I was discharged in 8/04 with a 10% disability rating and received 60% from the VA. When I heard about the PEB of course I submitted my information to be reconsidered. The PEB still recommended that I not recieve 30% or more for retirement. I've received all of my information from them, the Navy, and the VA via FOIA requests and feel that they are still wrong in their assessment. Do I have any options left? I thought about hiring a lawyer to sue the military, but do not think I have enough money or knowledge to know how to go about it. Is there an easier way to have my disability percentage re-reviewed by the military without a lawsuit?
Out of Options?
- Thread starter vanceolm
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Personally, I would not worry so much about the military disability rating. In my opinion, the VA rating is the more important one because its the better program. They pay more money per injury and their award is tax-free non-reportable. Also, if you were to recieve both military and va disability, the va amount is subtracted from the military. Example: military gives you $750 per month for everything, the VA decides you should get $600. That doesn't mean you get $1350 per month, you only get the $750, $150 per month from the military and $600 from the VA. If you feel the VA hasn't evaluated you properly, you can simply present new evidence and request a re-evaluation. Just ask the local clinic or hospital how to do it and they can give you the paperwork to file.
Jason Perry
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The rules on suing can be complicated. Though there are some rare exceptions, generally, the rule for those who have had a PEB prior to separation or retirement is that you have to sue within 6 years of leaving the military. The time spent for administrative appeals do not halt the six year clock from running. Given that, it seems that you will be unlikely to have many options left.
As for whether it is worth fighting, I don't think the analysis is as simple as faery_glamour suggests. In some cases, it is true that there is no additional gain to be made by getting a higher rating in terms of money. However, depending on your rank, length of service- which will determine the amount of your retired base pay, you can end up with (sometimes) substantially more money. In addition, there are situations where you can "double dip" from military and VA pay, for example if your conditions are combat related or if you have 20 years or more of service. Finally, do not underestimate the value of the TriCare health care benefit, which would be available to the member and eligible dependents.
To sum up, for some people there is no advantage to a higher rating (or even a retirement finding). But for most folks, it is better to be retired, if for no other reason than having the health care benefits.
As for whether it is worth fighting, I don't think the analysis is as simple as faery_glamour suggests. In some cases, it is true that there is no additional gain to be made by getting a higher rating in terms of money. However, depending on your rank, length of service- which will determine the amount of your retired base pay, you can end up with (sometimes) substantially more money. In addition, there are situations where you can "double dip" from military and VA pay, for example if your conditions are combat related or if you have 20 years or more of service. Finally, do not underestimate the value of the TriCare health care benefit, which would be available to the member and eligible dependents.
To sum up, for some people there is no advantage to a higher rating (or even a retirement finding). But for most folks, it is better to be retired, if for no other reason than having the health care benefits.
