I have a few important questions, the first two I have not seen addressed on PEB Forum:
1. If, while on TDRL and prior to PDRL, the VA grants a 100 percent finding for Total Disability Based On Individual Unemployability, how does that impact the TDRL re-evaluation decision for DOD/PEB? Simply, let's say you have a 70 percent TDRL Rating, but the VA is compensating for 100 percent (extra-schedular) on that VERY same disability, when DOD/PEB go to adjudicate, which would DOD/PEB base THEIR rating/adjudication decision on, 70 or 100?
2. If a service member under 20 years does get a PDRL adjudication, and they elect VA Compensation only and waive DOD retired pay, do they EVER have the option to go back and waive VA pay for their DOD retired pay instead? I understand VA is tax free and that's what most members elect, but ratings can go down in the future - DOD Retired rating/pay is static and unchanging.
3. If evidence shows worsening of conditions during a TDRL re-evaluation, does VA raise ratings for those TDRL conditions or must you specifically request (file a claim for increase to the VA) that they do so?
4. Can you request an early adjudication/finalization of your case when on TDRL?
@Warrior644 @chaplaincharlie @Jason Perry
1. If, while on TDRL and prior to PDRL, the VA grants a 100 percent finding for Total Disability Based On Individual Unemployability, how does that impact the TDRL re-evaluation decision for DOD/PEB? Simply, let's say you have a 70 percent TDRL Rating, but the VA is compensating for 100 percent (extra-schedular) on that VERY same disability, when DOD/PEB go to adjudicate, which would DOD/PEB base THEIR rating/adjudication decision on, 70 or 100?
2. If a service member under 20 years does get a PDRL adjudication, and they elect VA Compensation only and waive DOD retired pay, do they EVER have the option to go back and waive VA pay for their DOD retired pay instead? I understand VA is tax free and that's what most members elect, but ratings can go down in the future - DOD Retired rating/pay is static and unchanging.
3. If evidence shows worsening of conditions during a TDRL re-evaluation, does VA raise ratings for those TDRL conditions or must you specifically request (file a claim for increase to the VA) that they do so?
4. Can you request an early adjudication/finalization of your case when on TDRL?
@Warrior644 @chaplaincharlie @Jason Perry