From 80% to 10%, severance pay

BrokenET1

Registered Member
#1
Hey guys. TDRL ET1 here. Just got a letter from big Navy with results from PEB. I went to my appointment in May, and they have decided that I am rated at 10% and will be separated with severance pay. I have a couple questions.

1. I know the VA will recoup the severance. My total VA disability at this point (including multiple medical issues.... not just the one I went to PEB for) is 80%. Will they recoup at the 80% rate or at the 10% rate for the new disability?

2. Has anyone gone to a formal board and had the decision changed?

3. When they recoup the severance pay, will I receive the 80% total disability from teh VA, or will they reduce it to 10% as well?

4. Is there a way to dispute other data on the findings? They list me as 16yrs 2mo, whereas I actually have 16yrs 9mo. This will mean the difference of a year in severance.

I am sure I will have more questions soon, but any help is appreciated.

Thanks everyone.
 

tony292

PEB Forum Veteran
#3
Lawyer the hell up! What is their rationale for reducing you from 80 all the way down to 10? Did your condition drastically improve that much? I doubt it... seems like a dirty trick!
 

Warrior644

PEB Forum Veteran
Registered Member
#4
Hey guys. TDRL ET1 here. Just got a letter from big Navy with results from PEB. I went to my appointment in May, and they have decided that I am rated at 10% and will be separated with severance pay. I have a couple questions.

1. I know the VA will recoup the severance. My total VA disability at this point (including multiple medical issues.... not just the one I went to PEB for) is 80%. Will they recoup at the 80% rate or at the 10% rate for the new disability?

2. Has anyone gone to a formal board and had the decision changed?

3. When they recoup the severance pay, will I receive the 80% total disability from teh VA, or will they reduce it to 10% as well?

4. Is there a way to dispute other data on the findings? They list me as 16yrs 2mo, whereas I actually have 16yrs 9mo. This will mean the difference of a year in severance.

I am sure I will have more questions soon, but any help is appreciated.

Thanks everyone.
Welcome to the PEB Forum! :)

Indeed, requesting a DoD TDRL FPEB hearing is the next step in order to potentially obtaining a favorable TDRL outcome for sure.

In retrospect, since being placed onto the DoD military TDRL, what type of medical evidence and/or medical documentation do you currently have to fight the TDRL PEB's recommendation at this particular point in time? Since being placed onto the DoD TDRL, does to medical evidence and/or medical documentation support a change in DoD rating to 10% via the criteria as annotated within the 38 CFR VASARD?

Either way, you should immediately seek assistance via the Navy's TDRL PEB attorney office for a TDRL case review and any further prompt TDRL case action. Please don't delay, and always remain positively proactive! Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
 

brohammer

PEB Forum Veteran
Registered Member
#5
I have a feeling this will happen to me. I’m at 70 % both and immediately after I got my orders for Sep the doc initiated a cut on medication dosage, trying to get me lowered to no meds within 2 months, which will obvs lower my ratings. They been saying I’m crazy crazy this whole time even though I had not had a single symptoms, but once I get my orders I’m miraculously better in thier eyes. The military has a ridiculous agenda. Get people kicked out and then get them off disability as soon as feasibly possible.
 

SSGDJ

Registered Member
#6
Your VA rating is 80%, your DOD rating is 10%. If you elected to get the severance pay then your VA payment will be withheld until the full severance is paid back. for example....these are just numbers so don't look to much into them. severance is determined by grade and time in service I believe. lets say you are in 10 years as a E6 your severance would be 2 times base pay times 10. so hypothetically your severance would be 76000 minus taxes. Your VA is 80% don't know your situation but we will say 2,000 a month = 24000 a year so basically you are getting a loan from the DOD of 76,000 and the VA is paying it back for you at 2,000 a month for about 3 years then your VA will start to pay again. you can do something to get the taxes back can't remember what it is though. In my opinion I would elect for a retirement rather than a severance, your over 50% VA rated so you will get both when your of age.
 

Broussard077

PEB Forum Veteran
Registered Member
#7
You thinking of non medical separation pay if DOD rates him 10% he only gonna pay that 10% which is 165 or so a month until it's paid back .... disability severance pay is different than regular separation pay
 
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