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    • I'm kind of confused and concerned about this one...

      I submitted my VA Disability claim for multiple items way back in 2011.  I got a very bad CP exam doc who denied everything despite nearly 20 years of treatment by civilian docs for some of the issues.  In 2012 I appealed with a notice of disagreement. In the meantime a doctor at the VA was willing to help with the paperwork for the TBI and filled it out which sped up that portion - I ended up getting  10% for tinnitus, 40% for the TBI residuals (memory and concentration) and 30% for migraines/headaches. 

      What is still on the original appeal is my feet/ankles & knees from an injury as well as left hand from putting a screwdriver through it.  It's been sitting in the 1st stage appeal limbo basket for nearly 5 years. Fast forward to 2016 - suddenly I find out that my original disability claim has been sent to Washington DC to the Board of Veteran Appeals.  Wow - what a shocker as I was expecting at least another exam.

      They said it will go before a judge.  What concerns me is that it's my original claim, including the TBI issues.  Will everything be reviewed and is it possible to lose what I have?  I thought it should have been only for the items still in appeal. I'm using handicapped plates because of my legs and  it is hard to concentrate and focus on things because of my head injury so this is overwhelming.  Not to mention that I'm also recovering from cancer surgery.  This is getting too much to handle.

      Is this whole " straight to the board of Veteran Appeals" right from the initial C/P disagreement a normal thing?   Thanks for any insight.  
    • Oh, okay. Either way, the VSO should be able to view the letter on Monday. Thanks.
    • Thanks I think from now I'm just going to try and forget it cause it's more stress then what I need right now.  And my VSO that started this left and the new one is clueless 
    • Did I write something that sounded harsh? If so, I didn't mean for anything to come across that way. I was just verifying the info seeing if you could figure out what it might be.
    • I have no idea what the letter is regarding and what it says.  Until then, I can't give you an answer.  I was simply making sure the other poster that stated what he stated understood that if the VA erred on a disability rating and the Veteran was getting over paid for it, the Veteran is not obligated to pay it back.





tom91

Privileges Due To Disability

14 posts in this topic

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.

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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

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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

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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.

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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.

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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.

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