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    • Well the way the VA is if they fail to read evidence submitted the first time around... then re-submit it on your NOD... B/C if they don't read it or consider it the first round  and its not in your reason & bases of the decision   then them idiots won't even know you submitted it the first time,around .... ok  now if they do go back and possibly read it  in your NOD they stick there foot in their mouth......I Would think? b/c the evidence was there in the first round to basically substantiate your first round! I think it sucks for  a veteran to have to go get a Private IMO the second time around just to please them when the first round of evidence is clear cut. besides most veterans don't have private Insurance and can't afford a Private Dr About the only advice I can give is for the veteran to organize his/her  first initial  claim and lay it out nice and neat prepare it as to where they have to read it..., point out the evidence by # or letter  see page 1 second paragraph, or letter ( a) on page 3  ect,,ect,,  hi-lite the evidence that is most strong in your claim & point it out to them, submit it in a organized fashion using clear color plastic sheets in between he subject matter, making it easy for them to read. Always put your name and address and claim number on the top left of every page you submit. First page would be an index of what you have sent them with the subjects, like> records of medical, STR's  D'r's names, dates ,& locations any crucial part of your evidence in order, then in each category place a clear COLOR plastic sheet in between each separate topic of evidence, when it comes to the very strongest of your evidence  I use the Red clear plastic sheet, this makes them wake up and take note as to how your prepared for your claim  and it tells them you know what your doing, but just remember this  its the strong concrete evidence that will win your claims. you simply want them to read all of your evidence And of course in the last section   Thank them in Advance for their most valuable time in helping you with your claim  cordial  yours  Jack Q Veteran  # 123-45-6789 jmo .......................Buck
    • It is often much more than a nexus 'letter',- it is proof of the link between your service and the disability you have now. That is why vets need a copy of their SMRs, to prove any treatment for inservice injury , inservice illness with residuals, or any MH issues. I assume that is why you received no C & P exam because  even if VA states they received a veteran's SMRs, that sure does not mean they carefully perused them for anything to support the claim.I mentioned here before a vet I helped whose vet rep, and even his lawyers at the CAVC never fully went over his SMRs. I sure did and it was very time consuming  and they were handwritten entries from the 1960s...very hard to read. The veteran himself never took the time to do all that and could have succeeded on his claim much sooner then the many years it took to award it. I did have a clue from his initial BVA denial.  A medical word no one had looked up,that BVA mentioned in the first paragraph of his denial. When I looked up the medical word, I felt he might succeed.After doing much more research I knew he had a winner. The word helped establish the inservice nexus. I was also able to prepare a strong NOD as to why his CAVC lawyers failed to meet the 5 conditions for fee payment. I never heard the outcome on that and I know he would have been contacting me if the VA paid them (for doing nothing at all to advance his claim.) I don't do that one -to-one stuff anyone.And  even good vet reps don't really have the time to do it.They have hundreds of claims,  we usually have only one or two. You need a copy of your SMRs. We will know more when the decision comes.  
    • AND, it all depends on if you choose to file your Claim for an Increase or New SC as an FDC (Fully Developed Claim) or as a traditional Reg Axx Claim. FDC Decisions, I've had a couple, Award/Denial Decisions in less than 8 months. Reg Axx claims Decisions are still taking 18 to 24 months, depending on complexity. Semper Fi
    • As to your A & B question, no & No. A good friend, 100% Scheduler, always told me he would never sign up for Medicare because he got everything from the VA. That was his position, until 02/15. I got a call from his wife, he was vacationing in Fla and had a life threatening Emergency Room Admittance, at a Private Hospital. He's 68 at the time and doesn't have Medicare, the Hospital Admission staff want him to sign up for Medicare right then, they want their $$$. I told his wife not to sign anything, advise the Admitting Staff he was a VET covered by the VA and that they needed to contact his VMC for authorization for treatment and transportation to the nearest VMC capable of treating him, after his Emergency had Stabilized. She did as I instructed and about a week later he was transported by ambulance, 250 Mls to the Nearest VMC. From there, he was eventually transported to a VA Med facility back in Ft Myers. All along, no Medicare A & B Coverage, right. It turns out, he's got New Medical Problems, Life or Death type, and doesn't want to rely on the VA. We talked about his options regarding Part B and the 20% co-pays. He signed up for Medicare, paid the late signing penalty and chose, I think ARRP's United Health for the Part B. Cost him in the area of $150 per month, no co-pays or deductibles. Go's to local top rated Dr's & Hospital for treatment of his New condition. 999, might be time to set down with an Elder Law Attorney, Ins is good but certain Trust's can also help to protect your Assets. A comprehensive Family Trust, +or- $2K cost, would help ease your mind. Trusts & Wills are best to get set up, while both of you have the cognitive ability to do so. What did your Financial guy have to say about the timing of your Capital Gain, long/short term? Sometimes, timing is everything. Semper Fi

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40% Tdrl 80% Va Rating

8 posts in this topic

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....

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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

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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.

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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!


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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.


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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.


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?

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