Physical Evaluation Board Forum

gimax · #1 (**permalink**) September 25th, 2008

Jason i just recieved my 199 , i really need your help to see if i should go to a Formal PEB Hearing. i was rated 20% for my shoulder, the VA code they used were the following 5299, and 5201. They referenced VASRD IAW 4.10, 4.40, 4.45, AND 4.59.i was wondering if you could further explain this to me, thanks

Here the part that bothers me my second condition they were suppose to rate me for was PTSD/ ANXIETY DISORDER NOS. It says on my 199 for the second medicial condition, "Meets medicial retention standards", is not commented upon by the commander as hindering the soldiers performance, and case file contains no evidence that this Dx independently or combined render this soldier unfit for his assigned duties.

But on my DA3947 it says my anexitey disorder does not meet retention standards, in ademdum for my disorder it states what i was exposed to and what i saw. Do you know why they did not give me a rating for this? is it worth me doing a formal board for this or not. i really need your help in this matter, iam so frustated with the system right now. thank for trying to answr all my above questions.......Shawn

Jason · #2 (**permalink**) September 25th, 2008

Shawn,

You have nothing to lose by appealing. Your first question regarding the VASRD sections will take a much longer answer and once you see my comments on PTSD you will probably have enough info to decide.

Basically, they are not saying you do not have PTSD. They are saying that it does not interfere with expected performance of your duties. This appears to me a matter of gathering more evidence. You commander not commenting on it is probably the most significant thing missing. You may want to discuss with him/her if you have had observed issues. Also, your first line leader may be able to provide documentation of your limitations due to PTSD. All you need is an additional 10% to reach 30% (though I believe that if unfit due to PTSD, you should be given a minimum initial rating of 50% under VASRD 4.129).

Hope this helped and please let me know any follow up questions.