Military Vs. Va Rating

[sbrewer]

If the military places you on TDRL with a 50% rating, does the VA also have to rate you at 50% or

do they have different ratings for the same disability?

Thanks,

sbrewer

[vaf]

Sure, by all means there's something you can do about it now. Definitely file for an increase. It would be easier, I was concerned about succeeding in getting the earlier effective date without a CUE, but it's the simpler way and worth a try.

Has he received psychological evaluations periodically from the VA or a private psychiatrist during the last 26 years?

When you file for an increase, copy and cite the parts of his service medical records that support the 70% initial rating instead of the 10%, and ask for the rating to become effective on the same date his 10% kicked in. Again, I'm a bit concerned about what the rating criteria for this condition was 26 years ago vs. what it is today, but considering the difference between the two rating levels, I would guess it still would have been greater than 10%.

Also, if he was treated at the VA for this condition, request copies of the examination records, because that would show that the VA was aware that his condition was beyond 10%. If he's been treated or examined in a VA facility, you'll want to request those records too.

[charbs]

sbrewer, the only common denominator between disability ratings issued by a veteran's branch of service and the VA are the medical diagnositic codes used to identify the disability. As to who gives the higher percentage, Today it is very rare for VA do grant a lower percentage than the branch of service. However considering that the claim goes back 26 years it is possible. Have him file for an increase now w/ his VSO and then file a separate claim for CUE. Wait to get the increase first however because all work will stop on it so action can be taken on the CUE.

[sbrewer]

Thanks everyone for your information. My husband is trying to find a knew VSO. The current one is

suppose to be the AL, however he met with the guy and he was only interested in telling him about

the Church he attends and wanting him to go there. He contacted the DAV and they didn't even want

to talk to him because he had the AL. So where to go from here?

Vicki- to answer your question "Has he received psychological evaluations periodically from the VA or a private psychiatrist during the last 26 years?"

He was seen by the VA yrs ago and some how he quit going(don't know why) and when he called them

about 2 yrs ago, they said they had "lost him." Anyway, he is going there again. He did not see

anyone for a number of yrs.(he needed to in my opnion), so he was on no medication either. He since

that time had a heart attack at age 39 with a quadruple by-pass, and also diabetes. There is several

reference material online linking heart disease to depression and his Phycologist said there is a link.

Some of the material is VA drs. stating this link. I did find a C&P from 26 yrs ago in his records which

I'm sure was different back then than what it is today, however on the top it said C&P 53. I don't know

what this means. Maybe nothing. Also on one page of his records(he is 10%) the Phychiatrist wrote

"disability 30-50%. Any idea why he would write this?

Thanks,

sbrewer