TDRL re-evaluation affecting VA rating

[USMC0524]

Good evening, all,

I was medically separated a little over two years ago from the USMC and placed on the TDRL for mental health. I was rated 70% by the DoD for my mental health condition and 100% by the VA for a combination of conditions. In April I had my first re-evaluation. The civilian I saw asked few questions and I feel I made it clear that my condition had not improved (I struggle to work 10 hours a week and do it mostly to get out of the house and fight my heavy depression, but it doesn’t help the panic disorder). She told me she was not going to recommend I return to service. Yesterday I received a letter from the Navy saying I am to be placed on the PDRL and separated with severance, however, they changed my rating from 70% to 10%. Will this affect my VA rating, or is it strictly for DoD purposes? The POC they gave me in the letter seems clueless about this and entirely unprofessional to boot.

If it’s only for DoD purposes and won’t affect my VA rating, I might just agree to it to be done with the whole situation. However, if it will affect my VA rating, I’d like to fight it. I’ve attended many appointments with the VA for my conditions. In that case that it does, I have no idea what to do. I’ve read on this forum that I’ll need a lawyer, but I don’t have one.

The fact that they changed my rating to 10% but offered complete separation seems like a bait-and-switch almost, as if I’d see that and think nothing of the change in rating as long as I’m done with the whole thing.

Any help is much appreciated. I have now 13 days to give them my answer.

 

[CParker]

You do not get severance pay and placed on the PDRL, and from what you've stated, it looks like they're removing you from the TDRL (30% is the minimum for PDRL).

I suggest you call one of the lawyers located towards the back of the packet and fight this. At 10% you won't be eligible for TRICARE and all base privileges will be cut off. There is no cost.

Your VA rating won't be affected.

 

[RonG]

Good advice by CParker.

Also:
A member who receives separation pay, and who also is eligible for disability compensation from Department of Veteran Affairs (VA), will have an amount, equal to the TOTAL amount of separation pay received, deducted by the VA from the disability compensation awarded. The VA will not deduct separation pay from disability compensation if disability is based on service performed after receiving separation pay.

M21-1, Part III, Subpart v, Chapter 4, Section B - Recoupment of Separation Benefits

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).

-------------------
Ron

 

[CParker]

Since you're on a time crunch, I suggest you get some evidence to back up your statements. Have your doctor write up an evaluation of your health, gather as many statements from friends/family as possible (USMC0524 was like _____ prior to the mental health condition, and is now like ______. This affects ___, ____, and ____, and has caused him to go from ____ (Ex: outgoing, energetic, social) to _____ (Ex: withdrawn, lethargic, reclusive). I believe option D on the form states that you do not accept the findings and that you want a reevaluation. If the reevaluation does not work, you will get a formal hearing where they'll be forced to hear you out.

Don't let them screw you over, they need to take care of you. I would absolutely appeal their current decision.

 

[btaf]

You do not get severance pay and placed on the PDRL, and from what you've stated, it looks like they're removing you from the TDRL (30% is the minimum for PDRL).

I suggest you call one of the lawyers located towards the back of the packet and fight this. At 10% you won't be eligible for TRICARE and all base privileges will be cut off. There is no cost.

Your VA rating won't be affected.

at what point (if any) with the TDRL reevaluation affect the VA rating?

 

[CParker]

at what point (if any) with the TDRL reevaluation affect the VA rating?

If you're worried about it being reduced, I don't believe it is possible in your situation. I've never heard of a mental health VA rating being reduced.

If you receive DoD severance, I believe a stipend is taken from the VA pay monthly until it is paid back. This is an area I'm not very familiar with though, so definitely get a second opinion if you need more info.