about every 12/16 months. I was 60% and they dropped me to 20% (meaning no retirement, lump sum) You don't want that to happen! Keep going to as many appt. as possible and stay up on your meds! For the whole 5 years, then you'll be permanent.

The VA check might look lower because they are deducting the 40% from the disabilities the military gives you. And they have to catch up those few months that you've already been paid. Remember, also the VA is TAX FREE and isn't lowered quite as easy as the TDRL.

I was rated 10% on one disability in the military and the VA gave me 30% and I was rated 20% on one in the military and the VA gave me 10%. I found the Military hard to fight, it took me 10 years for one claim TDRL. The VA to me 6 months.

Its good your still willing to keep fighting for your rights!

rway

#5 goofycow

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Posted 05 April 2007 - 03:24 PM

My husband was also on TDRL for his back. Think he was also rated at 40%. It is very important to keep going to your doctor on TDRL. My husband didn't. The VA re-evaluated him after about 2 years. He was found to be fully fit for duty and went back on active duty.

Liz

#6 snomanx3

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Posted 05 April 2007 - 09:01 PM

Thank you all for the help!

You all are very kind and considerate here in this forum.

Im not sure I want UI. But ill tell you im not sure I am capable of actually working. I cant be around a lot of people. I have ptsd from Iraq. I was a corpsman and ive seen the most horrible injuries ill ever see, plus being shot at everyday. I havent worked since leaving the Navy. Its kind of driving me nuts. I cant even shop at the commisary.... I feel like a bomb is going to go off in there...so i shop at small markets with less people.

Rway

I was rated with three diagnosis from the Navy %20 %10 %10= 40% TDRL

The VA rated me %20 %10 %30 for the Navy rating....I thought VA doesnt rate Military ratings??

VA gave me also %30 for something else and a bunch of %10 and %0 ones...

VA total %80

I think I will fight for the 100% from the VA

So wont the VA pay me for everything except for the military ratings? 40% TDRL is half my active duty pay, minus that from my va pay is what VA will send me... right?

1650(Navy)-1450(VA)= -200 So VA wont send me anything?

#7 Guest_RickB54_*GuestMember

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Posted 05 April 2007 - 10:20 PM

Thank you all for the help!

You all are very kind and considerate here in this forum.

Im not sure I want UI. But ill tell you im not sure I am capable of actually working. I cant be around a lot of people. I have ptsd from Iraq. I was a corpsman and ive seen the most horrible injuries ill ever see, plus being shot at everyday. I havent worked since leaving the Navy. Its kind of driving me nuts. I cant even shop at the commisary.... I feel like a bomb is going to go off in there...so i shop at small markets with less people.

Rway

I was rated with three diagnosis from the Navy %20 %10 %10= 40% TDRL

The VA rated me %20 %10 %30 for the Navy rating....I thought VA doesnt rate Military ratings??

VA gave me also %30 for something else and a bunch of %10 and %0 ones...

VA total %80

I think I will fight for the 100% from the VA

So wont the VA pay me for everything except for the military ratings? 40% TDRL is half my active duty pay, minus that from my va pay is what VA will send me... right?

1650(Navy)-1450(VA)= -200 So VA wont send me anything?



Your post is rather hard to follow but let me try,

You are rated at 40% for a Temporary Disability retirement from the army
You are rated by the VA at 80% combined

These rating are seperated and cannot be combined.

You have two choices....

1. recieve all of your disability from the VA

2. Recieve all of your retirement from the army, and your va disability minus the amount you receive from the Army.

no matter how you do it your pay is not taxable.

#8 rway

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Posted 12 April 2007 - 10:51 AM

snomanx3,

You are on the right track. Sorry, it took me so long to get back with you. If you plan to fight the VA for a higher rating, you might fight them on the 2 disabilities that matched the services, if possible. This will help you later when fighting the Navy. You may not think, you will have to, but they do not like retiring any one from TDRL. Meaning, they will try to lower it eventually, and you will be able to prove, that your conditions did not get better, only worse. The Navy, may also see, that your conditions will not get better and retire you quicker.

Your pay, will come from the Navy, until the VA exceeds the amount you get from the Navy. (Either, higher percentages of disabilities from the VA that will total more than 1650, or the Navy lowers your disability ratings)

When they lowered my TDRL to 20%, and a gave me a lump sum severance pay. It was all taxed. But RickB54, is right on the money. TDRL 30% or higher is not taxed.

RWAY