Should I appeal PEB decision?

If your unfitting condition incurred in a combat zone post January 28 2008, you keep the severance w/o VA recoupment and you you keep the VA comp for the conditon as well. Again, combat related is not the same as incurred in a combat zone.

Mike
 
Mike, thanks. Yes my conditions occured in a combat zone. Although my back injury was "aggrevated by wearing body armor" says the VA and PEB. My 199 says the following:

"1. The disability disposition is based upon disease or Injury incurred in combat with an enemy of the United States and as a direct result
of armed conflict or caused by an instrumentally or war and Incurred in the line of duty during a period of war (5 USC 8332, ~, and 8303). (This
determination Is made lor ell compensable cases but pertains to potential benefits for disability retirees employed undef Federal civil service.)


"3.The disability did result from a combat-related Injury under the provision of 2fl USC 1().( or 10 USC 10218.
4. The disability severance pay awarded for a disability incurred In a combat zone or Incurred while performlng combat-related operations as
designated by the Secretary of Defense {10 USC 1212)."
 
1 and 3 mean your severance is tax free. 4 means your severance would not be offset by your VA compensation.

Mike
 
Mike, thanks.

Well I am going to take the severance pay, since it will not interfere with my VA disability. I just want to get this whole process over. I am going to check the box saying I disagree with the PEB, but I do not wish to attend another board.
 
Winged777: Do you have your twenty year letter? If so, you can elect to go into the Retired Reserves in lieu of Disability Severance.
 
DCMD I have 18.5 years. So no 20 year letter for me. I was told I could refuse the severance pay, and instead collect retirement at age 60.
 
That would likley be due to 10 USC 12731b. You have a tough choice to make disability severance v. disability retirement. To me it would depend on the amount of severance, the amount of CRSC if given a disability retirement (given the CRSC glitch impact as well) and your need for health insurance for you and your family. So, if you don't understand these aspects completely and clearly as they apply to your situation then you have some homework to do.

Mike
 
Mike, yes I think I do have homework. Well I have been divorced for more than 15 years and I have no children. The amount of the severance pay is more than 100K before taxes. My case manager told me with a 20% rating by the PEB I could not receive CRSC. She is encouraging me to pursue a higher rating with a formal PEB. But, I am not overly excited about taking that route. I just want this whole process to be over.

But I was not involved with misconduct or anauthorized absence. My 199 even says I was not involved in either of those things.
 
Okay, I just got off the phone with the VA(again) and there seems to be no consensus there either. I think the safest route is to not take the severance pay. So far of all the people I have spoken with, or chatted with online, I am getting roughly equal numbers saying I will have or will not have to repay the severance. For those saying the VA will recoup the money, they are saying injuries that occurred in combat make no difference. Since Friday of last week I have probably been in contact with more than 20 people.

It seems to me, that if there is this much confusion, even if the people are correct about not recouping severance pay, there is a damn good chance that somebody in DFAS, or the VA will not have received the memo, and they will make me repay the money anyway.
 
Even the VA liasion officers at Fort Knox and Fort Bragg have given me completely different answers. The VA obviously needs to clarify with their employees what the hell they are doing!:mad:

I agree with you Mike, about what I have read. BUT, the VA employees cannot agree. Seems like a hell of a risk for veterans to take severance pay, until the VA can agree about the course they are taking.
 
grizz13 said:
Only if your mental conditions are unfit by the PEB will you get the 50%from both, if they are fit only VA will give 50%.
Click to expand...
Good conversation...i need some help. Combat related injuries, serving with the Army National Guard, in 2005-2006 with PTSD as one of my issues. I was rated at 10% PTSD by the VA in Jan 2008 (40% total) and my MEB finally completed with 70% TDRL in DEC 2009 (50% PTSD). I am still awaiting my results from a IWA tdrl re-exam on DEC 2011! I appealed the VA rating in July 2008...still no results back.

Questions:
1. Based on this conversation, should the VA rating for PTSD be 50%
2. Will the VA rating of 10% affect my TDRL/PDRL PTSD rating decision?
3. Likewise if my VA appeal gets increased to say 50%, does that have a affect on my TDRL/PDRL PTSD rating decision?

P.S.
The VA appeal has been held up for over 3 years at the Decision Review Officer (DRO) level awaiting a formal hearing(which I requested back in July 2008 paperwork). I switched this approach (1 month ago) to allowing the DRO to make the final decison to speed up this process. Can this be why everything seems to be at a standstill with my case?
 
I also was approved for 40% CRSC. The VA rating being increased over 50% total could help my finances because of CDRP. Any ideas on how to get the VA moving on my appeal? I call the 800-827-1000 number every few months and speak to someone but the person I need to speak to is the DRO out of Pittsburgh. Any contact numbers of this person? Should I just "wait and see" for what I read the VA is overloaded with claims and appeals.

I continue to receive VA and private treatments for my injuries overseas. I also take the VA meds as prescribed.

Thanks
 
I have been reading and came across the pre-stabilizatio discussion... Jason's response on this thread answered a a part of my question(s)

"I have seen it happen many times. I have also seen many times where the member was separated with less than 30%. It all depends on the facts of the case. One issue to watch out for is that if the case is an IDES case, the VA should provide the final rating. This is a big issue, as I have seen the military try to finally adjudicate cases without getting a VA "final" rating. This is an attempt to do a "run around" of the IDES system".

So basically, the TDRL to PDRL (IDES) is in limbo until the VA makes a decision on my July 2008 appeal (6 issues). The TDRL/IDES rating has only 2 issues that were unfit (PTSD and Feet issues) with the feet being rated as stable.
 
You must log in or register to reply here.
Top