TDRL to PDLR question

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Warrior644

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Hello,
I just came back from the VA, I had an appointment with a Veteran Affair Claims Specialist. He Said Just to Accept my 50% Dod Pdrl. That it Won't affect my VA 100% Rating. I asked him if I could claim my Sleep Apnea, Something I was fighting while I Was in service, but now that I'm out the VA conducted a second sleep study and finally concur and gave me a (CPAP). He said No, To leave things the way they are, that it won't make a different. What do you guys think I should do?
In my opinion, I would not base any decision in reference to DFAS military disability retirement pay via a Veteran Affair Claims Specialist. Indeed, your DoVA 100% rating shall not be affected, but your DFAS military disability retirement pay will change. Hence, I would suggest that you directly contact DFAS then make the inquiry to them referencing military disability retirement pay entitlements in your particular situation. Otherwise, contact the OSC (Army), OAC (Air Force) or your military branch's TDRL Legal Counsel Office for additional assistance.

In reference to absolutely not submitting a new DoVA disability claim for Sleep Apnea, I definitely don't agree. As such, if you believe that your Sleep Apnea medical condition started as a result of military service then you should probably should submit a DoVA disability claim. The DoVA Rating Agency will need to assist you to locate the specific military records and/or schedule a C&P examination to obtain additional information prior to any determination for military service connection then evaluation for a potential disability rating percentage.

The bottom line is to please remember that you are still eligible for DFAS military retired pay and DoVA disability compensation pay, but not entitled to both separately since you don't meet the qualifications for DFAS CRDP as based upon your previously feedback (e.g., want DoVA compensation pay in-lieu of DFAS military retired pay).

To that extent, it seems that you will need to decide if the difference between a DoD 70% rating and a DoD 50% rating with your military disability retirement is an acceptable monetary lost at this point? Also, do you meet the basic qualifications for CRSC? Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
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LAVAINA

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Thanks Warrior644 for your feedback.
I'm confused about what you said,

"The bottom line is to please remember that you are still eligible for DFAS military retired pay and DoVA disability compensation pay".
I chose the DoVA Pay it was tax free and much more then DoD. I Can't get Both because I don't meet the DFAS CRDP. I don't understand why my DFAS military disability retirement pay will change" I never had it.

The person at the VA said if I summit a Claim I may open myself up for things that I did't want, IE, Lower my current combine rating of 100% DoVA.
What do you think about this?
 
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Warrior644

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Thanks Warrior644 for your feedback.
I'm confused about what you said,

"The bottom line is to please remember that you are still eligible for DFAS military retired pay and DoVA disability compensation pay".
I chose the DoVA Pay it was tax free and much more then DoD. I Can't get Both because I don't meet the DFAS CRDP. I don't understand why my DFAS military disability retirement pay will change" I never had it.

The person at the VA said if I summit a Claim I may open myself up for things that I did't want, IE, Lower my current combine rating of 100% DoVA.
What do you think about this?
Indeed, you are welcome! :)

Correct, since you elected DoVA compensation pay in-lieu of DFAS military retired pay then you shall receive all of your disability pay from the DoVA only. But, DFAS shall still process (e.g., owe you) your military disability retirement pay. As such, your DFAS military disability retirement pay doesn't terminate just because you elected DoVA in-lieu of DFAS retired pay; you just won't directly receive it from DFAS.

To that extent, the DoVA shall pay you their VA disability compensation amount which shall include the DFAS military retired pay calculated at the current DoD 70% rating amount. When DFAS recalculates your military retired pay at the DoD 50% rate, a lower military retired pay shall result. Hence, internally between DFAS and DoVA, DFAS shall reimburse the DoVA for your DFAS military retired pay amount. When your DFAS retired pay is recalculated at the DoD 50% rate from the previous 70% rate, a lower military retired pay amount shall exist. The interesting question is: Will the DoVA pickup the DFAS difference in pay from 70% down to 50%? If yes, then no worries; your overall DoVA disability compensation pay shall remain the same. If no, then your DoVA disability compensation pay may decrease due to the DFAS monetary difference amount. So, are you willing to accept the potentially lower monetary difference in DFAS military disability retired pay?

In reference to DoVA disability claims, if you submit a new DoVA disability claim requesting an increased 100%"P&T" rating then the DoVA Rating Agency will probably review all of your military service-connected conditions. Although, if you submit a new DoVA disability claim for individual medical conditions then the DoVA Rating Agency is suppose to evaluation only those specific contentions; not all military service-connected disabilities. In retrospect, that's the VA disability claims process as I was informed by a DoVA representative during my tenure in the DoD IDES MEB/PEB process.

Recall that your current DoVA 100% Schedular rating isn't a "protected" rating at this point in time. Therefore, future examinations will be scheduled and a potential lowering of your total combined disability rating (via each individual disability rating/s) may occur at that particular point in time. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
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LAVAINA

PEB Forum Regular Member
Registered Member
Hello,
I just spoke to DFAS about what my 50% DoD PDRL recommendation. She said that DoD will "OFF-SET" DoVA future deop "If it drops ratings %". I do not understand this "OFF-SET" what it means.. Can someone please elaborate how this makes any impact on benefits and compensation?
Thank you very much.
 

LAVAINA

PEB Forum Regular Member
Registered Member
Hello,
I just spoke to DFAS about what my 50% DoD PDRL recommendation. She said that DoD will "OFF-SET" DoVA future deop "If it drops ratings %". I do not understand this "OFF-SET" what it means.. Can someone please elaborate how this makes any impact on benefits and compensation?
Thank you very much.
 

gunner33

New Member
Registered Member
Hello,
I just came back from the VA, I had an appointment with a Veteran Affair Claims Specialist. He Said Just to Accept my 50% Dod Pdrl. That it Won't affect my VA 100% Rating. I asked him if I could claim my Sleep Apnea, Something I was fighting while I Was in service, but now that I'm out the VA conducted a second sleep study and finally concur and gave me a (CPAP). He said No, To leave things the way they are, that it won't make a different. What do you guys think I should do?
I'm currently still active duty and received my sleep study results with mild/moderate sleep apnea. Are you saying that i'll have to get tested again after I get out to make a claim?
 

jeffb

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
If the Military lowered your rating and the VA hasnt the military is in the wrong .
 
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