Dod vs va

SFC H

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Do you mean, can the VA reduce the disability percentage that was awarded by the DoD?
 

RonG

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Your DoD rating of 80% will not be reduced by anyone; it is permanent (i.e., PDRL). However, as indicated by SFC H, the payment will be at 75% which is the maximum allowed by law.

As you likely know, the amount of your DoD retired pay will be reduced dollar for dollar in the amount of VA compensation received.

Ron
 

Alexandra32

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Your DoD rating of 80% will not be reduced by anyone; it is permanent (i.e., PDRL). However, as indicated by SFC H, the payment will be at 75% which is the maximum allowed by law.

As you likely know, the amount of your DoD retired pay will be reduced dollar for dollar in the amount of VA compensation received.

In other words, VA can't touch the 80% that DOD gave me permanent when they go to reevaluate me?
 

Alexandra32

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Your DoD rating of 80% will not be reduced by anyone; it is permanent (i.e., PDRL). However, as indicated by SFC H, the payment will be at 75% which is the maximum allowed by law.

As you likely know, the amount of your DoD retired pay will be reduced dollar for dollar in the amount of VA compensation received.

Ron
In other words, VA can't touch the 80% that DOD gave me permanent when they go to reevaluate me?
 

Provis

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In other words, VA can't touch the 80% that DOD gave me permanent when they go to reevaluate me?
Yep. The VA has no control over your DOD%. If you were given a DOD percentage and put on PDRL it is permanent. As others have said the max payout for DOD is 75%. So even if you have 80% you will receive 75%. Any VA money you receive will offset your DOD retirement. So if the VA awarded you $1,000 for example then by accepting that VA money your DOD money would be reduced by that same amount. This is better though because the VA money is non taxable. The only changes that could happen is the VA offset could change if your VA rating changes in the future. The difference really is just how much of your pay is taxable verse non taxable.
 

RonG

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Yep. The VA has no control over your DOD%. If you were given a DOD percentage and put on PDRL it is permanent. As others have said the max payout for DOD is 75%. So even if you have 80% you will receive 75%. Any VA money you receive will offset your DOD retirement. So if the VA awarded you $1,000 for example then by accepting that VA money your DOD money would be reduced by that same amount. This is better though because the VA money is non taxable. The only changes that could happen is the VA offset could change if your VA rating changes in the future. The difference really is just how much of your pay is taxable verse non taxable.
Also...if the VA comp is less than the retired pay, the retiree keeps the difference.

Example with VA comp @ 1500 and DoD @ 2000
1. 2000 DoD minus 1500 VA = 500 residual retired pay
2. The retiree also receives the 1500 VA comp

Ron

Edited to add: The residual was already mentioned by Provis...sorry.
 

Bryan022

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so if you are 100% DOD and 100% VA PDRL what happens when it comes to compensation?
 

RonG

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so if you are 100% DOD and 100% VA PDRL what happens when it comes to compensation?
Your question is unclear (to me).

I provided this example for a case where the DoD was higher than the VA compensation.

Example with VA comp @ 1500 and DoD @ 2000
1. 2000 DoD minus 1500 VA = 500 residual retired pay [the Retiree would keep]
2. The retiree also receives the 1500 VA comp


Here is an example when the VA is higher than the DoD retired pay using 2000 for VA comp and 1500 for DoD retired pay:
1. 1500 DoD minus 2000 VA comp = zero retired pay
2. The retiree would receive only 2000 VA comp

Ron
 

Provis

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so if you are 100% DOD and 100% VA PDRL what happens when it comes to compensation?
What @RonG said... You are entitled to both VA & DOD but you can't get both at the same time. So whatever you get from the VA will offset your DOD money. If your VA money is higher than your DOD money then you will receive all of it from the VA and none from the DOD. VA money is preferred because it is tax free.
 

RonG

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Re: "...but you can't get both at the same time."

In cases where there is residual retired pay after the offset, the retiree gets to keep the residual retired pay
PLUS
all the VA compensation.

Ron
 

Provis

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Re: "...but you can't get both at the same time."

In cases where there is residual retired pay after the offset, the retiree gets to keep the residual retired pay
PLUS
all the VA compensation.

Ron
Thanks for clarifying my statement. I meant the same dollars...
 

jordanthegimp

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Yep. The VA has no control over your DOD%. If you were given a DOD percentage and put on PDRL it is permanent. As others have said the max payout for DOD is 75%. So even if you have 80% you will receive 75%. Any VA money you receive will offset your DOD retirement. So if the VA awarded you $1,000 for example then by accepting that VA money your DOD money would be reduced by that same amount. This is better though because the VA money is non taxable. The only changes that could happen is the VA offset could change if your VA rating changes in the future. The difference really is just how much of your pay is
Yep. The VA has no control over your DOD%. If you were given a DOD percentage and put on PDRL it is permanent. As others have said the max payout for DOD is 75%. So even if you have 80% you will receive 75%. Any VA money you receive will offset your DOD retirement. So if the VA awarded you $1,000 for example then by accepting that VA money your DOD money would be reduced by that same amount. This is better though because the VA money is non taxable. The only changes that could happen is the VA offset could change if your VA rating changes in the future. The difference really is just how much of your pay is taxable verse non taxable.
So can the VA change DOD PDRL rating % ? , I received a proposed reduction after RFE exam for my PDRL condition(6817)- 60 to 30%.
 

Provis

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So can the VA change DOD PDRL rating % ? , I received a proposed reduction after RFE exam for my PDRL condition(6817)- 60 to 30%.
You are confusing the 2. You DOD rating is always the same. How the VA rates that same condition can change. The VA isn't changing anything on the DOD side.
 

jordanthegimp

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You are confusing the 2. You DOD rating is always the same. How the VA rates that same condition can change. The VA isn't changing anything on the DOD side.
I understand that the DOD is always the same. How can the VA propose a reduction on that condition if both DoD and VA are both given on the VASRD verbiage.
 

Provis

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I understand that the DOD is always the same. How can the VA propose a reduction on that condition if both DoD and VA are both given on the VASRD verbiage.
The VA can do that. The DOD is rate at the time you get out while the VA can change the rating both up or down if they think your condition has improved or declined.
 

jordanthegimp

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The VA can do that. The DOD is rate at the time you get out while the VA can change the rating both up or down if they think your condition has improved or declined.
Is it possible for the VA to make such a determination to increase/decrease solely on a C&P exam? That is all that is listed as evidence on the letter I received
 
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