Grade Determination Hearing

[WrecklessCajun337]

Don't know if this is the right thread, however I've searched and can't find anything about this topic and I have a question. I'm medically retiring soon. I was demoted a year ago (I deserved it) and they are offering a grade determination hearing. Does anyone know if this affects the compensation as far as money goes? Or will this just be an ID card/paperwork sort of deal. And if anyone has been through this Id appreciate anything you've got as nobody seems to have any answers on this. Thank you in advance.

[TALON II FE]

I think anytime you walk away from bettering your standing, you are making a mistake.  I can't address your specific situation, I do not have any experience with those particulars, BUT I never had any benefit to any of my troops or myself when we left anything on the table.  If they are making it out to be "no big deal", well...it probably is.  They often twist your own Chain into screwing you thru misinformation.  My advice is to take the hearing.  They aren't going to pull a stripe at it, you have nothing to lose but maybe you get a heftier paycheck for a few months while you wait.

[WrecklessCajun337]

Thank you for the reply. You hit the nail on the head. My PEBLO couldnt really answer any of my questions. It's funny because when I asked about this initially, (before I knew of this board) I was told that there was no way to obtain my rank back through retirement as I had heard through the grapevine. 6 months later they offer this as I'm walking out the door. I'm gonna give it a shot. Worst that can happen is they tell me to go fly a kite.

[broncovet]

Well, yes, your "grade determination" hearing could be used as evidence to support your claim.  

A hypothetical example could be that you had symptoms of PTSD in service, and "acted out" your PTSD symptoms,  which apparently resulted in a demotion.  However, that would likely take a doctors statement on this to be probative, but not necessarily necessary right away.  

For example, a doctor could look at your records and make an opinion that your demotion was "at least as likely as not" due to the effects of PTSD.  

Of course, I have no idea if any of this stuff will apply to you. 

It would appear that a decision has been made for you to be demoted, the only issue is how much of a demotion.  Will you lose "1" stripe, "2" stripes, or more?  It could possibly affect the type of discharge you get, also.  

Just keep records of the hearing in a safe place in case you need to use this as evidence later.   

ASk for a copy of the report to be sent to you.  Get their name and address in case you do not get said report.  

If you dispute this report, you can dispute it or other records in your file.

In a nutshell this regulation suggests that if there are errors in your records, you can ask them to be corrected and VA either has to correct them or tell you why not.

§ 1.579 Amendment of records.

(a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:

(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or

(2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official.

(Authority: 5 U.S.C. 552a(d)(2))

(b) The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.

(1) Headquarters officials designated as responsible for the amendment of records or information located in Central Office and under their jurisdiction include, but are not limited to: Secretary; Deputy Secretary, as well as other appropriate individuals responsible for the conduct of business within the various Department of Veterans Affairs administrations and staff offices. These officials will determine and advise the requester of the identifying information required to relate the request to the appropriate record, evaluate and grant or deny requests to amend, review initial adverse determinations upon request, and assist requesters desiring to amend or appeal initial adverse determinations or learn further of the provisions for judicial review.

(2) The following field officials are designated as responsible for the amendment of records or information located in facilities under their jurisdiction, as appropriate: The Director of each Center, Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply Depot, and Regional Counsels. These officials will function in the same manner at field facilities as that specified in the preceding subparagraph for headquarters officials in Central Office.

Edited April 1, 2016 by broncovet

[WrecklessCajun337]

Thank you for the response. Wish I found this website before I went through this process. I'll clarify a bit. I lost the rank a year ago.  I have my ratings (which I accepted) I am gonna be TDRL. I'm out in a few weeks. I guess the real question is will my pay benefit if I am granted my higher rank during the hearing or will I just be able to have an ID card and paperwork stating that I retired at that rank? If I'm correct the pay I'm going to receive is calculated by my base pay. i really appreciate you guys input. They should post a flyer for this website at the entrance to the VA lol. This is really helpful

[TALON II FE]

On ‎4‎/‎1‎/‎2016 at 2:06 PM, WrecklessCajun337 said:

Thank you for the response. Wish I found this website before I went through this process. I'll clarify a bit. I lost the rank a year ago.  I have my ratings (which I accepted) I am gonna be TDRL. I'm out in a few weeks. I guess the real question is will my pay benefit if I am granted my higher rank during the hearing or will I just be able to have an ID card and paperwork stating that I retired at that rank? If I'm correct the pay I'm going to receive is calculated by my base pay. i really appreciate you guys input. They should post a flyer for this website at the entrance to the VA lol. This is really helpful

You didn't mention TDRL previously.  Rank WILL affect your pay for TDRL, as well as the fact that they can declare you 'Fit for Duty' at any time, meaning that your Rank could still have an impact in that situation as well.  This is a no brainer; fight to get it restored.