I've been in ten years so far, and I'm currently getting med boarded for going inpatient for MH twice within two years. Tomorrow I have an MRI scheduled that will highlight an issue that's been present for some time now. How do I proceed from here, if the neurologist notices the issue? Thank you for your time.
10yr AD Hydrocephalus discovery during MEB for MH
- Thread starter NotDeceptive
- Start date
@Provis will possibly post more extensively after me, but since it looks like you have over 8 years of AD time, the hydrocephalus will be service connected. In previous VA rating cases on the VA website, hydrocephalus is treated/rated as a TBI. Personally, I would let your MEB attorney know about this ASAP. Depending on your job in your branch, it could be unfitting and be added to your MEB. See what the neurologist says and get it treated if you can. Take care of yourself first.
8 year rule:
citizen-soldier-law.myshopify.com
You can search for BVA decisions concerning hydrocephalus on their website to get an idea of how the VA evaluates and rates hydrocephalus: Just search "hydrocephalus" in the search box:
8 year rule:
- EXISTING PRIOR TO SERVICE AND THE EIGHT YEAR RULE
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL By law, a Soldier with over eight years of active Federal Service is eligible for disability compensation even if the condition is Exist Prior to...
citizen-soldier-law.myshopify.com
You can search for BVA decisions concerning hydrocephalus on their website to get an idea of how the VA evaluates and rates hydrocephalus: Just search "hydrocephalus" in the search box:
All I have right now is a PEBLO that stated that 50% for sleep apnea, 30% for depression, and 10% for tinnitus added up to 90% rating... Thank you for your assistance though.
Those sound like totals for VA ratings. Are all those conditions listed as unfitting? The DOD % rating is the combination of only unfitting conditions which is how they determine your medical retirement. Less than 30% and you get kicked with severance only. If the DOD% is 30% or higher you get the higher between your longevity earned or the DOD%.
I would get in contact with your service’s MEB attorney office immediately to review your case. The PEBLO is just an administrative paper pusher for the government. What service are in so we can help you get in touch with an attorney? or send me a PM with your base or post so I can find the contact info for you.
Air Force.
Since I’m not sure which base you are at here are a couple of links to the Office of Airmen’s Counsel. If these are not your base, you can call them anyway and ask for the number of the office on your base (AF may have one consolidated office for the entire force). This service is free…again, free. You can have the attorney look over your case for you and give you their advice/opinion. You do not have to accept their advice, but they will make sure your case is in order no matter what you decide to do. It’s good to have an Attorney just check it over because the MEB and PEB process is not perfect and any errors are harder to get corrected later in the process or after you come off active duty.
https://www.woundedwarrior.af.mil/Portals/23/documents/08_SUPPORT/04_Transition/01_Pre-Transition/18_A_Office%20of%20the%20Airmen's%20Counsel%20Trifold.pdf?ver=2018-07-10-150352-660
Legal team helps members facing separation due to disability
Air Force members who face separation from the service due to a medical condition need not stand alone as they navigate the Disability Evaluation System process.
www.jbsa.mil
OAC Contact info is: Commercial 210-565-0739 DSN 665-0739 based out of JB San Antonio-Randolph
Thank you, however the MRI did not occur today... Instead the neurologist scheduled me for cancer treatment for some reason. I have yet to determine why.Since I’m not sure which base you are at here are a couple of links to the Office of Airmen’s Counsel. If these are not your base, you can call them anyway and ask for the number of the office on your base (AF may have one consolidated office for the entire force). This service is free…again, free. You can have the attorney look over your case for you and give you their advice/opinion. You do not have to accept their advice, but they will make sure your case is in order no matter what you decide to do. It’s good to have an Attorney just check it over because the MEB and PEB process is not perfect and any errors are harder to get corrected later in the process or after you come off active duty.
