VA Disability Compensation and Divorce: Facts and Fallacies

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Frequently asked questions about VA disability compensation and how the court handles it in divorce, family support, garnishment and military pension divisions.

DOD Memoranda Guiding Discharge Review Boards on PTSD, TBI, and MST

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This article provides information to veterans with less-than-honorable discharges who want to upgrade their discharge based on in-service mental health conditions or experiences.

Reserves

Question:

Hello Jim, I have a question about my disability that is at 80%. I am in the Air Force Reserve, and at the end of the year, I am required to pay back a portion of my disability. I need to talk to someone about getting out or staying in. What would happen to my 80% if I decide to stay in until I reach my 20 year mark? I am at 12 years this coming January.

Jim's Reply:

 

I doubt anything will happen to your 80% rating. Disability ratings aren't graded on longevity, only the seriousness of the rated condition. 

Rating increase?

Question:

If my knee locked up and caused me to fall. And ultimately caused me to have two surgeries on both knees. Which resulted in zero improvements how can I get an increase in my rating of 10% disability on each knee. This is a 27 year old military issue.

Jim's Reply:

 

If you have a 10% rating on a knee and that knee has gotten worse, you should apply for an increase. If your knees were rated when you had the surgery, you should have received a 100% recuperative rate for a few months and then a new rating.