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?

PV2 Private RallyPoint Member — Mon, 09 May 2022 06:26:35 -0400

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?

Response by SFC Ralph E Kelley made May 9 at 2022 6:54 AM

SFC Ralph E Kelley — Mon, 09 May 2022 06:54:36 -0400

I would have Legal to represent you "Pro Bono". Just in case you lose your lawsuit.

Response by SSG Private RallyPoint Member made May 9 at 2022 8:15 AM

SSG Private RallyPoint Member — Mon, 09 May 2022 08:15:13 -0400

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

Response by LTC Ray Buenteo made May 9 at 2022 9:51 AM

LTC Ray Buenteo — Mon, 09 May 2022 09:51:49 -0400

The VA does not follow the same regs as Military.

Response by CSM Darieus ZaGara made May 9 at 2022 1:14 PM

CSM Darieus ZaGara — Mon, 09 May 2022 13:14:18 -0400

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.

Response by SFC Private RallyPoint Member made May 9 at 2022 3:55 PM

SFC Private RallyPoint Member — Mon, 09 May 2022 15:55:03 -0400

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.

Response by SSgt Christophe Murphy made May 9 at 2022 8:41 PM

SSgt Christophe Murphy — Mon, 09 May 2022 20:41:33 -0400

What legal? JAG?

The VA is in charge of setting VA ratings. You are free to disagree and appeal your findings if you want but whatever some guy at “legal” says doesn’t matter much. But you can certainly fight any findings if you see the need

Response by GySgt Kenneth Pepper made May 10 at 2022 10:46 AM

GySgt Kenneth Pepper — Tue, 10 May 2022 10:46:14 -0400

Go see a DAV rep before you get out. They will clarify it for you and make sure you have all of your ducks in a row. You should get to see one at your SEPS class.
Make 2 complete copies of your medial record before you depart. Scan a copy if you can.
"Legal" has absolutely no jurisdiction over the VA.

Response by SFC Howard Holmes made Jun 28 at 2022 6:24 PM

SFC Howard Holmes — Tue, 28 Jun 2022 18:24:15 -0400

Nobody on Active Duty can dictate ANYTHING to the VA. I had to go to Great Lakes, VA, and they treated me like $hit. The guy was a telephone tough guy, and threatened that if I wasn't happy he would just send my paperwork through San Diego. They screwed me out of terminal leave and job opportunities. When I got done with that fiasco, I got back and my SGT Maj was getting ready to go through it, with the same person. He chuckled at me and he said they won't do that to me, because I'm a SGT. Maj. Well, I could tell that he pulled that card on this little civilian &%$&, because he did send his packet to San Diego, so I laughed at him. Needless to say, I believe the ONLY rank that the VA respects are 1 thru 4 silver stars. They will tell you about it too. The main thing to realize about the VA is there is no set standard when it comes to disability awards. One evaluator sees things one way, while another sees it another. There are evaluators who will award 100% when it's not even being requested, and those who will deny everything you claim. So the "legal" person you spoke to blew smoke rings in your south side, and never should've made any such comment. He/she could've said, I've seen individuals get up to 80% on this, and that's the most that should've been said, with the closing statement, "but I can't guarantee that."