Please advise // get retirement

[Tlomax]

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.

[pacmanx1]

1 hour ago, Stayfocus said:

Remember, anytime you are submitting a claim for increase, or filing a new claim, you subject yourself to a total re-evaluation.

I'm not trying to deter you from filing, it’s knowing what you “Could” possibly encounter.

Been rated 100% schedular P & T for well over a decade and a half and this has never happened to me, I am sure that it may happen but, in my experience, I was just granted a unadjudicated 1998 earlier effective date and my entire file has been open for well over two decades and the VA/BVA/CAVC has not tried to reduce my already service-connected disabilities. 

[Stayfocus]

I adjudicated claim? Are you taking about a reasonably raised by the record claim?

Were you granted eed because of a duty to assist error?

 

17 minutes ago, pacmanx1 said:

Been rated 100% schedular P & T for well over a decade and a half and this has never happened to me, I am sure that it may happen but, in my experience, I was just granted a unadjudicated 1998 earlier effective date and my entire file has been open for well over two decades and the VA/BVA/CAVC has not tried to reduce my already service-connected disabilities. 

 

[Tlomax]

I think i still wasnt being clear with my last question about how to file for it. Let me be more specific. ⁸Can i file through vets app? Do i go to a specific office at the VA in hampton? I was more asking for like "first youll need to gather/scan/print these forms" "then do X and they will ask/need these X things". I am sorry for being vague. So you would recommend I start by? And be prepared to? Any buzz/key words to remember?

[Tlomax]

On 10/6/2022 at 3:02 PM, pacmanx1 said:

Having bad day and focusing but I will try to help and explain. If you are service connected for a mental health disorder or anything not military related, never bring up these facts unless it is part of an already service-connected rating, the VA could try to use it against you. I have asked, what are you already service connected for? What is the breakdown of your 80% rating?  Knowing will help us understand how you should go forward. I am not trying to be nosy it is important. As to trying to get you to 100% P & T, you do not have to file for increase per se, it would be better to file for either secondary issues/disabilities and or totally separate issues.

Yes, it is possible that if you file for secondary issues or service-connected ratings that the VA could re-evaluate your already service-connected rated disabilities but as long as you have current treatment it would be no big deal. Some veterans, VSOs, and VA employees like to tell veterans if they file for additional disabilities that the VA will try to reduce their already service-connected disabilities but that is more fear mongering than anything else. It does happen but as stated, as long as you have updated medical treated that the VA will not try to mess with your ratings and if you file claims for separate issues, it is against VA’s policy to reduce a veteran’s rating just to reduce it. The VA has to show that your disability has gotten better and that is not likely.

Tinitus, 10%

Right knee 10%

They combined these:

Insomnia, adjustment, anxiety: 30%

Sleep apnea 50%

Left knee 10%

Back 10%

***

What it says did not get reviewed at discharge are:

Hearing loss, hemmorhoids, erectile disfunction, migraines, rhinitus, hypertension, corns, acid reflux, fungal/toe, deviated nasal septum

Even though they were on my claim form and included supporting documents.

[pacmanx1]

On 10/7/2022 at 8:57 PM, Tlomax said:

What it says did not get reviewed at discharge are:

I know this is a lot to take in and digest but as stated it seems that you are just beginning and if you are already familiar with this then great.

Sleep apnea 50%, Insomnia, adjustment, anxiety: 30%, Tinnitus, 10%, Right knee 10%, Left knee 10%, Back 10%

Which would round up to an overall combined rating of 80%, you need to get to 95 in order for the VA to round up to 100% combined and schedular.

First things first, a veteran can file for an increase in rating or a new service-connected disability if he/she chooses. When filing for an increase the veteran just needs to show/prove that his/her current service-connected disability has gotten worse or is worse and meets the higher rating percentage. As to filing for a new disability, the veteran must have 1. an in-service event, accident or incident. 2. A current diagnosis and 3. A nexus (a medical opinion) that connects 1 and 2.

If your rating decision has been less than 1-year (365) days, then you should file a disagreement and request a higher rating, but you will still need proof that your symptoms are worse than rated. If it has been more than a year, then you will have to file new/open claims.

Instead of shooting in the dark, trying to get to 100% from 80% is kind of hard but not impossible, IMHO (IN MY HUMBLE OPINION), your mental health rating should be at least 70% but no higher, also your back is rated as 10% and that should be higher. You can also file a claim for migraine headaches, hearing loss, acid reflux, and any other rating you choose. Try to focus on disability symptoms/rating that are more than 10%. ED which is an SMC payment (A little extra above the current rating percentage, about $118.00 a month above your 80% rating).

Now here is the part that you may not like but it is the most important to you. You are going to have to get familiar with 38 CFR part 3 and part 4, these are the regulations that the VA goes by. No, you do not have to know every little thing in these regulations, they are huge, but you do need to know the regulations that deals with your particular claims and or ratings. I say this because you do not want someone/anyone to lie or mislead you and the VA may try, even other veterans and some VSOs. I don’t think intentionally but it does happen. As my signature states, do your own homework.

When filing a disagreement, you must use one of the VA forms 0995, 0996 or 10182 and you will need to look them up to know when and where to use them and when filing a new claim or opening a new claim, you have to use VA form 526 or 526EZ but make sure you attach the evidence and keep a copy because things do get lost with the VA. I am sure others will chime in, but this is just a start, and you have some ways to go. I normally download adobe acrobat and make a copy of all VA forms I send in on my computer, they all are downloadable. Just make sure they are the latest or newest version that the VA is accepting.

You can start with your Local County Veterans Service Office, they can steer you in the right direction but as stated above, make sure you get familiar with your symptoms and your rating requirements.

 

eCFR :: 38 CFR Part 3 -- Adjudication

eCFR :: 38 CFR Part 4 -- Schedule for Rating Disabilities

[blahsaysme2u]

dont give up man....i had all my claims when i got out denied except for tinitus....i had 10% from 2008 to 2013 bc i gave up...

then i met my wife- shes a fighter...she pushed me...

i found hadit- these guys pushed me further...i found a great VSO...i found a great lawyer...now im 100% and fighting for earlier effective dates back to 2008....it can be done man...just dont give up! 

i wish you luck my friend...listen to these guys...they are smart cookies!