90% va for broken ankles, knees jaw amongst others, MEB 20%

D

Dogsandjeeps

PEB Forum Regular Member
Registered Member
I was medically discharged Honorable , a few months before the important 9/11 date for the PDBR. Va easily gave me 90% Service Connected. The MEB gave me 20%. Does this seem normal, acceptable?

Is there any benefit to fighting for a higher rating from MEB?


Happy new year,
Thank you,
Tony
 
It would not hurt. If you an get another 10%, you are looking at a medical retirement vs severance. Do you have any more details you can share? What were you unfitting conditions?
 
Dogsandjeeps said:
I was medically discharged Honorable , a few months before the important 9/11 date for the PDBR. Va easily gave me 90% Service Connected. The MEB gave me 20%. Does this seem normal, acceptable?

Is there any benefit to fighting for a higher rating from MEB?


Happy new year,
Thank you,
Tony
Click to expand...
Welcome to the PEB Forum! :)

Indeed, as previously mentioned by the above poster.

Albeit, never default acceptance to any injustices. Take care and happy new year too!

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

Best Wishes!
 
Here goes. 1997 My injuries were from a car accident while active duty. Nothing heroic or epic. My 20% disability from the med board were my crushed ankles. The cg sent me to the air force for many surgeries. Ending up with 2 subtalar fusions and more metal than your average new car. My command pushed me towards social security and va. Va gave me 70% . Mostly for jaw and ankles but lots of zeros for predicted future issues. I wasn't ready for social security. I joined merchant marine and workedin pain but provided a good life for my family. Although working since 1998 , my tdrl closed in March 2001, just missing the pdbr start date of Sept. My youngest joined the Marines in 2014 so I started my new claim. Preparing to retire due to disability.my primary at the VA noticed some things wrong in addition to legs. My brain. She felt I had tbi symptoms. Sent me to nneurolog and tbi dept at va sfo two days of tests, mri, shrinks . They all attribute my deficiencies to a tbi. My initial accident and cause of my service connected injuries had me in and out of consciousness for days. In 98 tbi wasn't even thought of especially for coast Guard. These neurologists all said this was service connected, so I applied. Shot down for tbi but bumped to 90% for knees. I consider ptsd to be something earned in combat or traumatic events. I didn't feel I "earned " it but the shrinks said I did. So I sent it all to a VA TBI attorney and he's fighting it now. I applied to social security and was approved in 2 months with just my va file. So I'm living well on va 90%, social security 100%, and my pension from merchant marine. So even though va says not service connected for tbi or ptsd, the VA drs say otherwise. Is this enough of a base to get my original 20% increased? Or is the tbi just a va thing in this situation? If yes what is the benefit? And is there a cost or possible loss? Since I had a successful career after the coast Guard does that work against me?

I'm OK with leaving it be, just pondering if I'm leaving something on the table.

Thank you in advance. I hope I provided you with enough info.

Tony
 
If you have evidence that at the time of your discharge you were more than 30% disable for an unfitting condition you can apply to BCMR for reconsideration. The process is sloooooow.
 
chaplaincharlie said:
If you have evidence that at the time of your discharge you were more than 30% disable for an unfitting condition you can apply to BCMR for reconsideration. The process is sloooooow.
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Thanks Chaps. The brain proof from then is minimal. That's why I was thinking of waiting for getting va to service connect it with rating department and using that to support my claim with BCMR. That's why I'm running it by the forum here for input. Thanks
 
There is a statute of limitations to apply to the BCMR, however it is often waived in the interest of justice. In my opinion you should try to request individual unemployability with the VA, you have a pretty good shot at getting it since you are getting SSDI.

IU will pay you at the 100% VA rating which is quite a bit more than 90%.
 
I agree with @gsfowler. IU is a good option. GSFowler's advice is spot on!
 
My email popped this thread up today in the search for something else. I figured I'd update the thread in the hopes it might help someone else. I went with cck attorneys. They don't bullshit or advise any shady stuff but man they are bulldogs. I watched a million videos on YouTube to better understand the c and p world. Man I realized I did everything wrong in the past. In the end the VA rated me 100% with permanent and total plus iu and special something or other. I gladly signed over 33% to these attorneys. I sent an app to upgrade my original meb 20% to anything higher based on my newly found service connected TBI. I doubt I'll hear back on that anytime soon. It's been a year. I tried to get a copy of my dd214 from national archives and my whole file has been Lent to the board of corrections. I hope you ladies and gentlemen are well. Thank you for your past guidance.
 
After 20 years and now a 100%va rating would there be any money from an meb upgrade in percentage? I originally got the minimum 20% severance door prize. I'm not expecting anything , but got googling today and now I'm really confused. Thanks
 
Dogsandjeeps said:
After 20 years and now a 100%va rating would there be any money from an meb upgrade in percentage? I originally got the minimum 20% severance door prize. I'm not expecting anything , but got googling today and now I'm really confused. Thanks
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With >= 50% VA rating and Regular retirement (20 years AD): You will receive all your retired pay plus VA compensation. CRDP will be part or all of the retired pay.

With >=50% VA rating and disability retirement, but also qualifies for regular retirement, the following wii occur:
—Retired Pay will be reduced by amount of VA compensation
—CRDP will restore the amount of waived retired pay not to exceed the dollar amount of the longevity portion of retirement pay
—-Residual Retired Pay from the reduction will reduce the amount of CRDP

You receive all your VA compensation in both instances.

Ron
 
Thank you. I don't think I'll get anything out of this except maybe 'retired'. That is fine. VA amount is fair.
 
Retired = Tricare for Life
and many other benefits

Regards,
Ron
 
gsfowler said:
There is a statute of limitations to apply to the BCMR, however it is often waived in the interest of justice. In my opinion you should try to request individual unemployability with the VA, you have a pretty good shot at getting it since you are getting SSDI.

IU will pay you at the 100% VA rating which is quite a bit more than 90%.
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Thank you. I ended up getting 100% VA p and t. Also got iu and special compensation. Along with my SSDI and union pension I'm doing well. So I don't know if I qualify for anything more with a retirement. I think they'd cancel each other out.
 
Dogsandjeeps said:
Thank you. I ended up getting 100% VA p and t. Also got iu and special compensation. Along with my SSDI and union pension I'm doing well. So I don't know if I qualify for anything more with a retirement. I think they'd cancel each other out.
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This is not a recommendation for any type action.

They do not necessarily “cancel each other out.”

Example:
Retirement pay is 4000; VA compensation is 3000

Result:
Retired pay 4000 reduced by 3000 = 1000 residual retired pay
VA compensation paid @ 3000

Ron
 
RonG said:
This is not a recommendation for any type action.

They do not necessarily “cancel each other out.”

Example:
Retirement pay is 4000; VA compensation is 3000

Result:
Retired pay 4000 reduced by 3000 = 1000 residual retired pay
VA compensation paid @ 3000

Ron
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Any affect (effect?) On SSDI?
 
Dogsandjeeps said:
Any affect (effect?) On SSDI?
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I am not reluctant about offering suggestions or info about subjects in which I have some expertise .
However, I know nothing about SSDI.

Good luck,
Ron
 
No worries , thank you for dumbing down governmentese for me. I appreciate it. Final question, is there a way to check on my bcrm application?
 
Dogsandjeeps said:
No worries , thank you for dumbing down governmentese for me. I appreciate it. Final question, is there a way to check on my bcrm application?
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I suspect you mean BCMR, Boards of Correction for Military Records (BCMRs), rather than BCRM.

This organization might be able to assist ...NVLSP <—LINK

Ron
 
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