TDRL 100% to PDRL 70% help

MAJNelsonRET

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Hello @MarvelousMarvin ,

A few comments about pay.

The DoD rating from 100% to 70% results in your retired pay dropping from 75% x high three average base pay to 70% x high three average base pay.
Seventy-five percent is the maximum payable irrespective of DoD ratings at 80%, 90%, or 100%.

You have already seen your retired pay reduced dollar for dollar in the amount of VA compensation. With 21.5 years active duty (I infer) and a VA rating of 50% or more, you should be receiving CRDP not to exceed the dollar amount of the longevity portion of retired pay which would be 21.5 x 2.5% x high three average base pay.

The combination of residual retired pay from the VA reduction/waiver and CRDP cannot exceed the longevity amount.

Others will likely address the other aspects of your case.

Good luck,
Ron
Thank you Ron for the response. I'm not 100% concerned about the dollar amount in retirement pay for the most part. The DoD spent 3 years trying to force me out the military and finally did at 100/100 which I finally accepted realizing I had made a lot of people unhappy and nervous people around me. What I don't want to do it accept a lazy assessment/judgement from the VA & Army that I'm getting better, when there is zero evidence in my medical records or lifestyle show otherwise. I feel I would be giving ammunition to the VA's reduction if I accept the very quick move from TDRL to PDRL @ 70%. Maybe I'm just crazy to think that.
 

RonG

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Thank you Ron for the response. I'm not 100% concerned about the dollar amount in retirement pay for the most part. The DoD spent 3 years trying to force me out the military and finally did at 100/100 which I finally accepted realizing I had made a lot of people unhappy and nervous people around me. What I don't want to do it accept a lazy assessment/judgement from the VA & Army that I'm getting better, when there is zero evidence in my medical records or lifestyle show otherwise. I feel I would be giving ammunition to the VA's reduction if I accept the very quick move from TDRL to PDRL @ 70%. Maybe I'm just crazy to think that.
It was my understanding that the VA rating would not change, but the TDRL rating could be reduced. However, I suspect you are discussing future evaluations by the VA.

In any case I wish you the best.

Ron

See your mailbox for a private message.
 

oddpedestrian

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Did you go to a VA exam and a different examiner for the TDRL re-eval? If so then this isnt good that means two different rating agencies saw evidence that showed your disability was more closely to 70% than 100%. The VA is generally easier to fight because it has more liberal appeal procedures but reductions are the hardest to get back the VA always "digs in" on the denial decision. I would recommend accepting the MEB findings and putting all your effort in getting your VA rating back with P&T so you dont have to go through this again.

I was in a similar predicament the VA had reduced but the MEB continued the rating offering PDRL do you know even with have a separate MEB independent exam that used a more recent VA-DBQ the VA still refused to give my rating back? I had to appeal to the BVA to get it back which took years so even if you had the higher rating from the MEB the VA is not bound to accept it.

Remember that VA progress notes are incredibly redundant just repeating the same things over and over again I find the notes are rather vague not supporting and mitigating the severity of any disability I believe they do this deliberately this is why the exams need to go well. Are you working or going to school? Those would be two big pieces of evidence to support the reduction for a 100% disabling condition.
 
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