Confused on Rating Decision

Hey everyone. Brand new to this forum so hope I'm making this post in the right place. I have a fairly unusual situation. I received an administrative discharge condition, not a disability, after I had a lot of trouble with my mental health and TBI due to a combat injury. The "condition" was never named. I signed off on it at the time because I was severely messed up and had a horrible command. They threatened that I either sign off or they would kick me out with a dishonorable discharge. 15 years later I put in an application at the Board of Corrections and they granted my request.


I have since been put in the legacy IDES process. The medical review phase basically said "yeah, he was screwed by his command, he should get 70% for PTSD and 50% for TBI/Migranes. I would have been happy for this. However, the MEB board seemed to completely ignore the medical review. Under the "Medical Conditions Determined to be Unfitting" section, they listed "due to intentional misconduct, willful neglect, or unauthorized absence" plus "pre existing and without aggravation". This makes absolutely no sense because I never got in trouble in the military (or anytime) and the conditions weren't pre-existing (that was granted by the board of corrections). Later on they acknowledge it was all combat related.


Long story short, they just gave me 30% for PTSD and permanent retirement. I dont care about Tricare and I find their finding extremely odd. My PEBLO said he hasn't ever seen anything like it. Im preparing my appeal and would like some insight on what to focus on and what to know to make sure I am eligible for CRSC as well. Also, if anyone knows an afforded attorney for this, I'd appreciate it.

 

[Provis]

Hey everyone. Brand new to this forum so hope I'm making this post in the right place. I have a fairly unusual situation. I received an administrative discharge condition, not a disability, after I had a lot of trouble with my mental health and TBI due to a combat injury. The "condition" was never named. I signed off on it at the time because I was severely messed up and had a horrible command. They threatened that I either sign off or they would kick me out with a dishonorable discharge. 15 years later I put in an application at the Board of Corrections and they granted my request.


I have since been put in the legacy IDES process. The medical review phase basically said "yeah, he was screwed by his command, he should get 70% for PTSD and 50% for TBI/Migranes. I would have been happy for this. However, the MEB board seemed to completely ignore the medical review. Under the "Medical Conditions Determined to be Unfitting" section, they listed "due to intentional misconduct, willful neglect, or unauthorized absence" plus "pre existing and without aggravation". This makes absolutely no sense because I never got in trouble in the military (or anytime) and the conditions weren't pre-existing (that was granted by the board of corrections). Later on they acknowledge it was all combat related.


Long story short, they just gave me 30% for PTSD and permanent retirement. I dont care about Tricare and I find their finding extremely odd. My PEBLO said he hasn't ever seen anything like it. Im preparing my appeal and would like some insight on what to focus on and what to know to make sure I am eligible for CRSC as well. Also, if anyone knows an afforded attorney for this, I'd appreciate it.

Normally I say to fight it but since you got 30% PTSD you earned a retro retirement. I would accept. Then you can apply for CRSC. Tricare is huge for you and your family. Even if you don't think you need it now, later on you may.

Normally a medical retirement is to get Tricare and allows you to qualify for getting CRSC if approved. So I would accept the 30% and not try to appeal it. If appealed you could lose everything which doesn't make sense. Unless you were a high up officer getting a higher % won't affect your actual pay. You see any retirement pay received will be offset by any VA money you get and for most everyone their VA pay is higher than their retirement pay leaving them with no increase in net pay.

 

[oujosh29]

Thanks for the advice. I'm aware of the offset, but I want to appeal for three reasons. 1) if I get to 75% (I believe this is the max used in the calculation) I'll get substantial backpay going back to 2008. 2) I was only in 3 years, so CRSC won't be much unless I get the at least 75%. 3) the Major Richard Star Act may pass someday (emphasis on someday), but if it does, I would want my medical retirement be as high as possible. Plus, I believe I can get the full 75% be rated as combat disability.


Between my federal insurance, Champ VA, and tribal medical care, tricare isnt worth giving up the above. The backpay could potentially be in the 6 figures.

 

[justgoingthroughit]

As of 19 November my IPEB package is “PENDING DRAS”, but i have had my proposed rating since 17 October, so what is the delay? I called the VA and confirmed the proposed rating was sent to the PEB on 15 October She also said she sent up me and 2 others on the same day and one of them came back today.