Quick question re: DOD vs VA rating

Siligurl

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hi! I know DOD rates only the unfitting condition. How is this determined? Am I remembering right that they take the VA rating of the unfitting condition??
 

Pac942

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hi! I know DOD rates only the unfitting condition. How is this determined? Am I remembering right that they take the VA rating of the unfitting condition??
They take the VA rating as a highly weighted suggestion but they are not obligated to match it.
 

bcbberry

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hi! I know DOD rates only the unfitting condition. How is this determined? Am I remembering right that they take the VA rating of the unfitting condition??
"Within the DoD IDES MEB/PEB process, the DoD doesn't provide any PEB disability rating percentages. As such, the DoD must adopt (e.g., accept) the DoVA disability "proposed" ratings as determined by the DoVA D-RAS for all DoD PEB-referred unfitting conditions."
 

Pac942

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"Within the DoD IDES MEB/PEB process, the DoD doesn't provide any PEB disability rating percentages. As such, the DoD must adopt (e.g., accept) the DoVA disability "proposed" ratings as determined by the DoVA D-RAS for all DoD PEB-referred unfitting conditions."
I stand corrected. that is what the instruction states. I have just read posts on here saying otherwise.
 

chaplaincharlie

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1. What is unfitting is determined by the service. Each service has a document that says what is unfitting. In the USAF it is called the Medical Standards Directory. You can find the standards for the various services in the reference section of this website.
2. The PEB is a personnel decision, medical input is only part of the equation.
3. If DoD find a condition unfitting it MUST use the percentage established by the VA for that condition.

Best wishes
 

DaveK

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Hello fellow Veterans,

Thanks to all of you I now see that the established VA rating must be used. In my case I am rated 90% combined with IU and P&T for 100%. My highest rating is PTSD at 70%. How does the DoD factor 70% plus IU And P&T when determining the rating of the unfitting condition? I also have several other unfitting combat linked conditions such as lung damage. I am a drilling member of the Guard getting slowly medically processed out with just under 15 years mixed active/part-time.

Thank you for the great help,

Dave
 

Siligurl

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"Within the DoD IDES MEB/PEB process, the DoD doesn't provide any PEB disability rating percentages. As such, the DoD must adopt (e.g., accept) the DoVA disability "proposed" ratings as determined by the DoVA D-RAS for all DoD PEB-referred unfitting conditions."
This is what I thought was the case... my impression was that there was a belief (wrong or right) that the DOD was offering smaller percentages perhaps unfairly, and to address this it became policy to accept the VA rating. I couldn't find the "policy" anywhere. Thank you (all) for answering! :)
 

USMCJAG

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I can't speak for the all the services, but I can tell you the Navy/Marine Corps could not care less what the VA rating is. I just received the results from my THIRD IPEB (I've been on TDRL for 3+ years) on Friday, and the proffered rating is still substantially below the VA rating. Of course, I'm going to reject the findings and demand an FPEB.....again.

If anyone has any evidence that the service secretaries are complying with the 2008 NDAA, I'd be interested in seeing it.

My PEB attorney told me it was SECNAV policy that VA 50%'s get "automatically" reduced to 10%, and VA 70%'s get "automatically" reduced to 30%. The reason, in my opinion, that the services don't accept the VA ratings is because retirement pay (of which disability retirement pay is a subset) comes right out of the service's Operating and Maintenance (O&M) funds. Every dollar they pay a retiree to sit at home is dollar they don't have to buy beans, bullets, and band-aids.

There's a special place in hell for whoever thought up TDRL.
 

chaplaincharlie

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@USMCJAG TDRL is different than what the original post was about. TDRL re-evaluations are done by the services. When the VA determines that conditions are likely to improve the services often use TDRL.
 

USMCJAG

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@USMCJAG TDRL is different than what the original post was about. TDRL re-evaluations are done by the services. When the VA determines that conditions are likely to improve the services often use TDRL.
@chaplaincharlie--Unless I'm mistaken, a PEB is a PEB and effective with the 2008 NDAA, DoD is required to accept the VA ratings, and the DoD is supposed to be out of the rating business all together. If you have knowledge of binding legal authority that allows the DoD (or services) to make ratings separate from what the VA assigns, I'd be grateful to know what it is. Like I said, this is my third PEB, and NO ONE, including two PEB attorneys, can show me where the DoD (or services) has ANY legal authority to assign ratings different from the VA. They do it because they can and they figure most people will accept being low-balled. Congress needs to hold DoD accountable.

Anecdotal evidence also suggests that the services are still finding members FIT at a PEB, then admin separating them for failure to deploy or some other similar nonsense--thus depriving them of retirement benefits, a process also specifically proscribed by Congress, but they keep doing it because no one holds them accountable.
 

chaplaincharlie

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@USMCJAG

That may be true, but I'm NOT an attorney. I know it is the practice of the services to reevaluate TDRL members. If it is unlawful, someone ought to call them on that practice.

Does that anecdotal evidence point equal to all services or more at a special service?

Best wishes

MDG
 

USMCJAG

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@USMCJAG

That may be true, but I'm NOT an attorney. I know it is the practice of the services to reevaluate TDRL members. If it is unlawful, someone ought to call them on that practice.

Does that anecdotal evidence point equal to all services or more at a special service?

Best wishes

MDG
I AM an attorney, and I AM calling them on it, which is why I'm still on TDRL 3+ years after separation. I refuse to be low-balled, so they keep stringing me along. I was hoping to find vets in the same situation on this forum. Maybe not enough people know that the service is required to accept the VA rating for the unfitting condition(s).

AdSepping personnel for conditions that should be unfitting is common across the services. It's a cost-saving measure. And illegal. But, unless you know that and are willing to sue your service secretary, no one cares.
 

chaplaincharlie

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I have lots of joint time. I anecdotally believe, the USA forces more people to be AdSep'd or denied re-enlistment, than the other services.

My son was TDRL then low balled and PDRL'd.
 

chaplaincharlie

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@Deno: Will do.

@chaplaincharlie: Sorry about your son. If it was prior to 2008, it was probably lawful, if it was AFTER 2008, probably not. Don't know of any way to fix it.
It was after 2008. Has anyone successfully sued for the military lowering rating during TDRL to PDRL bsed on a loack of lawful authority?
 

Warrior644

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I AM an attorney, and I AM calling them on it, which is why I'm still on TDRL 3+ years after separation. I refuse to be low-balled, so they keep stringing me along. I was hoping to find vets in the same situation on this forum. Maybe not enough people know that the service is required to accept the VA rating for the unfitting condition(s).

AdSepping personnel for conditions that should be unfitting is common across the services. It's a cost-saving measure. And illegal. But, unless you know that and are willing to sue your service secretary, no one cares.
Hmm, nearly a similar situation albeit via the DoD - Army for all of my TDRL experiences unfortunately.

In short and in retrospect, instead of making a DoD LDES PEB decision while in my second TDRL re-evaluation, the DoD - Army just decided to keep me on TDRL for another 18 months which is non-appealable while placed on TDRL. Indeed, I shall not be lowballed while placed on TDRL; as such, the battle continues. Take care!

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

Best Wishes!
 

USMCJAG

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It was after 2008. Has anyone successfully sued for the military lowering rating during TDRL to PDRL bsed on a loack of lawful authority?
Yes. You have to find a lawyer familiar with the PEB side of things, not just the VA side. I understand there are many of them inside/outside the beltway in DC. Warning: it can be expensive, which is why most people give up. Probably find one on Google: "PEB attorney DC."
 
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