Almost done but have some questions.

D

daduster

New Member
Registered Member
Hey all, been reading this forum throughout my PEB process. You all have been very helpful, and I've learned countless tidbits of information here that has helped me.

My VA ratings were sent back to the PEB on October 3rd, so hopefully getting a call any day now. I called the VA today and got them to fax me my proposed ratings while I await that phone call. I got 70% VA, which I am happy with. 10% of it is for my referred condition, while another condition claimed got 30%. Since I do have one condition at 30%, will I be able to retire or will I only get separated because the referred condition was below 30%?

I would also like the VA to re-evaluate one of my conditions that they rated at 0% in addition to a condition that was added after my original claim opened that they didn't address in the ratings. Has anyone ever added another claim during the PEB process and not seen it addressed with all of the claims originally submitted with the VA? This missing condition should have a significant impact and I would like it to be investigated, but not at the cost of prolonging the PEB process. I am hoping to go on terminal leave before the holidays, so I can't afford to cause any delays, and I'm not sure if bringing that up when I get my results will cause a delay? Same with wanting one of the conditions re-evaluated.

Thank you all so much for the help over the months while I've been just reading here!
 
daduster said:
Hey all, been reading this forum throughout my PEB process. You all have been very helpful, and I've learned countless tidbits of information here that has helped me.

My VA ratings were sent back to the PEB on October 3rd, so hopefully getting a call any day now. I called the VA today and got them to fax me my proposed ratings while I await that phone call. I got 70% VA, which I am happy with. 10% of it is for my referred condition, while another condition claimed got 30%. Since I do have one condition at 30%, will I be able to retire or will I only get separated because the referred condition was below 30%?

I would also like the VA to re-evaluate one of my conditions that they rated at 0% in addition to a condition that was added after my original claim opened that they didn't address in the ratings. Has anyone ever added another claim during the PEB process and not seen it addressed with all of the claims originally submitted with the VA? This missing condition should have a significant impact and I would like it to be investigated, but not at the cost of prolonging the PEB process. I am hoping to go on terminal leave before the holidays, so I can't afford to cause any delays, and I'm not sure if bringing that up when I get my results will cause a delay? Same with wanting one of the conditions re-evaluated.

Thank you all so much for the help over the months while I've been just reading here!
Click to expand...
If your referred condition is below 30%, then you will be separated with severance pay. If you are not satisfied with the rating and you think you should get more than 30% for your referred condition with enough evidence to proof that, then you can do VA rating reconsideration (VARR). As for the other claim not added, you can have up to one year after you separate from the service to file additional claim.
 
I just got my findings back on November 4th, same thing happened to me. I got 10% for my referred condition and 50% over all from the VA, which means 10% DoD and not medically retired. However, go see your VA representative because mine told me that he can move the other ratings from the VA to DoD, which will increase your DoD side and have you medically retired. Your case will have to go back for a formal board though.
 
It depends. DoD looks at the VA ratings, not just the referred condition and determines which are fitting or unfitting.
 
chaplaincharlie said:
It depends. DoD looks at the VA ratings, not just the referred condition and determines which are fitting or unfitting.
Click to expand...
So it is entirely possible that if something was not originally referred, but is in itself unfitting, the DOD will consider it part of its percentage?
 
happysad said:
So it is entirely possible that if something was not originally referred, but is in itself unfitting, the DOD will consider it part of its percentage?
Click to expand...

This is the mess that I am currently in. My 618 only lists one condition for the IPEB to evaluate and I want them to also evaluate my back condition, which is significantly limiting on my ability to deploy and perform my duties at work. Prior to my package getting sent to the IPEB I requested an Impartial Review, however, this came back with them denying my request to add my back condition to the 618. So I wrote a rebuttal letter to the members of the medical evaluation board and am waiting on a response from them. Should hear back next week some time.
 
happysad said:
So it is entirely possible that if something was not originally referred, but is in itself unfitting, the DOD will consider it part of its percentage?
Click to expand...
Not automatic, such condition must be added during the MEB phase to be considered by the PEB as unfit
 
dotlak said:
Not automatic, such condition must be added during the MEB phase to be considered by the PEB as unfit
Click to expand...

