Hi everyone,
I have a little different situation, I think, in that unlike some people, I received my VA disability rating first, but am still in the National Guard, and now am trying to get separated via the MEB/PEB process. Anyway:
I was active duty from 2005-2009. While on active duty, I experienced some serious mental health trauma.
I left active duty in 2009, and without a break in service, I joined the National Guard to fulfill my MSO. On the day I ETS'd from active duty, I gave the VA my medical records and filed a VA claim.
As I was beginning my National Guard service, I got rated by the VA. So, in other words, I ETS'd from active duty in July 2009, filed a VA claim at the same time I immediately joined the National Guard, then got rated by the VA in January 2010.
When the VA rated me at 70% in 2010, I turned in my VA rating to the Guard but no action was taken to remove me from the Guard. In the past year or so, my VA rating has increased to 100% -- mostly for mental health conditions.
Now it is 2016. In October 2013, life finally became too difficult for me in the Guard and I requested to leave via the MEB/PEB process. I went to my state's Guard psychologist and was evaluated, then requested that my unit let me do an MEB/PEB. They, essentially, agreed.
However, my unit has essentially dithered on the process. It is now 28 months later and my paperwork is feebly making its way through the state surgeon's office.
I was at drill this weekend, because I still have to go. I actually was scheduled to ETS last July, 2015, but was extended for 12 months to complete the MEB process. My unit, as is their tradition, keeps offering me other ways to leave the Guard instead of going through MEB/PEB. One year ago, they were going to just let me get out via some sort of medical agreement (but not MEB/PEB). Now, they are stating I should just get out on my next ETS date in July 2016. But they cannot stop me from doing an MEB/PEB. It just always occurs that some paperwork gets lost or something doesn't get filed right, and the MEB/PEB keeps getting delayed.
My commander advised me this past weekend with this logic: The logic now is that, if I go through the MEB/PEB process, I will risk my VA rating of 100%. To the extent that I may have to pay back money I've been given by my 100% rating.
This seems strange to me. I am aware that VA ratings can be reduced, especially for conditions that may improve, such as my mental health condition. But I have records that show what happened on active duty, and these records form the basis for my 100% VA rating. I have plenty of mental health records showing that my condition is not improving and that I am seeing VA and other mental health professionals.
I feel like my unit is portraying my situation now like a "Let's Make A Deal" dramatization: I can either take my VA 100% rating and go home, or I can risk it on getting an MEB/PEB rating. I may get an MEB/PEB rating, but, even if I do, this may trigger some action that may reduce my VA rating.
*Note: The reason why I am so gung-ho about getting an MEB/PEB rating is this:
My injuries did not happen on active duty, so I am not allowed to collect both VA and Military pensions. So, I'm not in it for the money.
But, my understanding of these ratings is that they are independent and operate with different criteria in mind. So, it seems to me that it is advantageous to get an MEB/PEB rating. In the event that the VA lowers my disability rating at any time in the future for any reason, I will still have the MEB/PEB rating to fall back on, or vice versa. I am aware that whatever rating is higher is the rating at which I will be paid.
Additionally, I fully believe I should receive a medical military retirement. I was going to serve 20 years, but the military did things to me that disabled me from doing so. That is not my fault. Therefore, I feel I should get the rights of a retired military veteran, if not the money: a CAC card that allows me base privileges, ability to fly Space A, etc.
So, in the end, all I want is the opportunity to be considered for an MEB/PEB rating of at least 30% so I can keep my CAC when I leave the Guard. But my unit is making all kinds of noise that if I do that, well, all of those things I mentioned above will happen, such as that my VA rating will be lowered and I will have to pay back VA disability money.
Just today I told my unit to continue to prosecute my MEB/PEB. By doing so, I will probably have to extend my contract another year from July. Otherwise, I could leave the National Guard this July.
I really want to have the CAC benefits and the Space A Privileges and the TriCare ability for myself and my wife, if I get more than 30% of a rating from the Guard.
What do you guys think? My disability is not from combat, but from an abusive commander with whom I worked closely for two years, then another one in the Guard for five years. I don't know if that biases evaluators against me, since my condition is not combat-related.
Should I just get out in July and take the "Let's Make a Deal" VA Disability of 100%, or should I continue to stay in to fight for an MEB/PEB rating?
Am I really risking my 100% VA Disability Rating by doing so? I understand that the VA is keenly interested in my getting better, and, if I show improvement, they have all the right to re-evaluate me and reduce my rating based on that evaluation. But would a reduction in VA rating occur automatically as a result of an MEB/PEB evaluation? I actually think I have gotten worse in the past years since my last evaluation, anyway.
*Of note: I am 100% for PTSD. It is not improving. I see a psychologist and a psychiatrist at the VA, and my functional abilities are declining over the past 9 years.
Thanks, any answers are welcome!
