Bitch'in! So you will be 120% disabled ( 12 10% disabilities). ? Hope that gets you a handicapped parking pass.
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VTU Guam remote gouge
- Thread starter snake020
- Start date
I've never known anyone to go to a contractor to help with a VA claim but know A LOT of folks that got help from Veteran Service Officers at the DAV in particular but also the VFW And American Legion. They can't explicitly tell you what to put in for but can definitely help.
SELRES_AMDO
Well-Known Member
Got it. Thanks
People always told me they received assistance and I never understood what they meant by it.
You might have a couple of 20% items in there. With the law of diminishing returns and how the VA rounds down, the 10% items get watered down quickly. I was at 60% for 2 years and then got a notice from the VA that a cervical strain (I'm guessing from NVGs) was incorrectly adjudicated as 0% and they upped me to 10%. Yay! Except that 10% was of 40%, so that only put me at 64%, so no change in pay.
I had some legitimate issues, but I also had some legitimate issues that I'm surprised they had enough proof of, so I can't complain with what I got.
There's three types of personnel. The individuals on base, who I think are GS, but I may be mistaken. Then there are the various reps that are either at free service places (like DAV) or state offices. The guy I mentioned to Rob is well known in the Jax area and works for the state of Florida (I forget what the office is actually called). Lastly, there are the paid services guys. These people/services will take a cut of any compensation, if you are eligible for any.
I'm not sure how that works for those who might use the last kind and retire with a rating, but not one high enough to receive any additional pay. It's not like they can get money from your reduced tax rate. I'm guessing they just take a fee after the determination letter is received.
Here is some info on them from the VA itself, best place to start is probably the DAV but there is nothing wrong with trying out the others if you find them to be better.
Some states also provide some assistance as well, the Virginia state VA talked up their ability to help at several mando trainings I went through and from what little I've heard they can be big help.
You can also get a lawyer to help but that is usually if you have an appeal after an initial determination, preferably one who specializes in VA cases. I mob'd with a family lawyer who has gradually become a VA claims appeal specialist over the years and he has gotten some pretty good rulings for his clients. I'm not advocating for trying to scam the government but I've known of a few folks who really did rate something that they didn't get, so it is an option if you feel like you need to go that route.
It doesn't actually work that way. They take your highest rating. Let's say it is 20%. Then they take the next highest rating, let's say it is also 20%. You get the first 20%, then they apply the second 20% to what is left. So 20% for the first rating, then 20% of the 80% remaining is 16%. 20% + 16% results in a total of 36%. They continue to do that with the rest of your ratings. Theoretically you could never get to 100%, but the VA rounds up, making 95% the target to get 100% total. I think there are also significant injuries/ailments that will get you 100% automatically.
Bilateral ratings stack differently. If both of your ankles have a rating, then they are added together and then a 10% kicker is applied. You take two ankles with a 10% rating each, "Bilateral" makes it 10% left + 9% right (using similar rule as above), plus 10% of the total (1.9%), for 20.9%. Then the bilateral combined rating, 20.9% in this case, is added just like other ratings using the % of what is left formula.
12 * 10% ratings is 71.75%, rounded to 70% total disability.
As I wrote this post, my breakdown came in. It turns out that my top rated item was rated at 30% plus a bilateral factor making it worth 56.1%. Then a 20% item and 6 X 10% items.
I suppose you can try to "game the system". The interweb is full of attorneys who will promise to increase your VA disability and get you "What You Deserve!" The guy I saw was free, worked in an office of the Vystar on base, and was listed as a POC on my retirement physical paperwork provided by the Navy Branch Clinic. You can do it yourself and get shorted (I did this when I left the Navy), use the people the service recommends, or lawyer up and go for it all. Getting that last 20% would be VERY financially beneficial to me, but honestly, I am pleased with 80%. Greater than 50% gets you Concurrent Retirement and Disability Pay (CRDP). This makes up for the amount of pay (jn the amount of your disability payment) deducted from your retirement pay. Combat Related Special Compensation (CRSC) does the same thing but kicks in at 10%. You have to apply for CRSC, but CRDP is automatic. Also, receiving CRSC requires you to waive CRDP. CRDP is taxable and divisible by a judgement (ie divorce). CRSC is not taxable or divisible. VA disability of course is not taxable or divisible.
For everyone here on AW, DFAS says CRSC is for
Disabilities that may be considered combat related include injuries that occurred as a direct result of:
- Armed conflict
- Hazardous duty
- An instrumentality of war
- Simulated war
According to VA.gov hazardous duty for CRSC purposes includes demolition, flying, or parachuting.
I think that CRSC applies only to that portion of your disability rating that is combat related. But the calculations and examples all seem to assume the combat related portion is the same as the combine VA rating.
Also, there is military disability retirement. That's a whole different thing.
SELRES_AMDO
Well-Known Member
Just curious if big navy solved your problem yet?
I was on long term ADOS orders and am now facing a similar problem. Can't apply for a JOAPPLY billet because the system shows me as active duty. Still being paid active duty salary and no one knows when the system will gain me back to SELRES ?
Thankfully I have a civilian job and don't need the 214 for employment purposes.
Anyone else stuck in DD214 backlog purgatory?
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I finished a 90-day MOB on 01 JUL, and I’m still getting paid while waiting to be demobilized. It’s affecting my ability to do my reserve job, and I am almost certain to owe at least 2 months of pay back to Uncle Sam. I’m sure the DD-214 will come at some point, but I’m more interested in getting back to being a reservist again so I can regain my accesses to the admin-related aspects of the job — and execute some paid drills that nobody should be asking me to repay.
SELRES_AMDO
Well-Known Member
Ugh. Thanks. Do you know if they just backdate the DD214 to your requested separation date?
My biggest issue is I need to get to a drilling unit so I have an observed FITREP for the O-5 board next year. I really don't want a big gap of nothing because I was stuck on active orders and big navy can't get their crap together.
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I’ll let you know when I find out. This is my first and last MOB, so I have zero experience with this. Hindsight being 20/20, I should have opted for 2 weeks at ECRC instead of the virtual demob from home…. Makes me queasy saying that out loud; I don’t think anybody’s ever wished for 2 weeks in Norfolk instead of being home.
Just over two months from actual separation to DD-214, another 5 weeks until I actually affiliated with the reserve. I was assured that this problem was receiving the HIGHEST level of attention and will be resolved by September!
SELRES_AMDO
Well-Known Member
Thanks.
I'm still stuck on active but my leave did zero out on my last LES so maybe some progress is being made.