Posted on Jul 6, 2023
THIS IS AN OLD POST, I AM RATED AT UNEMPLOYABLE NOW?
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I was injured in 2007 while deployed. Fought with the VA for 15 years. On my own I was able to get 70% disability. With an attorney they determine I was unemployble for which the VA agreed. I fought the National Guard and Army the entire time. They refused to put me in for an MEB. I filed a case in the Federal Court of Claims in pro se. The just helped me obtain an attorney Pro Bono. He helped me with the case and did an excellent job putting pressure on the Army to the point the Army finally put me in for an MEB. I didn't want to tie the attorney up after his many hours so I went to the MEB. The Attorney that was supposedly helping me form the Army told me to take a 10% offer from the army even though the VA gave me 70%. He never advised me of the fact that over 50% can receive concurrent receipt.
I now need to find an attorney that handle Military claims for disability to overturn the 10% rating. Anyone know a reliable attorney? Please let me know.
I now need to find an attorney that handle Military claims for disability to overturn the 10% rating. Anyone know a reliable attorney? Please let me know.
Edited 2 mo ago
Posted 10 mo ago
Responses: 6
VA and DOD ratings generally don’t match. MEB makes a determination on the injury putting you on the board. For example im at 90% VA but the board findings for my knee were 30% as that’s what was the main issue that put up for the board to begin with. 30% is the threshold for medical retirement and as you said 50 and above is another threshold. You certainly should have appealed the 10% to the medical Review board.
Good luck
Good luck
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The two ratings are not applied the same. One is a formula of several medically related/non related issue that have a specific equation the other is less complex. See the DAV and seek guidance/support. It is not likely that you need an attorney.
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SSG Gordon Holmes
The case was settle. The Army did not want to give me any rating, would not even send me for MEB. I filed in the Federal Court of Claims in Washington, D.C.. They finally had an MEB (without my input) and settled with me.
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A1C Medrick "Rick" DeVaney
SSG Gordon Holmes -
~~ GIVE THESE FOLKS A SHOT ~~
VA Hotline Customer Service Representative at [login to see] .
WASHINGTON, DC......
~~ GIVE THESE FOLKS A SHOT ~~
VA Hotline Customer Service Representative at [login to see] .
WASHINGTON, DC......
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Dealing with the VA and military claims can be incredibly challenging, so it's great that you're seeking legal help. Finding a reliable attorney who specializes in military claims for disability can make a big difference.
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In your search for an attorney, consider looking for someone who has experience with military claims and is knowledgeable about concurrent receipt.
When I needed legal advice, https://www.edsmithlaw.com/pedestrian-accidents/ provided me with really helpful insight during our consultation. They might be able to offer some guidance or even a referral to an attorney who can assist you with your situation.
In your search for an attorney, consider looking for someone who has experience with military claims and is knowledgeable about concurrent receipt.
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