I have a little different situation, I think, in that unlike some people, I received my VA disability rating first, but am still in the National Guard, and now am trying to get separated via the MEB/PEB process. Anyway:
I was active duty from 2005-2009. While on active duty, I experienced some serious mental health trauma.
I left active duty in 2009, and without a break in service, I joined the National Guard to fulfill my MSO. On the day I ETS'd from active duty, I gave the VA my medical records and filed a VA claim.
As I was beginning my National Guard service, I got rated by the VA. So, in other words, I ETS'd from active duty in July 2009, filed a VA claim at the same time I immediately joined the National Guard, then got rated by the VA in January 2010.
When the VA rated me at 70% in 2010, I turned in my VA rating to the Guard but no action was taken to remove me from the Guard. In the past year or so, my VA rating has increased to 100% -- mostly for mental health conditions.
Now it is 2016. In October 2013, life finally became too difficult for me in the Guard and I requested to leave via the MEB/PEB process. I went to my state's Guard psychologist and was evaluated, then requested that my unit let me do an MEB/PEB. They, essentially, agreed.
However, my unit has essentially dithered on the process. It is now 28 months later and my paperwork is feebly making its way through the state surgeon's office.
I was at drill this weekend, because I still have to go. I actually was scheduled to ETS last July, 2015, but was extended for 12 months to complete the MEB process. My unit, as is their tradition, keeps offering me other ways to leave the Guard instead of going through MEB/PEB. One year ago, they were going to just let me get out via some sort of medical agreement (but not MEB/PEB). Now, they are stating I should just get out on my next ETS date in July 2016. But they cannot stop me from doing an MEB/PEB. It just always occurs that some paperwork gets lost or something doesn't get filed right, and the MEB/PEB keeps getting delayed.
My commander advised me this past weekend with this logic: The logic now is that, if I go through the MEB/PEB process, I will risk my VA rating of 100%. To the extent that I may have to pay back money I've been given by my 100% rating.
This seems strange to me. I am aware that VA ratings can be reduced, especially for conditions that may improve, such as my mental health condition. But I have records that show what happened on active duty, and these records form the basis for my 100% VA rating. I have plenty of mental health records showing that my condition is not improving and that I am seeing VA and other mental health professionals.
I feel like my unit is portraying my situation now like a "Let's Make A Deal" dramatization: I can either take my VA 100% rating and go home, or I can risk it on getting an MEB/PEB rating. I may get an MEB/PEB rating, but, even if I do, this may trigger some action that may reduce my VA rating.
*Note: The reason why I am so gung-ho about getting an MEB/PEB rating is this:
My injuries did not happen on active duty, so I am not allowed to collect both VA and Military pensions. So, I'm not in it for the money.
But, my understanding of these ratings is that they are independent and operate with different criteria in mind. So, it seems to me that it is advantageous to get an MEB/PEB rating. In the event that the VA lowers my disability rating at any time in the future for any reason, I will still have the MEB/PEB rating to fall back on, or vice versa. I am aware that whatever rating is higher is the rating at which I will be paid.
Additionally, I fully believe I should receive a medical military retirement. I was going to serve 20 years, but the military did things to me that disabled me from doing so. That is not my fault. Therefore, I feel I should get the rights of a retired military veteran, if not the money: a CAC card that allows me base privileges, ability to fly Space A, etc.
So, in the end, all I want is the opportunity to be considered for an MEB/PEB rating of at least 30% so I can keep my CAC when I leave the Guard. But my unit is making all kinds of noise that if I do that, well, all of those things I mentioned above will happen, such as that my VA rating will be lowered and I will have to pay back VA disability money.
Just today I told my unit to continue to prosecute my MEB/PEB. By doing so, I will probably have to extend my contract another year from July. Otherwise, I could leave the National Guard this July.
I really want to have the CAC benefits and the Space A Privileges and the TriCare ability for myself and my wife, if I get more than 30% of a rating from the Guard.
What do you guys think? My disability is not from combat, but from an abusive commander with whom I worked closely for two years, then another one in the Guard for five years. I don't know if that biases evaluators against me, since my condition is not combat-related.
Should I just get out in July and take the "Let's Make a Deal" VA Disability of 100%, or should I continue to stay in to fight for an MEB/PEB rating?
Am I really risking my 100% VA Disability Rating by doing so? I understand that the VA is keenly interested in my getting better, and, if I show improvement, they have all the right to re-evaluate me and reduce my rating based on that evaluation. But would a reduction in VA rating occur automatically as a result of an MEB/PEB evaluation? I actually think I have gotten worse in the past years since my last evaluation, anyway.
*Of note: I am 100% for PTSD. It is not improving. I see a psychologist and a psychiatrist at the VA, and my functional abilities are declining over the past 9 years.
Thanks, any answers are welcome!