I have received my findings by certified mail advising that I be moved from TDRL, and placed on PDRL and (remain) at a rating of DoD 70%.
This is amazing news for my family, but I’ve noticed something on the proposed ratings that caught my curiosity:
Page 1, item #13:
- states “ the disability did not result from a combat related injury as defined by title 26 u.s. code section 104(b)(3)”.
Sometime last year, I appealed the decision of my PTSD to be combat related. After going back/forth and submitting new evidence, I finally received a letter signed by the Deputy Division Director, Office of Judge Advocate General, granting my appeal for my PTSD to be combat related. I then also applied for Combat Related Special Compensation and have since been awarded a monthly CRSC pay - at 70% (which was TONS harder and a lot more work....)
But when I later tried to correct my DD-214 for a DD-215 for applying a combat code for separation, it was denied immediately. This is because PTSD being secondary to my referring condition; depressive disorder being the first. My refereed condition for separation (and now retirement) is technically for depressive disorder. Then PTSD is listed below it; as ‘schedule II’.
I contacted the IDES attorney and he basically told me that if I wanted to appeal and have those two conditions switched around (PTSD being 1st) that I can, but he strongly advised that I should sign for the 70% and be done with it. This is because it’s been only 1.5yrs as TDRL and I have only had 1 evaluation AND my rating remained at 70%. He says that in all the years he’s been doing this, it’s the first he’s seen.
He also warns me of doing so can have an outcome of those injuries being switched around, but then lower my rating to 50/30%
So I have two questions:
I’m almost certain that since my CRSC is at 70%, that if my DoD rating drops (but still remains 30% and above) that the payable amount of CRSC will increase, and make up the difference - is this correct????
Lastly, is there any real benefit to request that my primary condition is PTSD and having a corrected a correct DD-215 with ‘combat’ being attached for my reason of separation?? I know that my retired pay will then be tax free, but are their any other benefits??
I’m just not sure if the effort of diving back into the black hole is worh it, when I now can just walk away and put this all behind me.
This is amazing news for my family, but I’ve noticed something on the proposed ratings that caught my curiosity:
Page 1, item #13:
- states “ the disability did not result from a combat related injury as defined by title 26 u.s. code section 104(b)(3)”.
Sometime last year, I appealed the decision of my PTSD to be combat related. After going back/forth and submitting new evidence, I finally received a letter signed by the Deputy Division Director, Office of Judge Advocate General, granting my appeal for my PTSD to be combat related. I then also applied for Combat Related Special Compensation and have since been awarded a monthly CRSC pay - at 70% (which was TONS harder and a lot more work....)
But when I later tried to correct my DD-214 for a DD-215 for applying a combat code for separation, it was denied immediately. This is because PTSD being secondary to my referring condition; depressive disorder being the first. My refereed condition for separation (and now retirement) is technically for depressive disorder. Then PTSD is listed below it; as ‘schedule II’.
I contacted the IDES attorney and he basically told me that if I wanted to appeal and have those two conditions switched around (PTSD being 1st) that I can, but he strongly advised that I should sign for the 70% and be done with it. This is because it’s been only 1.5yrs as TDRL and I have only had 1 evaluation AND my rating remained at 70%. He says that in all the years he’s been doing this, it’s the first he’s seen.
He also warns me of doing so can have an outcome of those injuries being switched around, but then lower my rating to 50/30%
So I have two questions:
I’m almost certain that since my CRSC is at 70%, that if my DoD rating drops (but still remains 30% and above) that the payable amount of CRSC will increase, and make up the difference - is this correct????
Lastly, is there any real benefit to request that my primary condition is PTSD and having a corrected a correct DD-215 with ‘combat’ being attached for my reason of separation?? I know that my retired pay will then be tax free, but are their any other benefits??
I’m just not sure if the effort of diving back into the black hole is worh it, when I now can just walk away and put this all behind me.