Active dury, ratings in today! 20% dod/100% Va, questions

K

Kobe

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Hello all,

Thank you so much to this site for all of the valuable information provided. I am active duty AF with 16.5 years of service. I met with my PEBLO today to go over my proposed ratings and given 10 days to decide.
I am married mil to mil, so medically I am covered. I will be 100% from the VA so medically I am covered there as well. The DOD rated me at 20%. I know the majority of the time everyone says to appeal and get the 30%, however I am not sure that I want to do that. My main question is, what amount or percentage will be recouped from my severance pay?

Here is a list of ratings:
DOD
DDD cervical spine with spondylosis 20%
VA
Migraine 50%
Depression disorder 50%
mid back pain 20%
DDD cervical spine spondylosis(also claimed chronic pain) 20%
Radiculopathy of the upper, middle and lower radiculargroups, left 20%
radiculopathy of the upper.mid,low right(dominant) 20%
right shoulder strain(tendonitis) 10%
left shoulder strain(tendonitis) 10%
right elbow strain with limit of flexion(dominant) 10%
right elbow with impairment or supination 10%
hip strain left with painful motion 10%
left knee strain 10%
bilateral metatarsalgia 10%
tinnitus 10%
sinusitis 10%

host of 0%s
very surprised that I got 0% for epiditimitis as that has been ongoing.

Total VA math is 95 and rounded up to 100%.

Again, with a rating from the DOD of 20% for DDD cervical spine with spondylosis what can I expect to be recouped percentage wise?

Any assistance or opinion is welcomed.
 
Can someone elaborate on this:

the VA rates the soldier for the same condition which the PEB found unfitting and awarded a disability rating, the severance will then become nontaxable income to the separated soldier. If the calendar year during which the soldier was separated has not passed, the soldier can write to the Army Finance Center in Indianapolis requesting that the withheld taxes be rebated.

Where would I find that for the AF? Also, since the VA did rate the for the same condition as PEB does this mean I do not pay the taxes initially or do I just get it all back at refund time? Is this something to trust finance on before I get out?

Thanks everyone.
 
Kobe said:
Can someone elaborate on this:

the VA rates the soldier for the same condition which the PEB found unfitting and awarded a disability rating, the severance will then become nontaxable income to the separated soldier. If the calendar year during which the soldier was separated has not passed, the soldier can write to the Army Finance Center in Indianapolis requesting that the withheld taxes be rebated.

Where would I find that for the AF? Also, since the VA did rate the for the same condition as PEB does this mean I do not pay the taxes initially or do I just get it all back at refund time? Is this something to trust finance on before I get out?

Thanks everyone.
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Okay, Tax free would be applied for your severance pay if it was listed as related to combat (Combat Zone, Combat Related, Training for Combat ect) As far as I know, if the injury(ies) for which you were sent to the board were not listed as any of the previous, you'll be taxed on it.

If you are not combat related, then your offset should only be the 20% disability that was what you were recommended for separation. Because you're at 100%, and without doing the math, I don't know if you take away the 20% rating what you'll be at. (Could still be 100%), then you will not even see a deduction. In my case, my VA is 60% overall. My ankle was my DoD rating, I'm combat zone, so I won't be offset, but if I were, my percentage would still be 50%, because it's actually 63.5%, would take me to 53.5%, I would then pay back that $135ish dollars to offset the severance pay they gave me, so basically I wouldn't see that $135 for like 35 years, ha!

Now, if you are combat related, then depending on the code listed on DD214 for separation (Mine if JEA Combat Enhanced) DFAS may or may not even tax it up front, it seems to depend on the finance office you process through, I was advised by mine that it SHOULDN'T be taxed at all. But in the event it is taxed, you have until Dec of the same year to request a refund from DFAS.

