If the VA C&P exam says 'service aggravated', can the DoD say 'existed prior to service' and 'not aggravated' on the NARSUM? The opposite of the VA. If so, what method can fight that?
Existed prior to service - VA vs DoD Narsum
- Thread starter TortolliniShell
- Start date
I also have a Reserve IDRM that acknowledges prior to service but states aggravated in service "...determined to be ILOD for DES referral".
Yes. The VA and PEB can differ. The PEB is not bound by the docs input to make a decision. I had this happened to me 20 years ago when it was LDES.
Your recourse is appeals. So if the NARSUM docs are saying existed prior to service and not aggravated that would be where I start appealing. So you could do a rebuttal at that point and or IMR. Your attorney can give you some options to go from there.
Yes, the VA and DoD can have different positions, BUT the burden of proof that a condition was not aggravated by service falls on the VA/DoD, not the member. So lawyer up.
Ok, thanks. I'll definitely get with a lawyer. This hasn't happened yet, but the situation is something I'm facing soon.
The DoD IDRM stating it was aggravated and ILOD should count as the Army saying 'service aggravation'. Otherwise, I can't see a point for LODs or IDRMs. Also, the DoD won't evaluated us for retirement without one or a confirmed ILOD in other ways.
The feeling is that the MEB or PEB could just ignore that document and still say EPTS. Forcing us to have to fight for something already granted theoufh the LOD / IDRM.
The DoD IDRM stating it was aggravated and ILOD should count as the Army saying 'service aggravation'. Otherwise, I can't see a point for LODs or IDRMs. Also, the DoD won't evaluated us for retirement without one or a confirmed ILOD in other ways.
The feeling is that the MEB or PEB could just ignore that document and still say EPTS. Forcing us to have to fight for something already granted theoufh the LOD / IDRM.
Im on the same boat i have an LOD (not IDRM) for my back conditions, but the MEB still said EPTS with permanently aggravated by service. Not sure if I should concur with the MEB findings (Narsum 3/28/24) as service aggravated or appeal for a full in line of duty based on LOD.
If the MEB wrote service aggravated, you are good to go. Some of mine were that way. They "counted" and they were added to my final % on my PEB 199.
The MEB I went through was honestly a trash fire. The MEB was biased and it reflected. The MEB rebuttal wasn't done by the doctor who supposedly wrote my NARSUM. It requested all my conditions be TDRL, instead of permanent PDRL.
The PEB saw the MEB NARSUM and my rebuttal and ended up finding me unfit for all ILOD and service aggravated conditions. All conditions were found PDRL permanent. So, the PEB can see through a bad MEB write up and their decision is the one that "counts".
The MEB I went through was honestly a trash fire. The MEB was biased and it reflected. The MEB rebuttal wasn't done by the doctor who supposedly wrote my NARSUM. It requested all my conditions be TDRL, instead of permanent PDRL.
The PEB saw the MEB NARSUM and my rebuttal and ended up finding me unfit for all ILOD and service aggravated conditions. All conditions were found PDRL permanent. So, the PEB can see through a bad MEB write up and their decision is the one that "counts".
Yeah MEB seems to be biased toward denying as NOT ILD. They don’t wanna deal with taking care of soldier.
I do have a question about PDRL vs TDRL.
PTSD-based on NARSUM prognosis it states, "Given nature and duration of symptoms, as well as SM’s overall response to treatment opportunities, it appears highly unlikely SM will resolve symptoms and impairments due to the condition of PTSD during a three-year time frame sufficiently enough to be able to return to unrestricted duty".
Based on a review of DBQ Feb 2024 which was a PTSD Review, it looks like 70% for PTSD. I have already been at 70% for 10 years with the VA and considered “static”. The exam went well.
Q1: Does the fact that I have been at 70% for ten years and that the MEB stated "unlike" three-year return to duty mean PDRL?
Q2: they stated the same unlike to return to duty within next three years for physical conditions. Again does this give me better odds for PDRL?
I do have a question about PDRL vs TDRL.
PTSD-based on NARSUM prognosis it states, "Given nature and duration of symptoms, as well as SM’s overall response to treatment opportunities, it appears highly unlikely SM will resolve symptoms and impairments due to the condition of PTSD during a three-year time frame sufficiently enough to be able to return to unrestricted duty".
Based on a review of DBQ Feb 2024 which was a PTSD Review, it looks like 70% for PTSD. I have already been at 70% for 10 years with the VA and considered “static”. The exam went well.
Q1: Does the fact that I have been at 70% for ten years and that the MEB stated "unlike" three-year return to duty mean PDRL?
Q2: they stated the same unlike to return to duty within next three years for physical conditions. Again does this give me better odds for PDRL?
There's a rule about PTSD being "typically" TDRL with a re-eval within 18 months. I've seen posts here that were granted PDRL. It sounds like your situation you may well be given PDRL. If not, you won't have to wait long. Some of the re-evals are around 6 months.