Rated 100% P/T (7 yrs) BCNR MEB/PEB, can VA re-rate me?

Hello friends,
I have a question, I am already rated 100% perm/total for PTSD, Major Depression by the VA for 7 years now. Discharged General under honorable conditions. Requesting Medical disability retirement. If granted by BCNR and referred to MEB, can and will I be Re-Rated by the VA? Can they take away my 100% P/T rating during the MEB PEB process? Any information helpful, thanks in advance. Already discharged, 2003. Undiagnosed PTSD.
 
Navyboy,
I have a somewhat similar situation. Currently in National Guard going thru MEB and I am rated at 90% with VA but granted IU so receiving 100% (P&T with chapter 35.) From what I understand there is always a risk of reduction because the MEB will initiate new C&P exams. I think it will depend somewhat on how stable your condition is... but not sure exactly what criteria they use to determine that. Hopefully someone with more info will chime in.
 
P&T means permanent and total “disability,” permanently and totally “disabled,” or permanent and total “rating,” when any of these terms are used in reference to a veteran with a service-connected disability rating determined by VA to be total for the purposes of VA disability compensation where the impairment is reasonably certain to continue throughout the life of the disabled veteran. (Authority: 38 U.S.C. 3501(a)(8))
 
You failed to mention why you were given the general it plays a part in the process best guess from what I have seen from the board is an honorable discharge if you can have your doctor write a nexus that PTSD affected your performance and was the reason you received the general discharge. A medical retirement from general is highly unlikely.
 
Hello friends,
I have a question, I am already rated 100% perm/total for PTSD, Major Depression by the VA for 7 years now. Discharged General under honorable conditions. Requesting Medical disability retirement. If granted by BCNR and referred to MEB, can and will I be Re-Rated by the VA? Can they take away my 100% P/T rating during the MEB PEB process? Any information helpful, thanks in advance. Already discharged, 2003. Undiagnosed PTSD.
Not likley that you will be re-rated. The BCNR is going to be retroactively looking at what you mental health was like at the time of discharge back in 2003. The disability retirement (if granted) will reflect your fitness at that time. Evidence that the BCNR may use would be the C&P evaluation and any treatment notes that took place at the time of discharge and whether or not an injustice took place.

When rated P&T by the VA, you are no longer subject to a re-evaluation unless fraud and/or a serious error has taken place.
 
Not likley that you will be re-rated. The BCNR is going to be retroactively looking at what you mental health was like at the time of discharge back in 2003. The disability retirement (if granted) will reflect your fitness at that time. Evidence that the BCNR may use would be the C&P evaluation and any treatment notes that took place at the time of discharge and whether or not an injustice took place.

When rated P&T by the VA, you are no longer subject to a re-evaluation unless fraud and/or a serious error has taken place.
While in the past the BCMR / BCNR would only look at documentation from the time of discharge, clarifying guidance from the Secretary of Defense issued last year known as the Kurta Memo mandated that the correction boards take post service VA mental health diagnosis into consideration as well.

"A determination made by the Department of Veterans Affairs (VA) that a veteran's mental health condition, including PTSD; TBI; sexual assault; or sexual harassment is connected to military service, while not binding on the Department of Defense, is persuasive evidence that the condition existed or experience occurred during military service."

The BCNR can now utilize a C&P exam from after discharge and be persuaded that the PTSD existed during military service. So while they will look at the circumstances at the time of discharge, a current C&P exam could make a huge difference.
 

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That is absolutely correct, however it is important to place this in context with your specific timeline.
 
You failed to mention why you were given the general it plays a part in the process best guess from what I have seen from the board is an honorable discharge if you can have your doctor write a nexus that PTSD affected your performance and was the reason you received the general discharge. A medical retirement from general is highly unlikely.

I have an attorney now, he was JAG on the inside now he’s out defending the Vets. Yes there was mitigating circumstances around my undiagnosed PTSD that led to my discharge. I’ve been told otherwise
P&T means permanent and total “disability,” permanently and totally “disabled,” or permanent and total “rating,” when any of these terms are used in reference to a veteran with a service-connected disability rating determined by VA to be total for the purposes of VA disability compensation where the impairment is reasonably certain to continue throughout the life of the disabled veteran. (Authority: 38 U.S.C. 3501(a)(8))

Yes I understand that, however I'm unsure if granted, and if referred to the MEB process if they would initiate a new C&P exam. I don't want to risk my rating, however I recently spoke with my attorney that I could request to go through the LDES system and it would exempt me from the VA because I have already had that all situated.
 