So, if you were to get taxes, and are entitled to it being tax free, you'd follow this:

Go to this website: http://www.dfas.mil/debtandclaims/submitclaim.html#
Click "Submit Online"
Click "Dispute Debt"
Click on "Disability Severance Pay Taxes"
File out the form completely, upload the required documents: VA Letter in it's entirety; Branch Med Board paperwork; DD214; Separation Orders

Now, you can also call them, and fax the required documents to them. I have no clue which is faster, but the online method allows you to track the case. (From conversations with them, it will take 30-60 days to issue the refund) And keep in mind, the VA will not finalize your claim until the day AFTER you get out. So you're looking at 30-60 to get your final award letter (Proposed ratings will not meet their requirements) and then another 30-60 days for your refund assuming you file the claim the same day you get your VA letter.

If you wait until after the tax year, then you'll have to request the refund when you pay your taxes, keep in mind your W-2 will need to reflect it an Non-Taxable income, and if listed as income, it can be a pain to get them to amend it. I'm waiting to see what happens, my ETS is in 2 days (June 6) and finance said I should receive final pay, and severance pay 7-10 business days after I get out, so we'll see.

Hope this helps, let me know if you have any more questions. Once I receive my final pay, severance and all i'll come back and post a new thread so people have a better idea.
 
Thanks so much, I forgot to mention I have no ratings that are combat related.
If I am reading everything correctly, by removing the unfit DOD condition's 20% from the overall VA rating(used the VA calculator) that drops me down to 94 total I believe. So if I end up filing another claim or having something bumped up and make it 95 again rounded to 100, there is no recoupment? Or due to being after the initial rating it doesnt count against the original(current) filing? For the tax portion I believe the paperwork has to be filed 31 December of that year or yes the process becomes more difficult. Headed to finance tomorrow to inquire about all of that, as well as the exact amount of severance and getting it recouped.

Again thanks for info, I will definitely be checking up on your progress. I

In the past couple of weeks I have been tentatively diagnosed with irritable bowels(and it f****ng sucks) so I am not even finalized and I have a new claim to make. Falling apart.

Also, your timeline says you received proposed ratings in January, and your final date of service is June? The timeline is huge to me as my wife and I have an assignment in October(well she has the assignment I'll be a dep lol).
 
They will pay you at the 100% rate, around 3000ish. Then will deduct for recoupment at the 20% rate, something like 200ish, too lazy to look it up. You will receive around 2800ish in your bank account.
 
scoutCC said:
They will pay you at the 100% rate, around 3000ish. Then will deduct for recoupment at the 20% rate, something like 200ish, too lazy to look it up. You will receive around 2800ish in your bank account.
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Excellent, nailed what I wanted to know.

Also, I did ask the PEBLO today if my ratings were permanent and I Was told they were. Where can I find this part out?
 
When you sign off on if you want to appeal your ratings or not, I can't remember the AF's version of a DA 199, there will be an indication if you are PDRL or TDRL.

VA ratings permanency you won't know until you receive the official letter after discharge and they indicate if they have a future exam scheduled or not. It becomes a factor if your dependents wish to utilize DEA benefits.
 
Signed off to accept ratings today. Now just waiting on my separation orders, 30 days of permissive tdy, 38 days of leave. I cant believe it.
 
Kobe said:
Signed off to accept ratings today. Now just waiting on my separation orders, 30 days of permissive tdy, 38 days of leave. I cant believe it.
Click to expand...

Indeed, congratulations on your recent acceptance of the DoD rating! :) Take care! :cool:

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

Best Wishes!
 
I find it odd that the PEB of any service can find that migraines rated 50% by the VA are "fitting." To achieve 50% for migranes the VA found that the migranes were, "With very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability."
 
I'll have the hearing board this month appealing 199 (migraines) trying the DOD get it unfitting, VA gave it 30%.
Any suggestion? Tia..
 
Help help help Good afternoon I have a question so I was found unfit on March 3th today I call my peblo and he says that in the system they already made a decision so basically they already have a 199 but he can't bring it up cause they haven't upload a file Is there any other way to find out what my percentage is or I will just have to wait? Thanks in advance
 
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