Hello,
I ended my TDRL last year in Oct and I was giving a finding of 0% rating from the PEB w/severance in December. I am rated at 70% from the VA and was rated at 30% by the DoD. I had filed an appeal, but the system is so screwed up I did not have time to put my case together. I was assigned a JAG lawyer in 2nd week of Feb this year and an appeal date of March 1st. Which left me with only 3 weeks to get 2nd and 3rd opinions plus I am in school. Was trying to have my finding changed to PTSD since I believe my condition was not the one I was diagnosed with. I explained why I appealed to my JAG lawyer and he told me that my case may not have any merit to the board. So I told him that I would just accept the findings of the PEB which was at 0% w/severance, and I knew before that if my condition was not combat related, my VA disability benefits would be disrupted. So I declined to accept the severance, but yesterday I found out that I was getting a severance from the DoD. I scrambled to call everyone, PEBLO's, DFAS, Navy Personnel, and the VA. I was told by one of the PEBLO at the Naval Hospital San Diego that my VA benefits would not be disrupted? He told me that at 0%, I would keep my VA benefits plus be able to keep the severance, and that I would only have be taxed. As I called around I was told the initial conclusion of, if I accept the severance my VA benefits would stop until the offset is fulfilled.
I have now spoken to 3 people who have confirmed to me that I will not lose my VA benefits and still be able to keep my severance without being a combat related injury. They told me since I was MedBoarded out of service at 0%, nothing will be deducted from the VA in terms of percent? Can anyone confirm this?
Thank You
Doc
I ended my TDRL last year in Oct and I was giving a finding of 0% rating from the PEB w/severance in December. I am rated at 70% from the VA and was rated at 30% by the DoD. I had filed an appeal, but the system is so screwed up I did not have time to put my case together. I was assigned a JAG lawyer in 2nd week of Feb this year and an appeal date of March 1st. Which left me with only 3 weeks to get 2nd and 3rd opinions plus I am in school. Was trying to have my finding changed to PTSD since I believe my condition was not the one I was diagnosed with. I explained why I appealed to my JAG lawyer and he told me that my case may not have any merit to the board. So I told him that I would just accept the findings of the PEB which was at 0% w/severance, and I knew before that if my condition was not combat related, my VA disability benefits would be disrupted. So I declined to accept the severance, but yesterday I found out that I was getting a severance from the DoD. I scrambled to call everyone, PEBLO's, DFAS, Navy Personnel, and the VA. I was told by one of the PEBLO at the Naval Hospital San Diego that my VA benefits would not be disrupted? He told me that at 0%, I would keep my VA benefits plus be able to keep the severance, and that I would only have be taxed. As I called around I was told the initial conclusion of, if I accept the severance my VA benefits would stop until the offset is fulfilled.
I have now spoken to 3 people who have confirmed to me that I will not lose my VA benefits and still be able to keep my severance without being a combat related injury. They told me since I was MedBoarded out of service at 0%, nothing will be deducted from the VA in terms of percent? Can anyone confirm this?
Thank You
Doc
