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Discussion in 'Informal Physical Evaluation Board' started by Used to Be Army Strong, Mar 16, 2008.

  1. Jason Perry

    Jason Perry Site Founder Staff Member PEB Forum Veteran

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    UTBAS,

    Good to hear you got to at least 30%!

    The question you have to answer is whether it is worth the risk challenging. Since they found the narcolepsy unfitting (hence the 0% rating) you can challenge this in the future TDRL re-evaluations. On TDRL, you will get paid a minimum of 50% of your base retired pay. That is not correct about 60% bumping you up to 75%. The only significance of 75% for pay purposes is that is the maximum award allowed by law. You need to be rated at 80% or higher to receive the 75%.

    In most cases, I would consider the fact that accepting the Informal Board's findings raises an issue of "waiver" of later arguments. But since they found you unfit for the narcolepsy, and you can argue for a higher rating at later hearings, this is less of a factor to consider in your case.

    As Mike suggested, you may not do better once your VA compensation kicks in due to not being CRDP eligible.

    Ultimately, you have to decide what is right for you. You have some risk they could lower your rating, and you will have to reach 60% to get a better deal than you currently have.

    I hope this was helpful. Let us know other questions..
  2. builtgypsy

    builtgypsy PEB Forum Veteran

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    Congratulations! I'd take the 30% and run. If you get rated highly at the VA, you'll be getting more than you will on TDRL, and it'll be tax free. 30% gets you the full benefits of a military retiree though.
  3. RayH

    RayH PEB Forum Veteran

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    UTBAS,
    I agree with the others, take the 30% and fight later. Like the old saying goes, a bird in the hand is better than two in the bush.
  4. AF Cop

    AF Cop PEB Forum Regular Member

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    I know that others believe taking the 30% and moving on is the way to go. For those that don't read everything, 30% on TDRL = 50% retirement pay that will convert to the lower % when removed from the TDRL. Just remember to push for the higher rating as time goes by. If the VASRD clearly defines your issues at a higher rate, then the military should as well. Perhaps not now, but sometime in the next five years (should you remain on TDRL for that period) another board needs to be done and the VA rating will prove important in that process. Enlist the help of a Vets Rep (DAV, VFW, etc.) to assist in the process as early as you can.

    AF Cop
  5. rudyesmi

    rudyesmi PEB Forum Regular Member

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    Thanks for the info AF Cop. I had no idea that TDRL % of less than 50 is 50%. That does make a big difference and something that allot of folks, like myself, are unaware of. I'm new to the whole MEB process so I guess it takes a bit.

    R
  6. DDWUSN

    DDWUSN PEB Forum Veteran

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    Newbie, trying to ensure

    So, what you are saying is while on TDRL you will receive 50%. Is that base pay or high 3?

    Also at the 2nd or 3rd evaluation can the rating % be increased over what the IPEB or PEB recommended?

    One more question for anyone who has the for sure answer. For CRDP does the 50% rating have to come from VA or DOD? DOD told me it was VA, VA told me it was DOD.

    I have 22 years with a recommended 40%, 1 30% and 1 10% with bilateral. IPEB recommendation along with UNFIT and TDRL.

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