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Please advise // get retirement

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Tlomax

Question

When i went through peblo and disability; despite having been on limdu for like 2 years, and having treatments and physical therapy; dod gave me zero disability percentage. Even though my ship duty screening was a heck no.

I chose to be honorably discharged, rather than fail prts or not be accepted to a command; as recommended by my peblo 

I was told once the VA gave me any rating over 60%, they could then file to get my retirement back because i should have been medically retired. I am currently 80% disabled.

Does anyone know the process on how to get that retirement back? Im not even super concerned about the back pay i was told i would get either. Furthermore not even all of my conditions were reviewed to get that 80% anyway. Please advise.

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  • HadIt.com Elder

Bronco

         Your story really pisses me off due to the hardships you faced while the VA fooled around with your claim.  I am glad you got your retro and house back.  When I got fired from my job due to my disability I got tunnel vision.  The only thing I thought about was getting every penny I could as a disabled person.  It obsessed me for a couple of years. While waiting for SSDI and worker's compensation to come in I lost about 25 pounds.  Finally I got SSDI and WC.  That put money in my pocket so I could work on TDIU/100% without feeling like the world was crashing down around me.  Since I got TDIU I have filed at least 6 claims.  I won every one of them except my CUE for retro.   I do fine down here in Florida except for dodging hurricanes.

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Right John.  Many times a "homeless Veteran" is really a Veteran waiting on appeals or his claim.  

Worse, at least some of the 22 Vets per day who take their own life do so in no small part to economic crashes, often caused by the VA.  

It seems like VA's "homeless program" consists of making as many Vets homeless as possible by delaying their claims and appeals for as long as possible.  

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8 hours ago, Tlomax said:

Mine says service connected, 80 percent; it doesnt say combat related on my printout benefits verification letter. Also as of july of this year its been more than 6 years since i seperated. I hope that doesnt screw me somehow.

Get a copy of your cfile, and and hire an accredited va attorney.

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On 10/3/2022 at 8:00 PM, Whodat said:

When I applied for my crsc, I did not have a lawyer. I did provided that I one served in a combat zone. 2 I did have a serviced connected disability that was related to combat which was rated at 50 and was annotated on my disability rating sheet as combat related with a 50 percent rating. 3 i applied within the time period of 6 years after service. I was approved without an attorney. 

Is your sc conditions combat related and is it annotated on your ratings ie PTSD combat related 50 percent?

Every claim/appeal is different. Every rater, hlr/supplemental appeal is different, every BVA appeal is different.

Hire an accredited va attorney and let them fight for everything for you.

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On 10/3/2022 at 5:30 PM, Tlomax said:

So it appears i will need to look into CRSP and PDBR. I was also advised to call a VSO to discuss. Most are closed right now; but i appreciate your feedback. I know people probably ask alot; but do you typically require a lawyer for either of those?

An accredited va attorney will fight for all that you are entitled to, a vso has no vested interest in your claim or appeal, they get paid wether they help one or a thousand veterans.

An attorney has a vested interest in your case because that’s how they get paid.

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On 10/3/2022 at 4:01 PM, Whodat said:

I am sure that my elders will chime in but you are must qualify for either crsc or cdrp. If you are a combat vet, you will fall under crsc. There is a downloadable form . I can attach the form but I do not know if you are a combat vet. Don't want to send the wrong form.  

You don’t have to be boots on the ground to be listed as combat veteran.
It depends upon the year you served.

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