VA Rating Prior to MEB

R

Rainer

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I am hoping to gain some insight or advice on my current situation please. I am in the Army Reserves currently, Active Duty prior to this, combat deployments and a total of 15 good years. I was recently rated 100% by the VA for PTSD alone and additional combined ratings at over 60% for other issues. I received the rating this past summer with a back date to March 2018. I have recently submitted profile paperwork to begin the MEB process, I am at the very beginning where I have just received the commander's counseling form. On this form I am to elect if I want the LDES or IDES process with the risk of the IDES process affecting my VA Rating. The MEB is for the PTSD only. When I was going through my VA claim one of the representatives reached out to me and said that since I am permanent and total 100% for PTSD that they would never relook at this UNLESS I submitted something that would be secondary to PTSD (such as sleep disorders). Therefore, I fear that moving forward with this would qualify as something being submitted that would cause them to relook at my rating.

My concern is that I do not want my VA rating reduced or touched by going through the IDES process. I actually thought that since the VA is the one conducting the rating in IDES that already having one completed would expedite or assist in my process. However, after reading through this counseling I am finding that it appears I am taking a risk if I move forward with the IDES process.

Am I understanding this correctly and any advice on which process if any to move forward with?

Thank you for your time!
 
@RonG or @chaplaincharlie would you happen to have any insight, I see your replies to similar situations but I was just not able to find any that quite matched my concerns when I tried searching.
 
Hello,

@chaplaincharlie would be the SME in the area you described. I have info regarding money issues and some of the other processes on the periphery, but I did not experience a Chapter 61 retirement.

Good luck,
Ron
 

TO FILE VA CLAIM IN MEB OR NOT

I've been looking through the forums for my particular issue and can't even come close, so here's where I stand. o 6 years active duty Operation Desert Shield/ Storm Operation Noble Eagle Operation Iraqi Freedom o 24 years total Active with the remaining Army National Guard o 90% VA...
www.pebforum.com www.pebforum.com
 
SFC H said:

TO FILE VA CLAIM IN MEB OR NOT

I've been looking through the forums for my particular issue and can't even come close, so here's where I stand. o 6 years active duty Operation Desert Shield/ Storm Operation Noble Eagle Operation Iraqi Freedom o 24 years total Active with the remaining Army National Guard o 90% VA...
www.pebforum.com www.pebforum.com
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I just read through your post and saw that you have finished the process. Did you elect then to do the LDES and avoid IDES so you would not chance them lowering your VA rating?
 
My concern is that I do not want my VA rating reduced or touched by going through the IDES process. I actually thought that since the VA is the one conducting the rating in IDES that already having one completed would expedite or assist in my process. However, after reading through this counseling I am finding that it appears I am taking a risk if I move forward with the IDES process.

Am I understanding this correctly and any advice on which process if any to move forward with?
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If you end up going there the IDES you will just choose to go into the LDES (Legacy Program). If you choose to proceed with the LDES it wouldn't effect your VA. They will only look at your conditions to determent if you are fit for duty.

Since you are 100% VA P&T they should retire you on the DOD side Chapter 61 and you would get Tricare and if your PTSD is Combat related you can apply for CRSC after you get your ret
 
Has your PTSD improved? If not, your rating will not likely change. If you have gotten much batter, then a change of rating is more likely. You should know if things are better or the same. If you don't know ask a spuse, family member or good friends that has eyes on frequently.
 
Rainer said:
I just read through your post and saw that you have finished the process. Did you elect then to do the LDES and avoid IDES so you would not chance them lowering your VA rating?
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I elected to go IDES over LDES. All my claims were STATIC before the chapter 61. In the process of a chapter 61 retirement, you will have all new C&P exams no matter which path LDES or IDES you choose. In the IDES you have other recourses to argue if your not satisfied with the results.

Josh C said:
My concern is that I do not want my VA rating reduced or touched by going through the IDES process.

Am I understanding this correctly and any advice on which process if any to move forward with?
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All unfit conditions will be re-evaluated, no matter. I’ve had C&P exams with in the same month for the same condition because the VA didn’t like report, findings or needed more evidence.

My initial static rating for PTSD was and still is 70%, my DOD rating for PTSD after the IDES was and still is 50% and on PDRL. I had a bad experience with my QTC C&P DBQ, I felt the examiner didn’t completely document everything correctly and didn’t ask many relevant questions.

I didn’t contest the findings because I was under a very short timeframe to get my DOD FERS disability retirement.
Rainer said:
I just read through your post and saw that you have finished the process. Did you elect then to do the LDES and avoid IDES so you would not chance them lowering your VA rating?
Click to expand...
 
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“If you end up going there the IDES you will just choose to go into the LDES (Legacy Program). If you choose to proceed with the LDES it wouldn't effect your VA. They will only look at your conditions to determent if you are fit for duty.

Since you are 100% VA P&T they should retire you on the DOD side Chapter 61 and you would get Tricare and if your PTSD is Combat related you can apply for CRSC after you get your ret”

100% PTSD is unfit for duty and WILL be re-evaluated. P&T can and will be re-evaluated when a new claim is opened, like filing for a Chapter 61.
 
Here’s a thread that has been down that road.

Legacy vs IDES

What are the biggest differences between the legacy and the Ides? I have been recommended for a med board and my peblo told me I could choose which one I wanted to do. I appreciate any info you could give!
www.pebforum.com www.pebforum.com
 
I spoke with a lawyer recently about this and existing medical conditions. Since I'm going though a very similar situation currently. I was told the LDES (Legacy Program) doesn't involve the VA and you would have to file for VA after you get out. Since you have a VA rating the DOD knows what your rating are and will evaluate your condition for a fit or unfit determination. Then what ever they determine as unfitting they would use your current conditions rating. I'm currently in the LDES with a VA rating and was told by the Lawyer that my VA rating can't be reduced.


