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VA Disability Ratings and Tricare

Discussion in 'Veteran's Forum' started by ArmyCop, Jan 20, 2008.


  1. ArmyCop

    ArmyCop
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    I didn't have enough years in to retire, I have a 20 % disability rating, I'm going through a process (re-evaluated) that might raise my percentage.
    What rating would allow me to get family coverage Tricare and how much might I expect to have to pay monthly?

    Thanks in advance.
     

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  2. Cannibul

    Cannibul
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    As I understand it the VA could rate you at 300% and you would no qualify for any kind of family coverage.

    And yes I do know a person rated at 300%.
     

  3. deadday

    deadday
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    I have been trying to find this answer as well, could you PM me if/when you find what you are looking for? I will do the same to you! What rating level allows the soldier to maintain Tricare (I'm guessing it's Tricare for Live coverage)? Remember, if you get 30% of higher, you will qualify for retraining (college, tech school, trade) as well as a pretty high level of DV preference when applying for Federal jobs..




    dre
     
  4. AF-Odin

    AF-Odin
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    The key issue is are you being discharged with a medical disability or are you being medically retired? IIRC, medical retirement would entitle you as well as your dependents to military ID cards and TRICARE coverage. If you are being discharged with a disability from the VA (regardless of the percentage), that is not medical retirement and normally would not entitle you or your family to TRICARE coverage. The TRICARE for Life coverage is for those retirees and family members over 65 who have Medicare. I think there is a fairly new program for Reservists to buy TRICARE coverage for a specified number of months if they have been mobilized. Best advice is to talk extensively with the TRICARE Service Center at your installation and with the VA folks (who may provide care for you, but not your family).

    Good Luck
     
  5. deadday

    deadday
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    So unless the MEB/PEB recommends full medical retirement, I would receive not medical coverage after seperation? And medical retirement would require a disability rating of 100% right?



    drew
     
  6. torrejon224

    torrejon224
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    At 100% any kids you have going to school under a VA program (Chap 35) are eligible for VA healtch care till age 23 or up to 26 is still in school and there are exceptions for surviving spouses of a 100% disabled vet who dies of service connected causes otherwise you need to be medically retired to get TRICARE for the family. When I was retired it was at 50% and then VA bumped me to 100% so no you don't have to be fully disabled to retire. It basically boils down to the "needs" of your service, whether your in a critical speciality and how much time in service you have. Used to be if you had more than 13 years in you would probably be retired but now with all the shortages, lack of a draft, etc, if your well enough to push paper they will probably keep you. I used to be an expert on this stuff and spent many years as a Disabled Veterans Rep but things have changed and not for the better I'm sad to say. Feel free to PM me if you have any specific questions as I have the resource material and am always glad to help out a fellow vet!
     
  7. deadday

    deadday
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    I don't really have any specific questions at the moment, but I appreciate the offer... I'm still in shock at the fact that they are going to board me out...I was really hoping the MMRB would go my way, and they would just recommend a reclass....



    drew
     
  8. ChrisSA

    ChrisSA
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    If you have less than 20 years of service -
    (A) If you are rated at 30% or above you will be medically retired. You will received all entitlments that anyone who retires from the military would receive (Tricare for your family, BX, ID card) etc. Your retirement pay will be either 2.5% of your base pay for each year of service OR whatever disability rating you receive. Whichever is higher.
    (B) If you are rated less than 30% you will be medically separated. You will receive 2 months of base pay for every year you have served (there used to be a 12 year max on this but I think it just changed this month). You won't receive any type of disability from the VA until the separation pay from the DoD is offset (unless your injuries are combat related). Your separation pay will be taxed but after the VA rates you the IRS will refund the money it takes from you. You will receive VA care for yourself for all your injuries/illnesses incured while in the military. If you are rated very high (can't remember the %) they will cover all your health care. Your family will not get medical benefits.

    The separation pay may look nice at first. However, the retirement check and full retiree benefits are way more valuable over a lifetime especially if you have a family.

