Lower DOD % than expected? Affects on CRSC?

Hello all,
Looking for some help as I’ve gotten some conflicting answers on this and I’m trying to prepare as I wait to receive my 199 with the proposed DOD percentage.

My VA is proposed at 100% according to my MSC. I’m very thankful; however, my IDES lawyer at Ft Bliss estimated my unfitting DOD percentage to be around 50% based solely on my DBQ. I had a horrible C&P exam and the DBQ doesn’t line up with the historical records in my file. I inquired about differences between 50 and 70% and the lawyer advised she sees no financial link between these. Most of my VA conditions are combat related so I am hoping to pursue CRSC. Would it be worth the fight and extending my time in service to escalate a review to pursue 70%? I am also confused if this would require and formal PEB or VARR. If none of it matters, I’ll move ahead with the expected 50% since it’s still a retirement.

I’m asking all this in the event I may need to retain a private attorney on short notice. I’m trying to maximize my full entitlement for CRSC and I keep getting conflicting info. Thanks for all the support thus far.

 

[S3Mi]

30% DOD and higher is medical retirement. There is absolutely no benefit to pursuing 70%. You won't get paid extra, you won't get an extra benefit that you miss out on at 50%. Sign on the line and move forward. 100% VA and 50% DOD is wonderful.

 

[d001]

How long have you been in? Active Duty?
Also have you served/deployed to any of the PACT Act/Gulf War presumptive locations?

 

[JMATTK]

30% DOD and higher is medical retirement. There is absolutely no benefit to pursuing 70%. You won't get paid extra, you won't get an extra benefit that you miss out on at 50%. Sign on the line and move forward. 100% VA and 50% DOD is wonderful.

That is probably true but not in all cases. It depends on pay grade and years of service. Many of us on the forum receive our residual retirement that is above the 100% VA rate. If my DOD percentage had been reduced to 50 from 70, I would have lost money for the rest of my life.

 

[BigTex]

30% DOD and higher is medical retirement. There is absolutely no benefit to pursuing 70%. You won't get paid extra, you won't get an extra benefit that you miss out on at 50%. Sign on the line and move forward. 100% VA and 50% DOD is wonderful.

I don’t disagree and feel blessed to have a fair shot at compensation. This mostly comes down to difference is 50/70 for DOD in terms of CRSC.

 

[BigTex]

How long have you been in? Active Duty?
Also have you served/deployed to any of the PACT Act/Gulf War presumptive locations?

7 years Active. Current O-3. I served in Iraq/Syria and have a few PACT Act presumptive conditions included in my claim.

 

[d001]

7 years Active. Current O-3. I served in Iraq/Syria and have a few PACT Act presumptive conditions included in my claim.

If you also get rated by the VA for PACT conditions, those *should* be automatically approved as CRSC conditions which would raise your CRSC rating to 60%+.
In your situation, based on years in service, I'd recommend trying to get 70% total CRSC. This includes your referred condition (if deemed combat related by your branch) and PACT conditions.

 

[Provis]

Hello all,
Looking for some help as I’ve gotten some conflicting answers on this and I’m trying to prepare as I wait to receive my 199 with the proposed DOD percentage.

My VA is proposed at 100% according to my MSC. I’m very thankful; however, my IDES lawyer at Ft Bliss estimated my unfitting DOD percentage to be around 50% based solely on my DBQ. I had a horrible C&P exam and the DBQ doesn’t line up with the historical records in my file. I inquired about differences between 50 and 70% and the lawyer advised she sees no financial link between these. Most of my VA conditions are combat related so I am hoping to pursue CRSC. Would it be worth the fight and extending my time in service to escalate a review to pursue 70%? I am also confused if this would require and formal PEB or VARR. If none of it matters, I’ll move ahead with the expected 50% since it’s still a retirement.

I’m asking all this in the event I may need to retain a private attorney on short notice. I’m trying to maximize my full entitlement for CRSC and I keep getting conflicting info. Thanks for all the support thus far.

