Different Vasrd Codes For Va Disability And Peb

[olesh]

I was placed on TDRL in 2009 for dysthymic disorder, VASRD 9433. The VA rated me at 30% then reevaluated for 80% for major depression, VASRD 9434. I just signed my IPEB paperwork for separation with severance for the dysthymic disorder.

My question, since the VA rated me for something similar but a different VASRD code, will they still be allowed to recoup the severance through my monthly disability?

Thanks for any advice. Hoping some here have been through this situation.

[Berta]

Does your PEB info or NARSUM mention the 80% Major depression?

Is the 80% a combined rating?

That is a good question you asked and I don't have the answer but hopefully someone here will.

Do you have access to a PEBLO (Physical Evaluation Board Liaison Officer?) They should know the answer but they are hard to find.

[Berta]

Maybe something here will help as well:

Check out Justrlik's link in this thread:



and this pdf (USCG)
http://www.uscg.mil/legal/PDES/PDES%20FAQ.pdf

With a 80% rating you could possibly be eligible for TDIU. (Total Disability based on Individual Unemployability )paid at the 100% rate of compensation)

And also possibly even CRSC or CRDP:
http://www.uscg.mil/ppc/ras/CRDP-CRSC-News.asp

[olesh]

Thanks Berta. PEB only has dysthymic disorder listed. That is what put me on tdrl and what got me separated. Only the VA has depression and I'm rated 70% for it. They are two different diagnoses with the major difference being duration, I think. Just wondering because the law clearly states the VA can only recoup money when providing disability compensation for the same condition disacharged for. In my case, its obviously two different conditions.

[carlie]

Thanks Berta. PEB only has dysthymic disorder listed. That is what put me on tdrl and what got me separated. Only the VA has depression and I'm rated 70% for it. They are two different diagnoses with the major difference being duration, I think. Just wondering because the law clearly states the VA can only recoup money when providing disability compensation for the same condition disacharged for. In my case, its obviously two different conditions.

I believe the vba will see it as one condition and recopu any separation pay.

jmho

[olesh]

I hope that's not the case Carlie. It is two separare VASRD codes. They can't just change it now because it would benefit them, can they?