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    • NOD / DRO or TARP?
      Also, I want to point out that my husband returned from his 2nd tour in October of 2008. I do not believe I would have said that I was that concerned with him returning when he had just got back as was stated in the decision. He usually has at least a couple of years between deployments.  I could be wrong, I don't remember. I do recollect saying that when he was gone, a lot of the memories of what we did and seen during the invasion returned or bothered me more..?.  Sorry, I can't be sure.
    • Dr Ellis IMO
      Thanks for the info Flores.  I actually called the clinic this morning.  I am in the process of gathering my records and will be sending them out hopefully by Monday.  They said that they are currently scheduling for the end of June, beginning of July.  The lady sounded very nice.  I am looking forward to meeting Dr. Ellis soon.   Good luck on your claim. Travis  
    • Pending Case Dispatch
      They said it was remanded back to the RO.
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      Thanks all for the kind words. And yes I do sometimes feel that i don't deserve anything as i did not do combat. And there is way too many service men and women who have given up way more and come home with less than they left with. So it is even harder to stand up and ask for help when I see those Brothers in Arms coming home with severe injuries and some coming home with the Flag we all swore to defend. Thomas that road of drinking and drugs i went down and it almost destroyed my whole family. And after spending 30 days locked up in a rehabilitation hospital i don't care to go back again. I have been sober now for over 2 years have not had a drink and don't miss it none at all. I still pain medications but the VA limits that now and I have to sign that contract every month to get it. I do want to mention something I feel is Good News... As I look at the eBenefits website almost constantly to see if any changes are made. Good news tonight when I looked at it as one of my Open Claims is now in the Notification Stage. And then I looked to see and they had approved my second application to include my wife and kids on. Of course my daughter is in college and my son is 25 now, which they did not accept him as a dependent. That means they may have approved my Claim for Depression and Anxiety. But most likely they are going to a New condition and I will have to fight for the back pay. But since my previous Claim is in the DRO stage and I am awaiting the outcome of it. This new claim for Depression should move over to it now and be included. Is that correct as I can't file another NOD on it til the DRO issue's a SOC first. Anyways here a screenshot of them accepting my wife and daughter as dependents and also a screenshot of the awaiting Notification letter to be delivered. . 
    • NOD / DRO or TARP?
      After some digging, I was not able to find my complete original 2009 decision. I did however find my PTSD appeal decision from 2011 and the rating part of my 2009 letter. I must have separated the 2009 letter at some point to prove I had a 10% service connection, but didn't want them seeing the notes. I hope this is enough to maybe point a path. I can't express how much I appreciate what you guy's are doing here. I have never been comfortable sharing this stuff with anyone, To the point that I have been doing this with just my husbands help because I did not want to talk to a VSO that I don't know. But I see on here that everyone is helping everyone fight the same fight. Thank you very much!  In reference to the previous questions: It appears I did file the DRO route, and no, I did not continue the appeal to the BVA. I actually found where I started to fill out the VA form 9, but I was so fed up with the OKC VA back then that I must have said "screw it". Big mistake on my part I know. Appeal Decision 2011.pdf Original Rating 2009.pdf
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      ardodd I agree with pete992 My fellow Veteran Brother Never give up on your claim. you don't have to be a combat veteran to file a claim.   you served and did your time  your a veteran just like the rest of us  so if you have a disability to claim...by all means claim it. These claims are never a piece of cake or sure thing ,we all have to fight for what we get with our str's and..medical evidence and good favorable Dr reports (VA or Private)are great to have  its hard for them to deny that kind of evidence. Now with that said ts been known that some veterans have had all the evidence and medical records under the sun to prove there claim and VA still deny's them! eh! (VA don't read all the necessary Documents some times) So the fight is on and some claims take less and some takes a long ass time. If you get denied  they usually will send you the reason why and send you a NOD (notice of disagreement) to dispute what they denied and you can add more evidence and lay statements.(WITHIN A YEAR) Just ask your questions here on Hadit  and some of the elder members with a lot More & good experience and knowledge of VA Claims can help you. Remember Knowledge is Power! And I my opinion that's what we all Need to fight our claims. Don't sale yourself short Buddy.   ........Buck
    • Progress is Progress - However so Slight ;)
      Texas Marine, at this point it might be worth a shot to call the Office of Case Management, try this number-(202)-930-5470, they should be able to give you up to date information and speed things up possibly. Did you have a video teleconference hearing before a VLJ? That is a long time, I had my video hearing at the RO in June of 2015, I believe on the 22nd, by the 17th of August I had the decision from BVA. I hope that they can provide some help and speed up the process!! If that doesn't work, it might be time to send an email to the VA Secretary. Best of Luck to you!!
    • Dr Ellis IMO
      Let me add, after our appointment, it took a little over a week for me to receive the completed IMO. I am on heavy pain meds right now and making less sense than usual! So, first call the clinic, tell them you are interested in obtaining an IMO from Dr Ellis, they will send you the application, after you complete the application(include it in your packet), and gather all of the records you are going to send, including the Summary of Records list, send it off, they will call you as soon as they receive it and usually the appointment timeframe is anywhere from 1 1/2-2 months after they receive your packet. However, after the appointment you will receive the complete IMO usually within 2 weeks, max.

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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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