That is what I feared would happen to me! My PEBLO told me that the board may consider my back condition during their evaluation, but there is no guarantee they will. I asked what would happen if they didn't and she said I would have to appeal to the formal board.
 
The DoD instruction requires the board to consider all conditions.
 
chaplaincharlie said:
The DoD instruction requires the board to consider all conditions.
Click to expand...

Hello, could you possibly paste the portion of the DoD instruction here that talks about that? I was trying to find it but can't locate it myself.
This whole process is very stressful :confused:
 
happysad said:
Hello, could you possibly paste the portion of the DoD instruction here that talks about that? I was trying to find it but can't locate it myself.
This whole process is very stressful :confused:
Click to expand...

I second that request!
 
I have a related concern, now that I have my findings back. My referred condition actually was split into two conditions by the VA, 10% for each--mononeuritis lower-limb and inguinal neuropathy. They also list 30% Anxiety with adjustment disorder with depressed mood (which is a result of original finding, but was not listed that way on my NARSUM).

Anyway, my concern is that I have 23 years of Active Service, so everyone automatically assumes "Oh, well you will just retire." But then I explain that I do not have 10 years commissioned, but also, just last year, my designator was added to the list of designators that can be considered for early, 8-year commissioned retirement. When I e-mailed PERS a couple years back when all this started (now my 2nd PEB), they said that if I was Medically Retired, it was considered involuntary, and the commissioned requirement 'goes out the window', but they DIDN'T say Medical Separation would allow that commissioned requirement to be negated, so I'm a bit worried, and I don't know how to get the answer.

Any insight provided would be of great assistance; I'd like to know the answer prior to my findings being presented to me by the PEBLO. I was able to finally get a VA Rep on the phone that wouldn't give me the same story about Federal Law prohibiting them from FAXing my VA Ratings, and did exactly that, and got 90% VA Rating overall, which is great, but I'm really hoping that will be a 'concurrent receipt' in addition to my military retirement, and not considered my ONLY retirement. I also do not want to have to go to FPEB to try to get my rating 'bumped' to 30% retirement; this has been stressful enough on it's own.

Thanks in advance for any assistance.
 
(12) Use the results of VA disability examinations to identify any medical conditions that, individually or collectively, prevent the Service member from performing the duties of the member’s office, grade, rank, or rating.

DoDM 1332.18-V2, August 5, 2014
 
I encourage member undergoing MEB to read their service regulations and the DoDI for themselves. Depending on others to read the regulations will results in lost opportunities. The pay of members for the rest of your life depends on the member being proactive!
 
chaplaincharlie said:
I encourage member undergoing MEB to read their service regulations and the DoDI for themselves. Depending on others to read the regulations will results in lost opportunities. The pay of members for the rest of your life depends on the member being proactive!
Click to expand...

I agree. The problem is, sometimes, the service member, as in my case, has scoured the Navy Regs, MILPERSMANs, etc., associated with my situation, and nothing clearly stipulates what will take place if the PEB comes back and finds me UNFIT, yet below the 30% threshold, which would usually mean 'separation', not 'retirement'. But the fact that I have 23 years active service leads me to believe that I should be entitled to my military retirement, but aha, then comes the factor of my not have completed 10 years of Commissioned Service.

So it's not that I haven't read through every resource out there I can find, or am aware of, which is why I am asking the question here; my particular situation is simply not addressed, and this is why I AM asking the question prior to my results becoming official, so I know what I need to do when they ARE presented to me, and IF they are presented as 'separated', not 'retired', because I have a timeline to decide whether I intend to file for a formal board or not. If I am indeed 'covered', and will receive my High 3 Retirement regardless of the nature of the finding of being UNFIT, then I am not going to want to file for a formal board. But if based upon my unique situation, the Navy offers me a severance vs Retirement, then I need to file for a FPEB in order to attempt to raise my %s to 30% so that I CAN retire.

So, I am asking if anyone here can guide me to a Navy reference that will explain this, but honestly, I do not think such a pub exists that explains the outcome for this unique type of situation.

Thank you.
 
The USN is subject to all DoD Instructions. I'd start by reading the DoD Instructions. You will find the broad guidance in the DoDIs. DoDIs, service regulations and VA regs that all play a part at different times in the process.
 
You must log in or register to reply here.
Top