    I've been through the whole MEB/IPEB process once last year and most likely I'll be going again this year. The whole thing is really complex and you really need to educate yourself as quickly as possible about what you are entitled to. There are two excellent message boards that deal with the MEB/IPEB/FPEB and VA process. Go there as quickly as possible, explain you situation and they usually reply very quickly. One of the people who frequently posts is an Army JAG who is an expert on the whole process. He is very knowledgeable about the process in all the services. He was tired of hearing about people getting screwed over so he gives great advice. Most of the people who post on both boards have gone through the process or are currently going through the process.

    http://www.pebforum.com/ - Excellent site actually created by the Army JAG
    http://vets.yuku.com/bvetbenefits - another great site

    Good luck,
    Chris
     
  9. Marine8541

    Marine8541
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    iseedeadpeople

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    There is some really bad information given in this thread. First, the Department of Veterans Affairs has nothing to do with Tricare at all. The program used by the VA for civie dependant's is called the Civilian Health and Medical Program of the Department of Veterans Affairs or CHAMVA for short. The only four ways to be on CHAMVA are lister here:
    http://www.va.gov/hac/forbeneficiaries/champva/champva.asp

    Only retirees or veterans with a 100% service-connected disability and an honorable discharge are eligible patrons of MWR and the post exchange on a military installation.
    http://armymwr.biz/faq.htm

    A 30% disability doesn't automaticlly mean retirement benies of any kind other than Comp and access to VA facilities.

    VR&E (vocational rehab) college and job retraining eligibility starts at 10% not 30%.
    http://www.vba.va.gov/bln/vre/vrs.htm

    A ten point job preference starts at 0% service connected or purple heart reciepient. A Vet with a service connection of 30% or more may apply for non competitive job appointment but there is no garuntee that this will happen, while the 10 points are promised.
    http://www.usajobs.gov/EI3.asp



    Please see a local service rep for the straight dope and good luck.
     
  10. Marine8541

    Marine8541
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    iseedeadpeople

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    Your info couldn't be more wrong.

    http://www.vba.va.gov/
     
  11. RONNIE J

    RONNIE J
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    Under the VA, if you are rated 100% permanent and total, the VA furnishes what is called CHAMPVA for all family members that qualify. As far as 300% rating, it is quite possible to have disabilities that added to up are that or more--but you are still rated 100% for pay and also may receive SMC for any serious, such as loss of or loss of use. Or SMC for A&A.

    But in any case to get CHAMPVA you need to be P&T.

    I think my ratings added together are a bit over 300% or close but I am still only rated 100% P&T with SMC for A&A

    Now that I have muddied up the water
    Have a great day

    Best
    Ron
     
  12. Whazzup

    Whazzup
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    Scoutsniper is correct...with one exception VA's medical benefit for dependents is CHAMPVA. Sounds like he has done a great deal of research on these issues. If you have questions on VA benefits PM me... I currently supervise one of the entitlement teams at a regional office. If I don't know the answer I will refer you to someone who does.


    Semper Fi.

    Aaron
     
  13. Rugby

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    +1. Marine8541 gave the most factual information. And other service people say Marines are the dumb ones.

    Semper Fi.
     
  14. deadday

    deadday
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    Does Permentanly and totally disabled=100% ? As in, a DV would only qualify for CHAMPVA if he was rated 100% diabled?



    drew
     
  15. ChrisSA

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    After re-reading the original few posts I think that what may have confused most of us is that the original poster seems to be asking about getting his VA rating increased. Then a couple of other posters talked about their benifits when being med boarded off of active duty which is a totally different thing. The info I posted was meant for somebody who was being med boarded off of active duty. If you are given a 30% or higher disability rating by the DoD then you are retired with full retirement benifits. If you are med separated by the DoD with less than 30% or if you just get out then you do not get full retirement benefits (unless you are rated 100% by the VA in which you get a few bennies). Getting your disabilities rated by the VA after you get out and getting rated by the DoD while you are in are totally different. And it is totally common to get low balled by the DoD for less than 30% and then get your true rating by the VA which is usually much higher.
     
