I think I should be towards the end of the med board. I was deemed unfit Nov 14, and just received my VA proposal letter last week with the ratings. Are the ratings on proposal letter pretty accurate? Whats next? I feel like I should be getting separated in the next two months or so maybe but not too sure. Also I’m not sure how the DOD rates on their end and how does that affect me? Thanks in advance.
What’s next after VA proposal letter?
- Thread starter MustangGang07
- Start date
Yes the rating on the VA letter are usually what members receive. Waiting on orders is usually next.
Thank you for clarification. Some of this stuff is very difficult to understand.
You are welcome.
DOD uses VA ratings to determine severance or retirement. 30% or more DOD and you are retired. 20% or less and severance. Should have your orders in a few weeks and they will have a NLT date of around 90 days later. That 90 days includes clearing, PTDY and leave.
Ok thank you. So I received a proposal letter of my va ratings. How will dod rating affect that? I haven’t received the dod findings yet. Will I still receive VA percentage monthly if dod gives 20% or less? Does the dod and VA pay you? Sorry it’s just confusing to me.
You should be able to figure out your DOD rating based on the condition(s) which made you "unfit."
Re: "Ok thank you. So I received a proposal letter of my va ratings. How will dod rating affect that? I haven’t received the dod findings yet. Will I still receive VA percentage monthly if dod gives 20% or less? Does the dod and VA pay you? Sorry it’s just confusing to me. "
You will receive your VA compensation irrespective of separation or retirement.
Severance pay is collected from VA compensation in certain cases.
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:
M21-1, Part III, Subpart v, Chapter 4, Section B - Recoupment of Separation Benefits
Ron
You will receive your VA compensation irrespective of separation or retirement.
Severance pay is collected from VA compensation in certain cases.
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.
- VA must withhold all of the Veteran’s monthly compensation until entitlement to the temporary 100-percent rating ends, and
- monthly withholdings thereafter may never exceed the monthly amount of compensation payable based on the disability rating VA assigns the severance-pay disability(ies) immediately after entitlement to the temporary 100-percent rating ends.
M21-1, Part III, Subpart v, Chapter 4, Section B - Recoupment of Separation Benefits
Ron
DoD rating follows the VA rating in MOST cases, sometimes it doesn't... I am an example:
I was rated by the VA 50% for PTSD, the DoD found my PTSD to be fitting as described and evaluated and offered me 0% and took it off my DoD unfitting conditions.
All my other unfitting conditions were agreed upon with the VA ratings as follows:
Migraines 30%
Right and Left Knee pain and limited range of motion 10% left, 10% right and Bilateral approved
Right should dysfunction 20%
Lower back Pain and LIDS 20%
my DoD rating was 70% and my VA rating (with other conditions rated) = 100%
The DoD rating rendered me medically permanently retired. DFAS pays me accordingly .... VA compensation was approved at 100% and will be paid by the VA.
Tons of math on the two checks follows.
That makes more sene thank you. I was rated a total of 80% by va. 70 for ptsd, 10 for tinnitus and 10 for foot fracture. But have not received dod findings so I was just trying to figure out an estimate. If it’s less than 20% will I just get a severance pay and then my 80% monthly for va?
Awesome, after you get your ratings, then you
As for predictions, tinnitus is not unfitting, The foot and PTSD will be evaluated for fitness do you know if these were the conditions that started the MEB?
Awesome, after you get your DoD ratings, then you refer to RonG for all the math and pay that he posted previously. He is the man on that!
As for predictions, tinnitus is not unfitting, The foot and PTSD will be evaluated for fitness do you know if these were the conditions that started the MEB?
You are also not too far away... getting an estimate only gives you something to worry about when you should actually be getting the DoD decision very very soon....
But if I were to guess for you:
Tinnitus 0% found fitting
PTSD 70% (70% is pretty high and requires conditions, some of those conditions that trigger a 70% are unfitting such as uncontrolled violent outburst)
Foot fracture 10% (if you have been on an extended PT profile or undeployable or removed from a deployment roster)
Possibly recommend TDRL depending on how many years of service and if your PTSD and foot fracture is treatable and improvement is possible.
If you have any of the severe conditions of the 70% for PTSD and are stable and not improvable then 70% DoD and PDRL is possible.
Just my opinion.
I just received my findings. 70% DoD on TDRL and 80% va. Will this ever change? If it does, what all does that affects?
TDRL = Temporary Disability Retired List
1. Question: What is the TDRL?
Answer: The TDRL is a list of Army members found to be unfit for performance of military duties by reason of physical disability which may be permanent, but which has not sufficiently stabilized to permit an accurate assessment of a permanent degree of disability. The Secretary of the Army is required by law to maintain the TDRL, and has delegated this responsibility to Headquarters, United States Army Physical Disability Agency (USAPDA).
2. How long can I stay on TDRL?
Answer: Three years (if placed on date is after 1 January 2017). Five years (if placed on date is prior to 31 December 2016). In accordance with the National Defense Authorization Act (NDAA) of 2017, tenure for Soldiers placed on TDRL beginning January 1, 2017 is three years. Soldiers placed on prior to this date are grandfathered and will remain at the five year tenure. The law requires that a final determination be made before the third or fifth anniversary of placement on the TDRL. However, you may be removed from the TDRL at an earlier date whenever a periodic examination discloses that your medical condition has stabilized for rating purposes. The law also directs the termination of Army retired pay and all retiree benefits if a final determination is not made at the end of the three or five years. This cannot be waived.
See this link for more: HRC Homepage <---LINK
Ron
1. Question: What is the TDRL?
Answer: The TDRL is a list of Army members found to be unfit for performance of military duties by reason of physical disability which may be permanent, but which has not sufficiently stabilized to permit an accurate assessment of a permanent degree of disability. The Secretary of the Army is required by law to maintain the TDRL, and has delegated this responsibility to Headquarters, United States Army Physical Disability Agency (USAPDA).
2. How long can I stay on TDRL?
Answer: Three years (if placed on date is after 1 January 2017). Five years (if placed on date is prior to 31 December 2016). In accordance with the National Defense Authorization Act (NDAA) of 2017, tenure for Soldiers placed on TDRL beginning January 1, 2017 is three years. Soldiers placed on prior to this date are grandfathered and will remain at the five year tenure. The law requires that a final determination be made before the third or fifth anniversary of placement on the TDRL. However, you may be removed from the TDRL at an earlier date whenever a periodic examination discloses that your medical condition has stabilized for rating purposes. The law also directs the termination of Army retired pay and all retiree benefits if a final determination is not made at the end of the three or five years. This cannot be waived.
See this link for more: HRC Homepage <---LINK
Ron