You failed to mention why you were given the general it plays a part in the process best guess from what I have seen from the board is an honorable discharge if you can have your doctor write a nexus that PTSD affected your performance and was the reason you received the general discharge. A medical retirement from general is highly unlikely.

I have an attorney now, he was a JAG officer inside, now he's out defending the Vets. Yes, there was mitigating circumstances of PTSD that led to my discharge and because of that and the Hagel PTSD memo my discharged was upgraded to General Under Honorable Conditions. My command was well aware of my condition and failed to refer me to the MEB for evaluation. That is why I'm requesting my Disability Retirement.
 
Not likley that you will be re-rated. The BCNR is going to be retroactively looking at what you mental health was like at the time of discharge back in 2003. The disability retirement (if granted) will reflect your fitness at that time. Evidence that the BCNR may use would be the C&P evaluation and any treatment notes that took place at the time of discharge and whether or not an injustice took place.

When rated P&T by the VA, you are no longer subject to a re-evaluation unless fraud and/or a serious error has taken place.

Thank you, I do know that is how it works for the VA however I read on here on the PebForum that Vets that were already rated then go though the MEB/PEB process were given a new C&P exam from the VA. My attorney, I just found this out recently after posting this, he says I could request to go through the Legacy System to exempt myself from VA because I've already been rated. I don't want to risk losing my rating. I was wondering about that part of the evidence, I'm glad they can see all that happened at that time and recently going to the VA plus the private doctors. Hope all goes well. Thanks.
 
While in the past the BCMR / BCNR would only look at documentation from the time of discharge, clarifying guidance from the Secretary of Defense issued last year known as the Kurta Memo mandated that the correction boards take post service VA mental health diagnosis into consideration as well.

"A determination made by the Department of Veterans Affairs (VA) that a veteran's mental health condition, including PTSD; TBI; sexual assault; or sexual harassment is connected to military service, while not binding on the Department of Defense, is persuasive evidence that the condition existed or experience occurred during military service."

The BCNR can now utilize a C&P exam from after discharge and be persuaded that the PTSD existed during military service. So while they will look at the circumstances at the time of discharge, a current C&P exam could make a huge difference.

That is really good that they can look at evidence from then and now to see what was going on. I just don't want to go through that all over again. I've been Permanent and Total for 7 years. My condition has only deteriorated my mental and debilitating on my physical and mental, it's very hard to deal with every day.
 
Thanks all for your input!

Sry to hear Navyboy. Its good you have an attorney. I did not realize a SM could choose to go thru LDES, hopefully my IDES situation works out or I will be left wishing I would have opted for that myself.

Forgot to mention:

50% chronic posttraumatic headaches risidual of TBI
40% Radiculopathy right Arm
30% Anxiety PTSD
20% Cervical spondylosis & neck strain C-5 C-6
10% tinnitus
 
Thanks all for your input!

Sry to hear Navyboy. Its good you have an attorney. I did not realize a SM could choose to go thru LDES, hopefully my IDES situation works out or I will be left wishing I would have opted for that myself.

Forgot to mention:

50% chronic posttraumatic headaches risidual of TBI
40% Radiculopathy right Arm
30% Anxiety PTSD
20% Cervical spondylosis & neck strain C-5 C-6
10% tinnitus

You’re welcome. I didn’t know about LDES either and had a complete melt down when I thought I could lose my rating. I hope so too. I also have my congressman working on it. That helps. Most people say it doesn’t, but it most certainly does.
 
I am currently a National Guard Member in Michigan going thru an MEB for combat injuries incurred in Iraq. I am rated at 90% but receiving IU 100% from the VA. Does anyone know how I can get in touch with an IDES attorney. There are no active duty bases in Michigan so my local searchs have come up empty.
 
Try avvo.com, usually in big cities like Los Angeles, New York, etc near any US bases, near you. Usually they work throughout the USA but a good one is Tully Rinckey, but they are not cheap, check out tullylegal.com, ask for a consultation, good luck.
 
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