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Originally Posted by tankervet 
1. As I understand all PTSD are rated through DOD disability 50 % temporary. Is this correct? |
No. The rating is whatever the PEB gives. In my experience, the usual result, if a Servicemember is rated at least 30%, is placement on the TDRL. I recently had a case, though, where my client was permanently retired, so that does happen. Now, a bigger question. I believe, if unfitting, PTSD should be rated at a minimum of 50% with placement on the TDRL. The reason for this is Section 4.129 of the VASRD (38 CFR, Chapter I, Part 4). That does state that if separated from the military due to extreme stress, "the rating agency" should rate at a minimum of 50% and schedule a follow-up exam not later than 6 month to re-evaluate. So far, the Services are not acting like this applies to them, but I believe that it clearly does given that the law mandates they apply the VASRD and they are a "rating agency" in my opinion.
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2. I have not gotten my VA rating yet. But here is what I understand. No matter what I am rated from the VA, if its not more than my 50 % from the Army, I will take the Army's disability, except for CRSC. Because I cannot get both.
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Remember, they won't automatically give you 50%. In my opinion, they also are incorrectly rating mental disorders too low. That said, you will likely qualify for CRSC, which will allow you to retain up to 2.5% times years of service of your DoD compensation.
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3. Hypothetically, I receive from the VA 30% for PTSD, which is combat related, and 10% for my back which is combat related and say 20 addition percentage for misc things that are not combat related. I would draw the Army's disability of 50% TDRL plus 40% VA for the combat related but none for the additional 20% unrelated to combat?
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This question is confusing, but if I understand your question correctly, no. Use the calculation from above.
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4. This is the one that will make me look stupid, I'm sure. I have had numerous people tell me that either VA or the Army will send a check to my children each month for a certain amount. I am divorced and have 2 children in which I pay child support on that live with there mother. I have searched this forum and the internet and cannot find anything validating this. I'm thinking it may have something to do with Social Security or something, and that the people who I have heard it from are mistaken.
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Not a dumb question at all. There is an excellent article, in the Army Lawyer, about this issue.
http://www.loc.gov/rr/frd/Military_Law/pdf/12-2006.pdf It is long and may be confusing, but for more info, you should look that over. Be aware, this involves complicated issues of state family law and the interaction with Federal benefits. But there may be some benefit to electing one source of compensation over the other if you are paying under a alimony order. Child support is a different matter. This is something you should consult an attorney about if you have specific questions. The article suggests that there may be some ways to effectively reduce the amount of money available to a former spouse under a division of property. But, note carefully, that the former spouse may want to litigate these issues and you may end up paying anyway. Again, it is advisable to consult a knowledgable attorney about these issues. A final note, some important details of CRDP and CRSC have changed since this article was written.
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5. Lastly, how long is that wait between receiving the PEB findings and getting a retirement date? My PEBLO said it has to be reviewed in Washington, DC, and that it could take a while. She is very nice, but I get the feeling that I am one of her first cases. I've read on here that most people got there "release statement" or whatever its called within a few days.
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It depends in part on whether you agreed or disagreed with the findings. I have recently had clients get an answer back in as few as two weeks when they have agreed. Disagreements run longer, but not drastically. It also depends on the complexity of the case and the workload at the APDA.
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I believe this is all of my questions. Thanks to all who have provided such interesting and helpful discussions and especially to Jason and his expertise.
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Glad we have been helpful!