40% Tdrl 80% Va Rating

[snomanx3]

Hello all =)

I was discharged 40% tdrl from the Navy in Nov06. I applied for a VA claim Apr06 and finally got back my final rating of 80% service connected. Dfas sent me a letter in Dec06 that my retirement rating is 100% and back payed me to Nov06. The dfas check is more then what the VA is going to send.

So now im confused because I was told that the VA will recieve the 40% from the Navy until the "severence" amount is paid. Then I would get only a check from the VA.

With the tdrl thing of 40% and seeing the dfas letter saying im 100%... maybe its the tdrl with the

VA(40% +80%)? I thought the VA doesnt rate diagnosis that the Military rates you for?

Am I only going to get one check or two checks with the Navy check being reduced?

I was only in for 13 years, Iraq x2. So I dont think im eligible for cdrp or cdrc.

I hope to get my VA rating to 100%, so many evaluations were in the grey area and close to increases. Im so miserable and in pain 24/7 taking vicodin to survive. ugh....

[rway]

snomanx3,

You are on the right track. Sorry, it took me so long to get back with you. If you plan to fight the VA for a higher rating, you might fight them on the 2 disabilities that matched the services, if possible. This will help you later when fighting the Navy. You may not think, you will have to, but they do not like retiring any one from TDRL. Meaning, they will try to lower it eventually, and you will be able to prove, that your conditions did not get better, only worse. The Navy, may also see, that your conditions will not get better and retire you quicker.

Your pay, will come from the Navy, until the VA exceeds the amount you get from the Navy. (Either, higher percentages of disabilities from the VA that will total more than 1650, or the Navy lowers your disability ratings)

When they lowered my TDRL to 20%, and a gave me a lump sum severance pay. It was all taxed. But RickB54, is right on the money. TDRL 30% or higher is not taxed.

RWAY