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    • Exams during flare up?
      To me it reads like your in line for an increase, however, I am not a rater and it is purely JMO. I started with 0 on both knees and appealed to get to 10% bilateral, I am still in appeals to go for a 20% on the right knee because of the laxity and crepitus of that joint.  I am going for this rating because I have an independent medical opinion to substantiate such rating.  Without an objective medical examination it will be difficult to go much higher.  Read the ratings criteria in the eCFRs under the knee joint and you will have a clearer picture of what is needed.  I stress you must have the medical evidence to warrant the higher rating.
    • Should I file a claim now or wait?
      I LIKE PETES992 STATEMENT..........
    • BVA Hearing
      Good luck...........
    • RETIRED? NOW I AM DISABLED?
      THANKS................................ The basis for this discussion is prior to the 2004 effective law; military individuals would purposefully find ways to make sure (under their command) injured or otherwise to receive no VA compensation when they got out because in their eyes, at that time, you would get out and would receive more than them (and I am talking the Senior NCO's and Officers here at retirement), and did everything in their power to make sure treatment wasn't provided, etc. because of the jealousy factor $$$$ get people wrongfully off Medical Boards etc. it was an epidemic. Now, since that has changed (the law) the military care and recordings has improved dramatically since this jealousy factory had been about solvent. Now, anyone who was in prior to 2004 would share to comment about how these veterans were treated prior to such effective law because of the jealousy factor. I think the commentators so far have took this the wrong way. When I got out, I had shrapnel from a round in my back, a busted spine, partial paralysis, PTSD, hearing loss and headaches from explosions/IEDs.......and a bunch of other stuff prior to the 04' law/ OEF. I am trying to relate to others who got banged up, even while in training, and got screwed by your command because they in their eyes only saw you getting compensated, not your injuries (and did not treat you because of this properly).   So, shouldn't veterans be able to prove that they deserve full retirement from the military plus VA compensation too. Not just the other way around. In my case, shouldn't it be streamlined where I can show, hey I have all the documents conditions right after I got out and had bunch of surgeries, etc. and my command where a bunch of jerks who got off on screwing peoples lives over and look here is the proof.      -------------------------------------------------------------------------------------------------------------------------------------------------- I have also revised this in the original post to clear up any confusion. 
    • New guy here!
      I wish for everyone to have a safe and peaceful memorial day :-)
    • Should I file a claim now or wait?
      Depending on this more evidence, VA can use it to grant your service connection but it can also be used as the correct effective date if this evidence was not in your records at the time of the original denial. 
    • Exams during flare up?
      Okay, I'm reviewing my C&P exam now. Noted is a significant loss of motion. Here are my results. This was done during a "flare up" apparently. Even though I have had this "flare up" for 3 weeks. My previous initial C&P exam 3 years ago noted loss of motion ass well this time however is much worse. Im not sure if this should be noted as a flare up or the worsening of the cartilage decay in my knee cap. Left Knee --------- [ ] All normal [X] Abnormal or outside of normal range [ ] Unable to test (please explain) [ ] Not indicated (please explain) Flexion (0 to 140): 40 to 55 degrees Extension (140 to 0): 55 to 40 degrees If abnormal, does the range of motion itself contribute to functional loss? [X] Yes (please explain) [ ] No If yes, please explain: sigificanly reduced ROM would impede kneeling/squatting. Description of pain (select best response): Pain noted on exam and causes functional loss If noted on exam, which ROM exhibited pain (select all that apply)? Flexion, Extension Is there evidence of pain with weight bearing? [X] Yes [ ] No Is there objective evidence of localized tenderness or pain on palpation of the joint or associated soft tissue? [X] Yes [ ] No If yes, describe including location, severity and relationship to condition(s): lateral patellar Is there objective evidence of crepitus? [ ] Yes [X] No b. Observed repetitive use
    • BVA Hearing
      You change the info in your profile settings.   Top r/corner open profile, then edit profile, and scroll down to SC info.
    • Exams during flare up?
      Yes that is a possibility, there is no sense worrying about it though.  The foremost concern is getting the injury service connected, once that is done then you can appeal the rest that you may be entitled to with medical evidence,IME/IMO, ect.... This sounds cold, however, no sense worrying about it until you receive the decision, from there you can decide which avenue you will pursue as well what attack to utilize.
    • Sexsomnia
      Your profile indicates that your 100% SC? If your 100SC, an IU Claim would be "Moot." Could you list your SC's & ?%, would help? Semper Fi

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snomanx3

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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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

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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.

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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!

rway

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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.

Liz

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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.

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?

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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.

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.

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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

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