IPEB Results Have Me Confused

I have been on TDRL for an injured L1-L2 spinal fusion done while on active duty in the navy for 5 years. I just had my last review and instead of remaining 40% they rated me at 20% and want to seperate me with the disability severance. My 5 years are up so I am no longer receiving TDRL pay. And have been really struggling to make ends meet. My back pain has left me unable to work at all since I was seperated in Dec 2004.

I am undecided if I should accept the severance pay or to fight it, I have 1 week left to respond.I am receiving health care from the VA at the moment and single so I am not worried about health insurance, my main concern is the money. Since I cannot work and no longer receiving TDRL. The money is tempting me since I am broke, even though I know its going to be taken out of my VA compensation when I get my award letter, wich I haven't received yet.

I understand the rules that once I get my award letter I can submit that to the DFAS and get the taxes back if I choose to accept the IPEB findings. I am just really unsure of what to do. I do not want to take the money, lose my benefits and screw myself in the long run. But being as I am barely holding on and can't work, I dont know what to do.

My other concern is the way they determine the severance pay amount. Is it based on what my base pay would be now? or 5 years ago? And I also have an issue of NJP the month before being retired. I was late getting back from leave and was NJPd for 1 day UA, the CO just dropped me down to e4 from e5 and thats it since I was getting out anyways. I think I read somewhere that they calculate your highest grade attained. If so it it a big difference in money from e4-e5 when calculating the severance pay.

If I wasn't hurting for money at the moment I think I would reject the findings and request a formal PEB, but right now its putting me in a situation where I am lost. Any helpful advice would be extremely appreciated.
 
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CesarM,

Welcome! I am pressed for time, so will get back to your questions about pay calculations later. But, I did want to respond to your main question about whether to challenge the findings or not. You seem to be suggesting that it will cost you something to challenge the findings and demand a formal. They will provide you with military counsel and pay for your travel to the Formal PEB (although, you can elect to pay for a civilian attorney out of pocket and like most military travel, they reimburse you for much of the out of pocket/per diem after the fact). But, bottom line, you can challenge the findings with no expense to yourself. Were you under the impression that it would cost you something to challenge? I see no risk in challenging, so why not? If I am missing some facts, please explain.

Whatever happens, I hope you get a good outcome. Best of luck!
 
I would suggest you go to the VA and request an appointment with Vocational Rehab. There are two reasons, first, they can help you obtain suitable employment with in your limitations. Second if suitable employment is not obtainable due to your service connected issues, they will document this fact, which will allow you to apply for individual unemployability. If you are unable to work, you are also entitled to social security. If you are unable to work because the injury prevents your usual line of work, rather than the injury preventing all work, you can apply for unemployment. I could be a temporary deal to get you through, after your discharged. I think you should pose the question to jason first because I don't want you to effect your outcome negitively for your board. I know the VA has voc rehab programs that can put you to work quickly, and they have a budjet to hire work effected vets, to work at the va. Keep in mind although you may be hurting for money, it's only temporarily this hard. I can feel confident in telling you think long term. Make sure all your issues are addressed. If your not getting VA comp and pension, and this is a service connected issue, you should be. Are you?
 
Jason is right. If you challenge the decision, won't you remain on TDRL anyway with 50% until your case is adjudicated? If you disagree with the Formal PEB, that is not your last appeal either.
 
VAJumper

The problem is that my 5 years were up Jan 1st. So until this issue is worked out, I wont be receiving any more TDRL, the law is max 5 years. So I am no longer receiving TDRL. I understand the formal peb wont cost me anything. That is not the issue, the real problem for me is that while I request a formal peb and go through the motions, I am not going to receive any money at all, since I already received my maximum 5 years. It really upset because all my other PEB findings came back the same until this last one.
 
Certainly fight it. What is your current VA rating for this condition? Do you ahve separation orders? If so, what is the effective date?
 
I recommend that you fight it all the way!

For now you need to apply for Social Security and are you receiving VA benefits?
 
I am awaiting my VA Award Letter. And I just recently applied for social security so I know its going to be a while before I see SSDI. My main concern right now is if I take the severance, besides losing tricare, wich is not a big deal to me, will I be screwing myself in the long run. I am single without any children so the tricare is not a big deal to me. My other question was about how they calculate the severence amount. Because my discharge orders were e5 but the last 3 weeks before my discharge date I was NJPd from e5-e4.
 
I think you should consider long term very carefully. You may not need it now, but none of us get a crystal ball, once you accept severance it's done and can't be changed. At least with tricare you can see providers outside the VA. Not to mention the fact that Uncle Sam promised to do you right. Anything short of fair treatment ain't right. You have to do what you think is best, but seems we all agree you should get whatever your entitled too. We all have tried to stress this with so many who come on this site looking for advice. You were smart enough to ask, so somthing is telling you to be cautious, and not be hasty. Your current cash crunch won't last forever, think of your future as if it were a dear friend your trying to help. Good luck
 
Severance pay is your base pay x 2 x years of service (minimum of 3 years of service for calculation purposes).

Appeal, appeal, appeal. You have nothing to lose and everything to gain. Severance pay will be gone in the relative blink of an eye, retirement pay lasts forever (at least with your placement on the PDRL). Even if you lose your appeal, your severance pay will still be there.

Keep in mind that it is entirely possible (if not probable) for your VA award to be backdated to when you were separated from service. Simply put, they could owe you quite a bit of money.
 
Cesar,

1. Jason and the other community members who have replied to you are correct- you risk nothing in appealing this decision and have everything to lose by simply accepting the findings.

2. Jason and I both focus our respective law practices on PEB matters. If we are both telling you that there will be no cost unless you hire civilian counsel and no real risk to appeal this decision, then please give it some serious thought. I know that the emotional toll of going through the process and possibly coming up short may be daunting, but it is far better than never having tried at all.

3. Here are my thoughts, for what they are worth:

a. If you believe that this decision is wrong, then you should appeal it
b. You should carefully review your medical records against the rating criteria.
c. After doing so, determine what clarification, if any you need from your current physicians regarding your degree of impairment.

Good luck!

Jack Gately
 
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