PEB questions

[tugbird]

Hello, GySgt here looking for some questions. I am currently on my third and last LimDu board. I have an appointment to see a doc to dictate a PEB. I have had left shoulder surgery that didn't go well, left ankle surgery that got infected while on Con Leave, and now my right shoulder has a torn Labrum via MRI. I have just about 12 years in now and I am anxious about their findings. What can I expect? Is the 50% of retired pay really mean 50% of what I would get if I were to retire right now? (50% of $1,732)?? Is the dictation the doc will do considered the MEB?

I appreciate all the forums on here, I am happy I found this site!!

[embalmerswife]

Hello! Let me see if I understand what you are saying. You have had your part one physical and part 2 physical. You are waiting for the doctor to write something up? If that is the case, then the doctor is writing up your narrative summary (NARSUM) which will then be sent to the MEB. MEB will determine fit/unfit and list the conditions for which you will need to be evaluated on for disability. Your MEB and NARSUM will go to the IPEB to determine you disability rating and the conditions for which they will rate you. They may not rate you on all the conditions that are sent before them.
The next question you asked was if you got 50% was that really 50%. The answer is 50% of your base pay (no allotments included) of your highest three years. There is also another formula that has something about 2.5 and years of service. You are supposed to get whichever is higher. Jason has a formula somewhere on the site to figure that out.
Hope this helps!

[DDWUSN]

I beleive you DOC should be dictating you MEB to recommend an Informal PEB or return to duty. If they do recommend PEB, then you will know exactly what for. I would recommend you ask a senior member like jason, or ma parker to give you advice on what your injuries you are being boarded for might rate.

Highly recommend you get a copy of your PEB instructions, VASRD codes, CFR CH. 38, the VA rating codes they should be using, and a complete copy of your medical record. They will look at diagnosed injuries that ail you, not ones that have healed. Only the current medical condition that prevents you from military service. Also read the 2008 NDAA, it is heren the site.

As far as pay, what embalmerswife is referring to is USC TITLE 10 1401, that discusse retired pay. If you are found unfit and they seperate you, you are entitled to 50% high 3, or 2.5% x your disability % whichever is higher. My PEBLO, and JAG, both told me I would get the lower %.

Hope this helps

[embalmerswife]

Darrell,
I had to go back and find the formula. It's on this site, search for "Computation of Retired Pay." Jason posted the formula site, but the other one that has the blue link in the same thread is easier to use. It does say that the highest calculation is paid. I think the misinformation we are all getting from the folks on bases and in retirement offices is crazy. You go to the PEBLO, Retirement Services, and TAPS, ask the same question, and get three separate answers to the same question; then you look up the reg and it's still different. What a crazy system!! No wonder lots of us just throw up our hands and say "Whatever, I'm tired of fighting." This sight is great though for clearing up all the questions. I wish the "experts" did as much research as all of us on this site. This site and the encouragement given here are what's gotten hubby and me through the process.
Back to dollar amounts-- has anyone given you an actual one?? We keep getting told that retirement office can't do it, finance can't do it, and Dfas can't do it. We were told we could inquire from Retired Pay after his official outdate in September, but until then no one on the active side was allowed to give us a number just an estimate. How are you supposed to plan if you don't know your budget?

[tugbird]

Embalmerswife, the LIMDU boards are not physicals. The Marines rarely grant a third period of Limited Duty (what I was told), so I am done with that third period. I am seeing my DOC to get a dictation to send to the PEB. I was just asking if what the DOC is doing is considered the MEB or the first phase to get a PEB.

As far as the pay goes, I have seen both calculations before, but I have seen on this site disability retired pay is computed as 50% of retired pay. If you are going to do the calculation for retired pay, would you then take 50% of that when placed on TDRL? I hope I cleared that up.

Thanks for the replies from both of you...

[embalmerswife]

tugbird,
As soon as I typed limdu I remembered what it was. DuH! moment!! I am assuming here, you are being recommended to the MEB process since they won't continue with your limdu and they are sending you to the doctor to get something written up. Once that is done (NARSUM), then it goes to MEB fit/unfit. After that is done you'll get a form to sign whether you agree or disagree. If found unfit, the package goes to IPEB, for determination of disability. They will only rate conditions they think will make you unfit even if more conditions got sent up for them to rate. They only rate on what they think will keep you unfit to serve. It depends on how involved your case is and the number of cases there are at the IPEB timewise. This will determine your disabillity percentage. Then you can agree or disagree, if you agree, then they will assign a retirement date. Anything over 30% is paid monthly. If it's bad enough, they will permanently medically retire you, if not they will TDRL. My understanding of the system retirement is retirement. If your percentage of disability is greater than the retirement amount for your time in, they have to pay you the greater amount of your base because it won't be just a regular retirement, it will say medically retired in your box. Once you get referred to MEB, they should have assigned you a PEBLO, but he may not want to discuss amounts since there will not be a determination for awhile. Does this help?

[DDWUSN]

I boned tha calculation last night anyway. 2.5%x # of years, or % of disability x base pay. Sorry after I read it I must have just self medicated.

If you are transferred to TDRL you will get 50% of base pay, or % of disability, whichever is higher. So if your retired pay is $1,800 a month based on high 3, you would get $1,800. If your disability is 60%, you would get the total of 60% of base pay.

I also got a 3rd period of LIMDU and yeah, they do not normally approve it.

Did someone tell you that you might be put on TDRL?

[tugbird]

To all,
Thanks for the respones. Embalmerswife, I can understand the process now. Once my doc writes up a dictation, it goes to MEB at the local MTF. From there they determine if it is fitting to be sent to the IPEB. My doc is a Capt.(06) so he seems to think it will go straight to the IPEB. Your info did help and thank you!!

Walker, no one told me I am being put on TDRL, I am not sure what they will do with me. I would like to hit that 30% mark, as everyone here would. I am a Jarhead with two shoulders that don't work well, can't do pullups. My left ankle has had surgery with still limits of ROM. I can't run either. I personnally never heard of a third period LIMDU get approved before, I guess they had some high hope for me. I am sorry to disappoint them! I am really just starting this process and want all of my ducks in a row before I get going.

Thanks for the help and the answers about the retirement pay. I am hoping for some good findings, but who knows!

[DDWUSN]

Some advice I would give you is check the dictation of your MEB report. I did not really look at mine and there was very crucial information left out. Fortunately the DOC who did my physical annotated the other problems on my 2807, so when I use it for VA or SSDI it is stated on my most recent physical forms.

GOOD LUCK!

[embalmerswife]

Darrell,
Correct me if I'm wrong, but the IPEB determines permanent or temporary. On the Army PEB form (DA 199), box 8a gives VA code, 8b gives disability description, 8e is LOD, 8g is disability rating percentage. Box 9 tells you if you are unfit and the PEB recommendation TDRL, PDR. In box 10 you need to check carefully. If your injury was occurred in the LOD in time of armed conflict you should have an A code, and you want to check for a c code if disability resulted from combat related injury as defined in 26 USC 104. Check your box 11 because it will list all of the evidence they reviewed to come to their decision. I'm assuming this form is standard across the services even though it has a DA form number. Is this the same for the Navy?