  16. deadday

    deadday
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    Does the SA in your name stand for San Antonio or Single-Action? If it's San Antonio, wouldja be interested in a beer or 10 on me for a discussion about the PEB/MEB/VA/Bull****?



    drew
     
  17. Marine8541

    Marine8541
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    I wasn't confused at all. You do NOT recieve automatic retirement if you recieve a disability of 30% or more. A 30% rating from the med board is one of the determining factors that in the case of the Army the Secratry determins retirement staus. It is covered under Chapter 61, title 10 of the US code sec 1201.

    (a) Retirement.— Upon a determination by the Secretary concerned that a member described in subsection (c) is unfit to perform the duties of the member’s office, grade, rank, or rating because of physical disability incurred while entitled to basic pay or while absent as described in subsection (c)(3), the Secretary may retire the member, with retired pay computed under section 1401 of this title, if the Secretary also makes the determinations with respect to the member and that disability specified in subsection (b).
    (b) Required Determinations of Disability.— Determinations referred to in subsection (a) are determinations by the Secretary that—
    (1) based upon accepted medical principles, the disability is of a permanent nature and stable;
    (2) the disability is not the result of the member’s intentional misconduct or willful neglect, and was not incurred during a period of unauthorized absence; and
    (3) either—
    (A) the member has at least 20 years of service computed under section 1208 of this title; or
    (B) the disability is at least 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination; and either—
    (i) the member has at least eight years of service computed under section 1208 of this title;
    (ii) the disability is the proximate result of performing active duty;
    (iii) the disability was incurred in line of duty in time of war or national emergency; or
    (iv) the disability was incurred in line of duty after September 14, 1978.

    Not all 30% automaticlly get retirment status. Another factor must be met along with the 30% rate. IT IS NOT AUTOMATIC. If a service member doesn't meet one of the 4 criteria along with the 30% then it doesn't happen.
    http://www4.law.cornell.edu/uscode/10/usc_sup_01_10_10_A_20_II_30_61.html

    Guys PLEASE if you have questions about Med boards please see base legal and exersise your rights to a full and fair hearing and they will exsplain your rights to you. If your at a Military hospital please see your patient advocate for the correct help. If you're already out please see an accredited service officer for the correct help.
     
  18. Marine8541

    Marine8541
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    No. You can be rated at 100% and not have a total and permament designation. You must be 100% T and P for Champva bennies.
     
  19. ChrisSA

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    Ok, there are a few loop holes. However, unless you came in with the condition (existed prior to service) or have less than 8 years, 99% of the time you have a disability/illness that incurred while on active duty and you are rated at 30% or more disabled, you will be med retired.

    Also, I've been through the MEB/IPEB process once and will be going again shortly. You may be at a base/post/camp where they have staff that actually are knowledgeable about the whole process however that is not what I found. My PEB liaison didn't give a rats @@@ about the people she was helping and gave me lots of incorrect advice. All she cared about was pushing people through the system and going home on time. The base legal office had no clue what they were talking about when I went to them for help. I highly recommend going to the 2 boards I mentioned before. There are many knowledgable people there. Besides the JAG I mentioned before, there are also people there who have influence with the Washington leadership.

    I'm done talking about it. Good luck to you. Whether dealing with the VA process or the DoD processes, it is a stressfull situation.

    Chris
     
  20. Marine8541

    Marine8541
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    I've been party to over 300 med Boards. After my arse was shot up in Fallujah and my convolesent leave was up I was still recieving treatment at the Naval Hos in Pensacola and being a SNCO they put me to work on this stuff. I can promise you that a lot more than 1% are seperated without retirement. It's not a loop hole it's the law.

    I'm not taliking or refering to you here Chris I just don't want to start another post so don't take this the wrong way it's meant in general and not directed to you. Almost every thing that service members hear about med boards are a bunch of BS. After dealing with those at the VA I can say the same is true there also. Most info is passed by wishful thinking or people who haven't recieved the rate that they feel is due to them. While the vast majority of this passed on intel is good intentioned it is usually incorrect. I can site chaper and verse the Titles that cover both Military med Boards and the VA but there is always a disagreement. People, please don't go by what some one tells you go see the correct people to get the straight scoop.

    I can say this with confidence. What your buddy told you is most likely wrong. People always think they deserve a higher rating than they get. The boards usually get it right. If you feel that you were mistreated appeal your case. Good luck to all.