PEB Forum Veteran
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.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 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!"