If everything is good but the DOD% for a condition found unfitting is lower than it should be I would submit a VARR. Little to no risk. The VA rates the conditions so it would just go to a senior rater to review and of course you send in a appeal for a VARR so you can argue why it should be higher. The VARR will result in your % being increased or stay the same. There is little to no risk of it going down unless the symptoms reflect that. So in other words it always a good idea to do a VARR unless they gave you an amazing rating already that isn't justified by your medical records and symptoms.

 

[Provis]

Hello all,
Looking for some help as I’ve gotten some conflicting answers on this and I’m trying to prepare as I wait to receive my 199 with the proposed DOD percentage.

My VA is proposed at 100% according to my MSC. I’m very thankful; however, my IDES lawyer at Ft Bliss estimated my unfitting DOD percentage to be around 50% based solely on my DBQ. I had a horrible C&P exam and the DBQ doesn’t line up with the historical records in my file. I inquired about differences between 50 and 70% and the lawyer advised she sees no financial link between these. Most of my VA conditions are combat related so I am hoping to pursue CRSC. Would it be worth the fight and extending my time in service to escalate a review to pursue 70%? I am also confused if this would require and formal PEB or VARR. If none of it matters, I’ll move ahead with the expected 50% since it’s still a retirement.

I’m asking all this in the event I may need to retain a private attorney on short notice. I’m trying to maximize my full entitlement for CRSC and I keep getting conflicting info. Thanks for all the support thus far.

Also, to answer you question about VARR vs FPEB. VARR is to request increase for a condition already found unfit which is what I assume is your situation. You only request a FPEB if you wish to add additional conditions that were found fit by the iPEB but you believe should be unfit. The other common reasons for FPEB is to argue a condition should be fit if you are trying to stay in OR to argue that a condition found unfit should have a designation that the iPEB didn't include such as combat related designation to a condition already found unfit.

So VARR is very safe with 99% of the outcomes being DOD% stays the same or increases. FPEB means they look at fit/unfit and combat related or not for conditions found to be unfit. One major difference is that a FPEB allows them to look at everything and to make changes even to things you are not protesting. Its not too common but it can and has happened. So if you have a weak case and something to lose such as a medical retirement then it may not make sense to do a FPEB.

 

[jables_delight]

If everything is good but the DOD% for a condition found unfitting is lower than it should be I would submit a VARR. Little to no risk. The VA rates the conditions so it would just go to a senior rater to review and of course you send in a appeal for a VARR so you can argue why it should be higher. The VARR will result in your % being increased or stay the same. There is little to no risk of it going down unless the symptoms reflect that. So in other words it always a good idea to do a VARR unless they gave you an amazing rating already that isn't justified by your medical records and symptoms.

Interestingly enough- I am in the identical situation, thanks for posting this response! Questions below pertain to OP's situation and by association, mine as well.

Would you recommend hiring a private counsel to pursue the VARR? Or go through ADC?

What preparation can be done in advance of the IPEB results for a situation where the DBQ for referring condition highly indicates 50%, but I know I will want to pursue a VARR to increase to 70% which I think is supported by the medical records?

 

[Provis]

Interestingly enough- I am in the identical situation, thanks for posting this response! Questions below pertain to OP's situation and by association, mine as well.

Would you recommend hiring a private counsel to pursue the VARR? Or go through ADC?

What preparation can be done in advance of the IPEB results for a situation where the DBQ for referring condition highly indicates 50%, but I know I will want to pursue a VARR to increase to 70% which I think is supported by the medical records?

I am always going to say private because a well qualified private attorney should be able to put more time in your case than a free one from JAG.

The preperation depends on the facts of your case. That is in itself unique. If you hire private counsel they can tell you the steps to take if any are needed to help you cause.

 

[Grenhep]

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[Joe Shmoe]

30% DOD and higher is medical retirement. There is absolutely no benefit to pursuing 70%. You won't get paid extra, you won't get an extra benefit that you miss out on at 50%. Sign on the line and move forward. 100% VA and 50% DOD is wonderful.

I believe this is incorrect. If you can get more for DOD retirement at a higher percentage, then it makes sense. For example, what if you were a 20 year O4.