IDES, the VA disability rating is integrated into the evaluation process. The service member will receive a VA Compensation and Pension exam, and the VA will examine all claimed conditions before the service member leaves active duty, including conditions not considered unfitting. If a service-member is separated or retiring due to a disability, both DOD and VA ratings will have been assigned, and receipt of his/her VA compensation should not be delayed, allowing payment to come sooner. In contrast, LDES does not calculate VA disability rating and compensation benefits. The service member will have to file claims with the VA after leaving the service.
 
Josh C said:
I spoke with a lawyer recently about this and existing medical conditions. Since I'm going though a very similar situation currently. I was told the LDES (Legacy Program) doesn't involve the VA and you would have to file for VA after you get out. Since you have a VA rating the DOD knows what your rating are and will evaluate your condition for a fit or unfit determination. Then what ever they determine as unfitting they would use your current conditions rating. I'm currently in the LDES with a VA rating and was told by the Lawyer that my VA rating can't be reduced.
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In 2009 the IDES was created to help the service member make a better transition with pay into the civilian population. The LDES can offer any percent it feels appropriate without any VA help, basically. One would think that since a service member already has a VA rating then the DOD would follow suit.

I selected IDES to ensure fairness in the whole process. If all said disabilities are accurately rated it shouldn’t matter.
 
When I went through the IDES my MSC had me sign a prepared counseling statement stating that I did not want to seek VA compensation. This is in turn why my VA PTSD percent is 70% and my DOD percent for PTSD is 50%. Had I elected to seek VA compensation, my outcome would have been VA 50%/ DOD 50%.
 
Josh C said:
Since you are 100% VA P&T they should retire you on the DOD side Chapter 61 and you would get Tricare and if your PTSD is Combat related you can apply for CRSC after you get your ret
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RaiderX said:
@Rainer, If you are 100% P&T I would take the LDES. As I would not want to risk losing that. if 100% I would go IDES and hopefully get the P&T out of it.
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If the LDES comes back with different percentages than the VA, this could impact CRSC. I understand that CRSC is computed off of DOD percentages and not VA. If I am mistaken, RonG please correct.
 
When applying for CRSC, HRC pulled my VA file and percentages for the approved conditions.
 
RaiderX said:
When applying for CRSC, HRC pulled my VA file and percentages for the approved conditions.
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Were your VA and DOD combat related percentages identical? I was in this same boat.
 
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Yeah, granted I choose to go thru IDES is the hope that I would get P&T as I was already 100% at the time. There have been CRSC cases discussed on here where when their ratings went up on the conditions; they filed for an increase in CRSC, and were awarded the increase in CRSC.
 
RaiderX said:
Yeah, granted I choose to go thru IDES is the hope that I would get P&T as I was already 100% at the time. There have been CRSC cases discussed on here where when their ratings went up on the conditions; they filed for an increase in CRSC, and were awarded the increase in CRSC.
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I am glad that occurs.

However, as you know, those who retired under Chapter 61 do not always receive the money amount for the CRSC percentage approved (which correlates to the amounts in the VA compensation tables). CRSC can never exceed the dollar amount of the longevity portion of retired pay (and could be less if the approved CRSC percentage amount is less than the longevity amount).

Example, CH 61 with less than 20 years AD:

--Longevity amount of retirement: 1500
--CRSC at 60%: 1700 (not from tables, just an example)
--CRSC at 70%: 1800 (etc.)
--CRSC at 80%: 1900 (etc.)
--CRSC at 90%: 2000 (etc.)
--CRSC at 100%: 3000 (etc.)
In all the scenarios presented here, the amount paid by DFAS would be 1500.

Reference:
DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 63 * November 2019

630805. CRSC Payment Reduction for 10 U.S.C., Chapter 61 Disability Retirees

2. Members retired for disability under 10 U.S.C., Chapter 61, with less than 20 years of creditable service computed under 10 U.S.C. § 1208, and who are qualified for CRSC, on or after January 1, 2013, will have the maximum CRSC payment restrictions. The CRSC payment amount, which when combined with any remaining retired pay after VA offset, will not exceed the amount that is equal to 2½ percent of the member’s years of creditable service multiplied by the member’s retired pay base under 10 U.S.C. § 1406(b)(1) or 10 U.S.C. § 1407, whichever is applicable to the member.

Ron
 
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Rainer said:
I am hoping to gain some insight or advice on my current situation please. I am in the Army Reserves currently, Active Duty prior to this, combat deployments and a total of 15 good years. I was recently rated 100% by the VA for PTSD alone and additional combined ratings at over 60% for other issues. I received the rating this past summer with a back date to March 2018. I have recently submitted profile paperwork to begin the MEB process, I am at the very beginning where I have just received the commander's counseling form. On this form I am to elect if I want the LDES or IDES process with the risk of the IDES process affecting my VA Rating. The MEB is for the PTSD only. When I was going through my VA claim one of the representatives reached out to me and said that since I am permanent and total 100% for PTSD that they would never relook at this UNLESS I submitted something that would be secondary to PTSD (such as sleep disorders). Therefore, I fear that moving forward with this would qualify as something being submitted that would cause them to relook at my rating.

My concern is that I do not want my VA rating reduced or touched by going through the IDES process. I actually thought that since the VA is the one conducting the rating in IDES that already having one completed would expedite or assist in my process. However, after reading through this counseling I am finding that it appears I am taking a risk if I move forward with the IDES process.

Am I understanding this correctly and any advice on which process if any to move forward with?

Thank you for your time!
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I am in the same EXACT boat man. I have to sign my couseling soon. Did you find anything new? Did you go through with the IDES?
 
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