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.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??
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??
I stand corrected. that is what the instruction states. I have just read posts on here saying otherwise."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."
"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."
@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.
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).@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
@Deno: Will do.Usmcjag,
It seems your onto something. Keep us posted! Please
@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.
Hmm, nearly a similar situation albeit via the DoD - Army for all of my TDRL experiences unfortunately.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.
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."It was after 2008. Has anyone successfully sued for the military lowering rating during TDRL to PDRL bsed on a loack of lawful authority?