Advice on next step...

[AMIL68T]

The attorney reviewed my NARSUM and 3947 and told me that I can expect at least 30% from DoD and 50% or more from VA. Good!

My issue is I'm worried about my VA rating for my migraines due to what the MED doc wrote on my NARSUM. I've have been seen multiple times within the past 2 yrs and have ALL the documentation, given quarters about 95% of the time and still have the slips, have had one ER visit in DEC 12, and have a memo from my OIC, but they didn't take any of that when I did my C&P exams because "we don't take paperwork." And my MEB doc only reviewed the last 6 mos of my med records, which I haven't been seen because I was either out for surgery or on leave.

I know once I get my ratings I can only appeal the DoD ratings which will be my back and shoulder. Would it be a good idea now to try and get my migraines as not meeting medical retention or should I risk waiting to see what the ratings are?

Any advice is welcome!

 

[pittpan2005]

The attorney reviewed my NARSUM and 3947 and told me that I can expect at least 30% from DoD and 50% or more from VA. Good!

My issue is I'm worried about my VA rating for my migraines due to what the MED doc wrote on my NARSUM. I've have been seen multiple times within the past 2 yrs and have ALL the documentation, given quarters about 95% of the time and still have the slips, have had one ER visit in DEC 12, and have a memo from my OIC, but they didn't take any of that when I did my C&P exams because "we don't take paperwork." And my MEB doc only reviewed the last 6 mos of my med records, which I haven't been seen because I was either out for surgery or on leave.

I know once I get my ratings I can only appeal the DoD ratings which will be my back and shoulder. Would it be a good idea now to try and get my migraines as not meeting medical retention or should I risk waiting to see what the ratings are?

Any advice is welcome!

Amil,
Great move speaking with an attorney early and I suggest you keep that in mind as you continue through the process.

1.) You CAN appeal both DoD (PEB) and VA ratings. The PEB appeal would be the formal PEB (FPEB) and a VA appeal is called a reconsideration. A VA reconsideration can be done once while still on active duty, but they only review the ratings associated with conditions the PEB found to be unfitting.
Ex: The PEB says migraines are not unfitting (don't prevent continued military service). A VA reconsideration would not review your migraines rating.
EX2: The PEB says migraines are unfitting (prevent continued military service). A VA reconsideration would allow the VA to review your migraines rating.

2.) An attorney can help you decide if and when you should do a VA reconsideration. If you have conditions that have not been addressed by the PEB and you want them added on the DoD side, you would appeal to the FPEB. If you were/are successful in having those new conditions added as "unfitting" you would likely have a higher DoD rating and also then be able to do a VA reconsideration inclusive of more conditions.

 

[AMIL68T]

Thank you. I asked for a IMR to see if I can get my migraines bumped up to not meeting retention standard. No harm in trying. I rather fight for higher VA ratings for that while I'm still AD, instead of doing it later on.

 

[Warrior644]

Thank you. I asked for a IMR to see if I can get my migraines bumped up to not meeting retention standard. No harm in trying. I rather fight for higher VA ratings for that while I'm still AD, instead of doing it later on.

Exactly; and good job!

Now, that's positively proactive thinking which shall yield favorable determinations while in the DoD IDES MEB/PEB process in my opinion!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!

 

[AMIL68T]

Thanks so much for the help and advice! Now I'm waiting on PEB and ratings.

Hopefully this part of the process doesn't move at snail speed...

 

[Warrior644]

Thanks so much for the help and advice! Now I'm waiting on PEB and ratings.

Hopefully this part of the process doesn't move at snail speed...

Good deal, as you continue forward within the DoD IDES MEB/PEB process!

To that extent, the DoVA is continuing to implement several initiatives to meet the Department’s goal to eliminate the claims backlog in 2015.

As a result of these initiatives, DoVA’s total claims inventory has dropped to its lowest levels since March 2011.

That being evident, the number of claims in the DoVA backlog (e.g., claims pending more than 125 days) has been reduced by 18 percent as compared to the highest point in March 2013.

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!