Posted on May 9, 2022
If Legal told me that the VA can’t pay me no less than 80 percent because of my injury, can the VA still give me less?
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So I spoke to legal and they said that the va can’t pay me no less then 80 percent cause of my injury can the va still give me less?
Posted >1 y ago
Responses: 8
No legal department has anything to directly do with ratings. No one can tell you the outcome accept for the VA. You can once receiving a rating you disagree with by getting legal representation if you choose. There are private organizations that provide guidance for free as most lawyers will not.
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Legal has nothing to do with your ratings. In the MEB process, and in a lot of other processes in the Army, they are notorious for giving advice that is completely incorrect about things they know nothing about. You didn't talk to an attorney that specializes in disability, you talked to a legal person, and most likely a paralegal. If they were enlisted they were a paralegal. It's like someone asking you about the effective range of our anti-missile systems because you are in the Army. Being in the Army doesn't make you an expert on THAAD and being Legal doesn't make them an expert on disability.
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Interesting that someone from "Legal" would tell you that... your DOD rating and your VA rating are not one in the same and just because the DOD gives you a percentage does not meant anything to the VA... Also you DOD rating is based on many factors to include TIS/TIG... If there is someone in legal giving you this advice, in this manner... I would highly suggest getting it in writing and have it as part of your separation packet
Best of Luck
Best of Luck
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SSG (Join to see)
PV2 (Join to see) - does not matter, the DOD rating and VA rating are two different things. That is why I am saying, if they told you this, get it is writing on a official form. I am completely aware of the MEB process.
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MSG Thomas Currie
I doubt anyone in "Legal" gave him advice that was completely incoherent nonsense. As much as I would like to be kind, I think it is much more likely that his listening skills are at about the same level as his writing skills (very nearly zero). Hopefully someone will sit him down and explain the situation to him -- slowly and repeatedly.
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