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  1. pittpan2005

    Saunders v United States

    I am already using this case with my clients at the VA RO and BVA. Opened the door to increased ratings when ROM is normal, but pain exists. Or, when a joint appears normal, but pain can be used to justify the joint disability on the VA Schedule of Ratings. Not sure if my interpretation is...
  2. pittpan2005

    Line of duty determination

    A finding of misconduct is a pretty high bar. I doubt your actions, based on what you wrote, fit the criteria. With that said, whether on orders, drilling, etc. may be issues. If they are completing a LOD investigation, which they should, seek counsel to protect you and have it be found in the LOD.
  3. pittpan2005

    MEB questions running out of time, ets date is approaching

    You need to have them initiate the MEB. At the very least, on your separation physical, make sure they know you should be retained for MEB evaluation. If forced out, you file with BCMR or federal court. Also, your command can initiate the MEB. Recently, I represented someone in a similar...
  4. pittpan2005

    Appeal conditions or just add more?

    Personally, I would appeal the IPEB and try and add new unfitting conditions between now and at the FPEB. If any conditions are added, or shifted from fitting to unfitting, those conditions could also be review by D-RAS by requesting a VARR. Given you have over 20 years, I don't see a downside...
  5. pittpan2005

    National Guard LOD Question

    You would need to go to the LOD section of the manual, but a condition can be considered for DoD ratings absent a LOD finding, or even when a LOD investigation comes back with a negative finding. It is more difficult, but can be done.
  6. pittpan2005

    VA TBI New Examination Letter (malpractice)

    Good Afternoon All, With permission of Jason Perry, I wanted to publish this sample one page memo a veteran recently received regarding the VA allowing veterans to be evaluated for TBI by examiners without appropriate training. Anyone who received this letter, please contact me. We are...
  7. pittpan2005

    Make a claim yourself, or pay a disability lawyer?

    Unfortunately, there is a lot of misinformation floating around. Best of luck.
  8. pittpan2005

    Make a claim yourself, or pay a disability lawyer?

    Keep in mind that you can petition the PDBR or BCMR. There are some benefits to petitioning the BCMR. Example: PDBR can only review previously considered conditions. The BCMR can review conditions that were both addressed and not addressed by the PEB. Depending on the case, I think many veterans...
  9. pittpan2005

    TDRL Evaluation

    You need to keep your service branch updated with your address.
  10. pittpan2005

    IU/TDIU Help

    No worries. The BDD program allows service members to file VA claims prior to separating from service. I would bring this up with your VA rep when going through the exit counseling. However, if you want to see the requirements regarding the IU application, pull it up and review the...
  11. pittpan2005

    IU/TDIU Help

    Under the Benefits Delivery at Discharge (BDD) program, you can apply for VA benefits prior to separating. However, because you are going through the IDES process, you will likely need to file after retiring. I would put together the IU application and file immediately after retiring.
  12. pittpan2005

    New to all of this, Seperated Med Board 2004 0% and not service connected

    I am glad NVLSP worked for you. From my experience, their pro bono attorneys are lacking in experience and training. In good conscience, I would not recommend and seek out their services for MEB, PEB, or retroactive medical retirement help. But, that's just me.
  13. pittpan2005

    Social Security Administration (SSA) 2017 Wounded Warrior Publication

    Many active duty service members ask questions about applying for SSDI while on active duty. Many are ill informed, often by well intentioned people, that they are ineligible to receive SSDI benefits simply because they are receiving military compensation or on active duty. Attached is the most...
  14. pittpan2005

    Further updates and some questions

    It is coming along. Thanks Jason.
  15. pittpan2005

    TRICARE eligibility

    If 10 USC 1204 is the authorizing statute, you will be medically retired. Computation of pay is controlled by 10 USC 1401. Regarding Tricare, my instinct is to say you will be placed on a typical Tricare Standard plan, unless you choose Prime, but I am not 100% on that. I need to review some of...
  16. pittpan2005

    Should I still file for SSDI or wait?

    Yes, you can collect SSDI while on active duty.
  17. pittpan2005

    Ratings increase after I'm on TDRL?

    Are you talking about changing your DoD or VA rating?
  18. pittpan2005

    TDRL Pay

    For you, DoD pension is based on a 36 month average of base pay. While on TDRL you receive a minimum of 50% of that amount. If your VA compensation is higher than DoD pension, you receive the VA compensation instead. If eligible for CRSC, you might receive some of the DoD pension as well. If...
  19. pittpan2005

    NVLSP: Free IDES (MEB/PEB) and CRSC help!

    Can you clarify NVSLP's position? There is the MEB (return to duty, limited duty/profile, or refer to PEB), IPEB, and then FPEB. This thread is confusing. Are you saying they will only get involved after IPEB decision is returned (fit for duty or unfit with percentages), or at the MEB before the...
  20. pittpan2005

    TDRL Living Oversea?

    You can seek treatment outside the VA and MTFs. That is your choice. When it comes to re-eval, they might try and have the embassy coordinate it, or you may need to fly back to the states or somewhere for the re-eval.
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