Navy- LDES/IDES

[TRiffying]

Hello all, new to the forum and process and have a few questions I can't seem to answer using the search feature.

First and foremost, with all of my well documented physical and mental health conditions I am well on my way to a 100% VA rating, even if it takes some fighting.

1. Are LDES ratings typically under 30%? I'm an E6 @ 13 years and a severance (over 100k if I'm not mistaken) would really set my family up for the future. Can I then use the BDD Program while getting processed via LDES?

2. If you go through IDES, can you appeal for a LOWER rating?

In an ideal world I would want to be 0% DoD/100% VA to prevent recoupment and start receiving VA benefits right away.

 

[dadof2ishard]

You would have to get total and permant 100 percent VA to get healthcare for family, they dont hand it out easy, and you dont wanna pass up Tricare. LDES rating can range, but if you getting discharded for PTSD its a automatic 50 Percent, and it can lower if you improve on TDRL, as for other conditons i have no idea.

 

[Provis]

Hello all, new to the forum and process and have a few questions I can't seem to answer using the search feature.

First and foremost, with all of my well documented physical and mental health conditions I am well on my way to a 100% VA rating, even if it takes some fighting.

1. Are LDES ratings typically under 30%? I'm an E6 @ 13 years and a severance (over 100k if I'm not mistaken) would really set my family up for the future. Can I then use the BDD Program while getting processed via LDES?

2. If you go through IDES, can you appeal for a LOWER rating?

In an ideal world I would want to be 0% DoD/100% VA to prevent recoupment and start receiving VA benefits right away.

I strongly recommend going IDES route. IDES has more protections and LDES works fine until it doesn't and when it doesn't you are screwed and gave up a lot of protections that IDES would have afforded you. Also, IDES means all your VA appointments are done ahead similar to BDD but with IDES you will know your proposed VA ratings before you get out while BDD you won't know until the VA completes them after you get out. Just the fact that you can make sure the PEB uses the VA ratings would be enough for me to choose IDES since LDES they can do whatever rating they want. Also, with a VARR as part of the process for IDES you have a chance to appeal and fix a VA rating issue before it is finalized.

 

[dadof2ishard]

Once you seperate under IDES are your VA rating protected, or can the VA come around later on and re evaluate you on all the conditions you seperated with

 

[TRiffying]

Eek, now I'm unsure lol. 100% for life out of the board being protected would be gucci. Unfortunately that severance is really needed. We got to our first west coast duty station 2 years ago with a good savings. That is now all gone and we are in some serious debt. That severance would be enough to pay everything off, pay closing costs on a nice home, and have a fully funded emergency fund........ oh the choices.

Also, having proposed VA ratings before I get out is something to consider. Can you dispute them or do HLR's etc while going through IDES?

 

[dadof2ishard]

The VA wpuld have to recoup all of that severance pay before you begin to get VA unless your condiitons are combat related.

 

[Provis]

Eek, now I'm unsure lol. 100% for life out of the board being protected would be gucci. Unfortunately that severance is really needed. We got to our first west coast duty station 2 years ago with a good savings. That is now all gone and we are in some serious debt. That severance would be enough to pay everything off, pay closing costs on a nice home, and have a fully funded emergency fund........ oh the choices.

Also, having proposed VA ratings before I get out is something to consider. Can you dispute them or do HLR's etc while going through IDES?

If you go the IDES route then you will get your proposed VA rating along with your DOD ratings that determine if you are separated with severance or medically retired. Also another than Tricare which is a HUGE benefit if you get medically retired with PDRL that will NEVER change. Your VA ratings are not locked in regardless of IDES or LDES. The VA can reduce your compensation at anytime. There is no guarantees with the VA. The chapter 61 retirement with PDRL conditions means a guaranteed check for life and lifetime insurance for you and your family. There is nothing like it. I know that big check sounds nice but remember that you are in the same boat as all other veterans that didn't retire. That means you are at the mercy of the VA. If the VA care goes south you don't have options. Tricare you can choose your provider The VA check isn't guaranteed. The Chapter 61 pension if all conditions are PDRL will result in a pension check for the rest of your life regardless of what the VA does. Also, if you medically retire you are eligible for CRSC which may allow you to receive additional compensation. CRSC is only given to retirees. So if medically separated you won't have a chance to get it. I am assuming you had at least one deployment since you have 13 years in service.

 

[TRiffying]

The VA wpuld have to recoup all of that severance pay before you begin to get VA unless your condiitons are combat related.

I believe this is incorrect, at least they don't take the entire thing? Someone educate me!

 

[Provis]

I believe this is incorrect, at least they don't take the entire thing? Someone educate me!

VA would recoup all VA compensation for the condition that you received severance. if rated 0% for the unfitting condition then there is no recoupment. So if the unfitting condition was 10% then when you get your VA compensation that 10% wouldn't go to you and would start recoupment until the severance is paid in full. So basically severance is just a loan in most cases.

 

[TRiffying]

VA would recoup all VA compensation for the condition that you received severance. if rated 0% for the unfitting condition then there is no recoupment. So if the unfitting condition was 10% then when you get your VA compensation that 10% wouldn't go to you and would start recoupment until the severance is paid in full. So basically severance is just a loan in most cases.

So getting 0% with 100% VA is like winning the lottery?

 

[Provis]

So getting 0% with 100% VA is like winning the lottery?

I mean sure. For all the points i stated earlier I think chapter 61 retirement is much better than that scenario.

 

[PERS-95]

So getting 0% with 100% VA is like winning the lottery?

Yeah, except unlike the lottery system, you don't have the option of picking your numbers. The board makes the decision on your percentages based on medical records. You don't really have a say in it.

 

[Thegwinch412]

So getting 0% with 100% VA is like winning the lottery?

16 years, 10% disqualifying and 100% P&T. Do what’s right for you brother. I chose not to fight for the retirement. After receiving my ratings I was told I wouldn’t be subject to recoupment. I plan on paying off all my debt and starting fresh. Good luck.

 

[mdm495]

How does the recoupment work? Do they take 100% of your disability pay? Or would they just take the difference with that one DoD rating removed until paid off?

 

[RonG]

How does the recoupment work? Do they take 100% of your disability pay? Or would they just take the difference with that one DoD rating removed until paid off?

Hello,

Recoupment is required ONLY when the DoD and the VA BOTH provide a rating or ratings for the same disability or disabilities. This explains the rate of collection/recoupment.

Ron

III.v.4.B.3.b. General Policies Regarding Withholdings to Recoup Disability Severance Pay

Generally, if a Veteran received disability severance pay, VA must withhold from his/her monthly compensation an amount equal to the monthly compensation payable for the disability(ies) for which the Veteran received disability severance pay. VA continues to withhold this amount until it has recouped the amount specified in M21-1, Part III, Subpart v, 4.B.2.d. Important: The monthly withholding may never exceed the monthly amount of compensation payable based on the initial, compensable rating, as defined in M21-1, Part III, Subpart v, 4.B.3.c, that VA assigns the severance-pay disability(ies). If a Veteran has multiple, severance-pay disabilities, each rated 0-percent disabling, and VA assigns a 10-percent disability rating to them under 38 CFR 3.324, no withholding is necessary for these disabilities until VA assigns a compensable rating to one or more of them, individually. Withhold the additional benefits payable because of application of the bilateral factor if the initial, compensable rating included application of the bilateral factor, and entitlement to the bilateral factor was based exclusively on severance-pay disabilities.

Ron