ChaplainCharlie, just a question only somewhat related.
If someone has a mental health rating of 70% from the military and they are PDRL; is it possible that the VA could rate that same exact condition less than 70%, say 50%, or even 30%? Or does it stay at the very minimum at the military percentage?
What is your va rating now. I'm assuming its 70% or better.I am PDRL at 70% for one unfitting condition. That can never change.
I guess the VA has to honor the DoD permanent rating for the single condition when it comes to VA compensation so I must assume it can never go down either.
I'm not talking about IDES. I've been out for six years now.
Technically, I guess it could. Say for instance you are rated 70% dod and VA, then the VA re-evaluates you and lowers the rating. That's the only scenario that i can think ofI'm tracking 100%. So I guess the VA is not obligated to honor a permanent DoD rating and can lower the same exact condition lower at the VA lower than what the DoD permanently rated.
Temporary VA ratings can and sometimes do change. DoD should have placed a member with an unstable condition on TDRL. Once on PRDL it is a done deal.
In my case my unfitting condition was considered temporary by the VA, but DoD placed me on PDRL for that condition using the VA's temporary rating. Once retired, I filed an appeal with the VA and the temporary rating was made permanent.
As far as ratings in general, yes the DoD does not rate anything. Only the VA assigns percentages using 38 CFR part 4. An easier link to use is this https://www.law.cornell.edu/cfr/text/38/part-4 . You can use the VA version but Cornell link is easier to navigate through.
What the DoD does is state how your condition is then the VA uses the words listed on the evaluation and matches them to the charts and paragraphs in the 38 CFR part 4. So if the wording grants or warrants 60 percent but you thought it should have been 70 really the only person you can blame is yourself. Read up on your condition and ask your evaluator use the wording you want. Now if your problem is something like movement like your range of motion of your right shoulder is at 50 degrees and at your evaluation you squeezed out 75 degrees then your rating with be downgraded. This not verbatim just an example.
Some parts of the body and mind are not listed or are blank for percentages, then the percentage is based on ADLs, assisted daily living. If for example you are unable to feed your self half the time then it warrants a 50 percent rating.
It's kind of like GI Joe, "Knowing is half the battle."
I wasn't ware so many people "faked it" in 2006.
To what are you referring? Most of these changes you speak of were driven by the NDAA as a result of the Sabo case. It was the military low balling people on PTSD and assigning them 10% and the boot out the door.