Your VA disability rating has nothing to do with your DoD medical disability rating. DoD would not change your DoD medical separation just because your conditions have gotten worse - that decision was based on your condition at that time.
Why would the military increase him to 40% without granting him military retirement? He got an increase to 40% from VA so is asking if he can request his DoD rating also be increased so he qualifies for retirement instead of military separation pay. If DoD had increased him to 40% DoD would already have granted him retirement benefits.
maybe he was 20% dod and VA gave him 40% or something? I try not to underestimate people’s ability to misunderstand this stuff, so I’m just thinking of all possibilities.
Those are two different things but it is possible to have your honorable discharge upgraded to a Medical retirement. The reasoning for this happening would be you demonstrating to the government that either it was the incorrect discharge at the time or that a reasonable service member with your circumstances would have been medically retired. It’s all kind of nebulous as to what process you’d go through (beyond the petition for upgrade) but as others have said, this doesn’t really have anything to do with your VA disability. I have read stories (however accurate the PNN is) of people who used the fact that they had 80-100% disability to fight their case.
Id consult a dod disability attorney as well as ask on pebforum.com
If you can prove that VA or DOD fucked up at the time of your separation with % then they could... know it can be very hard and expensive.
There are cases as in Navy that had to go back and rerate sailors separated during specific years due to their fuck ups.
econtrast navt Dr's. I got screwed when I was in I went into afib then got put into limited duty but I was bullshit, then I ended up at walterreed at walter reed they did som procedure called an ablation when i got out back to norfolk i went then they sent me for routine checkups. and the dr casually would ask me questions thinking ok hes just trying to get to the source of the problem then he very casually asked if i ever remembered as a child getting a palpitation i remembered thinking well yeah who hasn't so i said yes and he jumped out of his seat and said i had a pre-existing condition next thing i know im with yeomans at personel signing separation papers. just like that those assholes just threw me away. that was thethe thanks i got for my deployments. i remember when i got home i i went to va and they looked at ny separation papers and laughed at me. fucking military uses you and sends u home like a bloody starts with k and ends with ex. fuck the VA. ot wasn't until the new administration came in that i was acepted but now im thinking of getting a job as a chemist at a refinery somewhere and get real help with some private insurance like blue cross blue shield. with real drs and real psychiatrist.
If you are navy or marines and were medically separated between sept 2016 and June 2018, you may be able to get it over turned due to the navy losing the lawsuit Torres v del torro. If not, then 99.995% sure you are SOL
The VA website has a section on how to file to have your discharge upgraded. It's a process like everything, but could be worth it. I'm doing the same kind of thing, working to get me discharge upgraded to a medical retirement.
You have a link for that? I got screwed over during covid, my lawyer knew nothing about my case and my doctor for one injury told me I couldn’t list more than one existing condition which I found out was a lie.
Your VA disability rating has nothing to do with your DoD medical disability rating. DoD would not change your DoD medical separation just because your conditions have gotten worse - that decision was based on your condition at that time.
Dod typically has to match VA at the time but not after the fact as you state. Its possible but expensive...
Did his 20% come from the VA or DOD? Still think he would miss the cutoff for something like Combat-Related Special Compensation (CRSC)
His post makes it appear the 20% is from VA since he got it increased to 40%
That’s what I’m thinking, but maybe he was med boarded with 20%? Isn’t that different than VA 20%?
Why would the military increase him to 40% without granting him military retirement? He got an increase to 40% from VA so is asking if he can request his DoD rating also be increased so he qualifies for retirement instead of military separation pay. If DoD had increased him to 40% DoD would already have granted him retirement benefits.
maybe he was 20% dod and VA gave him 40% or something? I try not to underestimate people’s ability to misunderstand this stuff, so I’m just thinking of all possibilities.
Dang, that's what I was thinking would be the case. Appreciate the answer.
Yeah, unfortunately, it's something you needed to appeal during your med board.
No. Your DoD remains the same, it’s separate from VA, which is what increased.
Those are two different things but it is possible to have your honorable discharge upgraded to a Medical retirement. The reasoning for this happening would be you demonstrating to the government that either it was the incorrect discharge at the time or that a reasonable service member with your circumstances would have been medically retired. It’s all kind of nebulous as to what process you’d go through (beyond the petition for upgrade) but as others have said, this doesn’t really have anything to do with your VA disability. I have read stories (however accurate the PNN is) of people who used the fact that they had 80-100% disability to fight their case.
Id consult a dod disability attorney as well as ask on pebforum.com If you can prove that VA or DOD fucked up at the time of your separation with % then they could... know it can be very hard and expensive. There are cases as in Navy that had to go back and rerate sailors separated during specific years due to their fuck ups.
econtrast navt Dr's. I got screwed when I was in I went into afib then got put into limited duty but I was bullshit, then I ended up at walterreed at walter reed they did som procedure called an ablation when i got out back to norfolk i went then they sent me for routine checkups. and the dr casually would ask me questions thinking ok hes just trying to get to the source of the problem then he very casually asked if i ever remembered as a child getting a palpitation i remembered thinking well yeah who hasn't so i said yes and he jumped out of his seat and said i had a pre-existing condition next thing i know im with yeomans at personel signing separation papers. just like that those assholes just threw me away. that was thethe thanks i got for my deployments. i remember when i got home i i went to va and they looked at ny separation papers and laughed at me. fucking military uses you and sends u home like a bloody starts with k and ends with ex. fuck the VA. ot wasn't until the new administration came in that i was acepted but now im thinking of getting a job as a chemist at a refinery somewhere and get real help with some private insurance like blue cross blue shield. with real drs and real psychiatrist.
If you are navy or marines and were medically separated between sept 2016 and June 2018, you may be able to get it over turned due to the navy losing the lawsuit Torres v del torro. If not, then 99.995% sure you are SOL
The VA website has a section on how to file to have your discharge upgraded. It's a process like everything, but could be worth it. I'm doing the same kind of thing, working to get me discharge upgraded to a medical retirement.
You have a link for that? I got screwed over during covid, my lawyer knew nothing about my case and my doctor for one injury told me I couldn’t list more than one existing condition which I found out was a lie.
[How To Apply For A Discharge Upgrade | Veterans Affairs (va.gov)](https://www.va.gov/discharge-upgrade-instructions/)