Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

Please advise // get retirement

Rate this question


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.

Link to comment
Share on other sites

Recommended Posts

  • 0

This information is amazing thank you, all of you 🙂 i think based on what i have been told ill start by opening new claims for the unreviewed conditions, and see if that can bump me up to 95/100; then if that doesnt get me there, then ill try and claim for higher on the original ones. Considering i get completely floored for 1-2 days everytime i get a migraine, AND i have confirmed hypertension in which my doctor has sworn me off caffein and monsters which i used to CHUG. Im talkin the BFC cans. I used to slam those, in pensacola for my rate change school to IT i was drinking a coffee called jet fuel, with caffeinated creamer, and lots of sugar. Like a whole chonky gatorade bottle full. I imagine thats why my blood pressure got so angry/high. Ya night classes with morning PT in swamp weather.

Link to comment
Share on other sites

  • 0

get you a good VSO...shop around...talk to the DAV and VFW...they are both free...

i didnt have much luck with my local ones but they are different all over the country...see which one makes you feel warm and fuzzy...i live in Virginia and they provide a state VSO that has been the best out of any i have worked with in the past.....if you have a state VSO program check them out too...they usually have more funding- Virginia provides free lawyers for opinions and representation if you go to the board of appeals- your state may do the same! 

Good luck bud

Link to comment
Share on other sites

  • 0
14 hours ago, Tlomax said:

I in fact am in virginia

AMAZING! i am in Roanoke btw! if you ever need to sit and talk hit me up bud!

go here- our state has one of the best VSO programs out there! dont waste your time with DAV or VFW in my opinion! 

 

https://www.dvs.virginia.gov/benefits/disability-compensation-pensions

 

Edited by blahsaysme2u
forgot link
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • RICHKAY earned a badge
      One Month Later
    • pacmanx1 earned a badge
      Great Content
    • czqiang1079 earned a badge
      First Post
    • Vicdamon12 earned a badge
      Week One Done
    • Panther8151 earned a badge
      One Year In
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use