https://www.woundedwarrior.af.mil/Portals/23/documents/08_SUPPORT/04_Transition/01_Pre-Transition/18_A_Office%20of%20the%20Airmen's%20Counsel%20Trifold.pdf?ver=2018-07-10-150352-660
Legal team helps members facing separation due to disability
Air Force members who face separation from the service due to a medical condition need not stand alone as they navigate the Disability Evaluation System process.www.jbsa.mil
OAC Contact info is: Commercial 210-565-0739 DSN 665-0739 based out of JB San Antonio-Randolph
50 + 30 + 10 does not equal 90%. In VA math it =70% VA
Since you don't have an attorney, I suggest you call the AF's free legal counsel, Office of Airman's Counsel in San Antonio. While the 8 year rule applies, there is the potential for legal action.
How would the 8-year rule affect me? Sorry for my tardiness, but I've been busy dealing with getting boarded for mental health.
Also, I'm still going through the RILO, but what number would I be contacting @chaplincharlie
No matter what conditions or disabilities you have or are diagnosed with prior to you leaving active duty, the VA and Air Force can’t deny them by saying the condition or disability existed prior to service (EPTS)/entering the military. I would say most commonly occurs to junior soldiers for some MH diagnosis and also genetic conditions. Since you are at 10 years AD, you do not have to worry about being denied anything due to EPTS. I would also get as many medical issues documented by your PCM or other medical specialist prior to leaving AD. Shoulder, foot, hand, knee injuries should be documented, even it was years ago. i can write more about this tomorrow, I’m about to fall asleep. i had a sleeping experience last night that hasn’t happened in over a year—nightmare followed by waking, not knowing where I was and thinking someone was outside my bedroom window. Regained my orientation, watched security camera footage at sometime 0100ish. Never fully slept again. It was not a good day for me. Sorry to dump this here, but no one understands how this feels when it happens, including my wife.
- EXISTING PRIOR TO SERVICE AND THE EIGHT YEAR RULE
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL By law, a Soldier with over eight years of active Federal Service is eligible for disability compensation even if the condition is Exist Prior to...
citizen-soldier-law.myshopify.com
if you were rated at 50%, 30%, 10% you rating would be 70%, not 90%.
Please dial your free counsel. S/he can give you specific legal advice. In addition to the eight year rule there is a possible legal issue. Talk to YOUR attorney. It is a free call
No matter what conditions or disabilities you have or are diagnosed with prior to you leaving active duty, the VA and Air Force can’t deny them by saying the condition or disability existed prior to service (EPTS)/entering the military. I would say most commonly occurs to junior soldiers for some MH diagnosis and also genetic conditions. Since you are at 10 years AD, you do not have to worry about being denied anything due to EPTS. I would also get as many medical issues documented by your PCM or other medical specialist prior to leaving AD. Shoulder, foot, hand, knee injuries should be documented, even it was years ago. i can write more about this tomorrow, I’m about to fall asleep. i had a sleeping experience last night that hasn’t happened in over a year—nightmare followed by waking, not knowing where I was and thinking someone was outside my bedroom window. Regained my orientation, watched security camera footage at sometime 0100ish. Never fully slept again. It was not a good day for me. Sorry to dump this here, but no one understands how this feels when it happens, including my wife.
- EXISTING PRIOR TO SERVICE AND THE EIGHT YEAR RULE
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL By law, a Soldier with over eight years of active Federal Service is eligible for disability compensation even if the condition is Exist Prior to...
"No matter what conditions or disabilities you have or are diagnosed with prior to you leaving active duty, the VA and Air Force can’t deny them by saying the condition or disability existed prior to service (EPTS)/entering the military."
I do appreciate this contribution.
However, I am still in the RILO phase. Should I wait to do the MRI until the MEB process has started? I have the Tricare authorization letter in hand, just wondering when I should use it.
The MRI is next week. Sorry if I said anything that was off-putting for you guys.
Always put you and your health first. Hopefully your MRI can give you the answers that can help you move forward in the process. I also hope it shows nothing significant. If you haven’t checked with the MEB attorney yet, just give them a try and again, you can always decide how you want to personally proceed in the process.