Appealing DOD Medical Retirement post-retirement changes to disability

[Grumpbox]

Has anyone ever heard or know how to obtain an original percentage awarded having been medically retired from DOD???  

SITUATION: I was medically retired in 2011.  I went through the MEB/PEB (DES Pilot Program).  I was just over the 20 year; therefore, I received both, DOD and the VA.  This was a true Medical Retirement, Honorably.

At the time of retirement, I was awarded, I believe 70% DOD ratings.  NOTE: All service connected and other disability awards were processed and awarded while I was active duty.  

One year after retirement, I received a call informing me of a telephonic interview in the near future to evaluate my PTSD.  Well, that time came and the telephonic interview lasted less than 15mins, whereby, I received notice via mail that the DOD would amend my DOD disability slightly (about 10%).  Their rationale was basically labeled to my improved living standards/lifestyle.  

Ha!  Hardly!  Since retirement, I lost a job, my family though divorce, had to pay my X-wife, alimony, half my DOD check (for the rest of my life), and child support.  I lived on $1600.00 monthly.  

My living standards/lifestyle changed???  What moron would believe this???

Any body got any advice if I have a chance to get my DOD back to the 70%

Also keep in mind, that same time frame when DOD cut my percentage, the VA conducted my first/annual C&P since retirement for PTSD.  Lo and behold, they recognized my current hardship/decline in lifestyle and awarded me 100% for PTSD....

What a Paradox... 

[broncovet]

You asked, 

Quote

Has anyone ever heard or know how to obtain an original percentage awarded having been medically retired from DOD???  

The VA pays benefits to Vets, and not to DOD employees.  

Have you ordered your Cfile to see what evidence is in there and what is not?  If not, you should do so and see for yourself what evidence is there.  

You have to focus on military, not when you retired from DOD, assuming you had both.  

[broncovet]

If you were awarded 70 percent from VA, then you may be able to "get that back" as I assume you elected DOD retirement over VA disability.  Again, you need to order your records to find out, its best not to trust your own memory of what happened many years ago, as VA wont.  

[Grumpbox]

Broncovet,

To clarify - it was for 70%...one year later after retirement, DOD dropped it by 10% all based on a 15min phone call.  Legal told me if I rocked the boat and challenged it, that I could risk losing more DOD disability. 

Also, I am tracking on DOD payment vs VA payment, accordingly. 

I keep hearing tons about this "C-File".  I'd really like to get my hands on mine; especially, since I am pending the results of a recent C&P Exam for PTSD.   To be honest, I am having difficulties understanding how to obtain the C-File...

[broncovet]

You get your cfile by asking the VARO for it, and waiting, and waiting, and waiting.  You may also be able to get a copy of the "RBA" from a lawyer if you had a recent BVA decision to which you appealed via a lawyer.  

 

[Grumpbox]

Broncovet - many thanks!  I've called and made contact with the local VSO.  He informed me of a form to fill out and then as you say: "Wait...wait...and wait."  Hopefully, I am a head of the game since I have yet to receive any word/results from my recent C&P Exam.