Nephew Needs Help Bad

[Jim MAC]

my wifes nephew is on termnal leave due to his medical problems they are kness and back. On the pre discharge VA paperwork he was told he would be rated at 40 percent yet the navy is kicking him out at 20 percent. I thought they changed the rules for a medical discharge does anybody have any info on that. Thanks in advance for any help

Jim

[brokensoldier244th]

Service rating and VA rating are two different animals. I was was discharged 0% for my degenerative disc/trauma, but VA granted 40%. *shrug*

Good luck!

[john999]

You could be 100% for one issue and the military can discharge you for some other issue at 20%. Then the VA rates you at 100% back to the day of discharge. The military has successfully dumped you, and handed you off to the loving arms of the VA.

[Jim MAC]

You could be 100% for one issue and the military can discharge you for some other issue at 20%. Then the VA rates you at 100% back to the day of discharge. The military has successfully dumped you, and handed you off to the loving arms of the VA.

John

I thought I read under the new rules that the military had to rate you for all condtions makeing a service member undeployable. I just trying to find that law its been a change recently.

Thanks,

JIM

[brokensoldier244th]

They may have to rate you, but their criteria and VA's criteria are totally different. Im 'Rated' by the Army at 0% for a traumatic back injury that made me undeployable in my MOS, but my VA rating for it and residuals is 50%.

John

I thought I read under the new rules that the military had to rate you for all condtions makeing a service member undeployable. I just trying to find that law its been a change recently.

Thanks,

JIM

[JR Reihs]

If I were him I would fight the 20% rating, he will lose benefits if he takes it laying down, I think if he got a 30% from the Navy then he would be medically retired.

[Testvet]

the only rule change that I knew of was for PTSD if a soldier has PTSD so bad that he is no longer able to serve on active duty they can no longer put them out on 20% or less they have to put them on TDRL at 50% and before 5 years they either have to permantently retire them at 50% or reduce them to a lower level if the have improved but that seldom happens other than that I don't know about rule changes