80% Combined DOD + 100%VA - Question.

Received DA 199 yesterday.

From the DOD I am receiving:
*Behavioral Health= 70% (TRDL) by law
*Migraines= 30% (Permanent)
Combined= 80% (TRDL) + available for CRSC.

VA Ratings Proposed: (unsure of it its P&T since nothing was mentioned in their Proposed ratings except the Educational Benefits for P&T soldiers for dependents that they added)
100%

Spoke to the lawyer today and was mentioned that if I need more time (as I do)- to submit a VARR for Migraines @ 30% to 50%. All supporting documentation is in favor of 50% to include the C&P + Narsum notes/documentation. She said the worst thing they will do is say "No" and leave it as is. (Valid answer?)

Am I an idiot for not accepting the 199 as it stands with DOD 80 and VA 100? Are there repercussions/blow back for requesting a VARR even though I'm proposed 100%? Will the VA lower my ratings for doing this "We gave you 100% a hole be happy and take it, now we will lower your ratings" type of scenario. If the evidence is there for 6+ years of migraine treatment and visits and fully states the 50% criteria is it wrong?

The whole IDES process has been an utter nightmare of unsureness especially with covid, and the overall "not knowing" to better plan for your future and if I am in 30+ more days by requesting an increase it will only help my overall mentality.


Thanks guys

 

[RonG]

Hello @mrlinux444 .

My remarks will be limited to:
--80% DoD = 75% x average high three base pay =DoD retirement (75% is the maximum). The retired pay will be reduced by the amount of VA comp received.
--100% VA with education benefits for dependents = Permanent and Total rating by the VA

You will (with the ratings above) receive the maximum possible unless your VA comp is increased by a SMC.

Opinion: That development is more than most receive.

Ron

 

[mrlinux444]

Is it stupid to not accept the 199 as it stands with 80% DOD and 100% VA vs pushing with the clear evidence that migraines was miscalculated?

 

[RonG]

Is it stupid to not accept the 199 as it stands with 80% DOD and 100% VA vs pushing with the clear evidence that migraines was miscalculated?

I cannot tell you what to do. Recommend you ask your PEBLO for advice and consider what your attorney suggests.

The following does not pertain to your case, but it shows a surprising development in which you might be interested: AFTER Retirement or Separation—What NOT to Do Regarding a VA Rating <---LINK

CRSC info if you need it in the future: A Supplement to CRSC Information <--LINK

Good luck,
Ron