Fort Lewis PEB

[shortfuse33]

New update.

My case is now going backwards. Upon completion of my new exam my case reverts back to the MEB. I then get to appeal all over again.

Here is my time line at Ft Lewis.

1. Dec 7th 2011 contacted made to set up Narsum intake
2. Dec 29th Initial Teleconference
3. Feb 8th 2012 VA Teleconference
4. March 5th & 9th VA C&P
5. March 13th Full physical eval at Madigan
6. April 4th Narsum teleconference got all findings found one doctor falsified records.
7. April 15th elected IMR
8. May 2nd Talked to third party PA.
9. May 21st Got my findings from the IMR ( Sided with me)
10.May 25th Appealed
11. Madigan started restructuring towards the new IDES Appeal was lost.
12. July 20th Got a new PEBLO all paperwork was lost.
13. I send over everything all over again.
14. Sometime in Sept 2012 I get my appeal back. ( Note they did not read it)
15. Found out the doctor that falsified my records was terminated for falsifying records. Go figure
16. Nov 2nd case was sent to IPEB.
17. Nov 5th Case was rejected due to errors by my CDR's statement.
18. Dec 7th correction were made PEB rushed my case to the top of the line.
19. Dec 10th found unfit.
20. Dec 15th I wrote the VA a 14 page document showing falsification by the above doctor along with missing health care records. launched an investigation against this doctor with the California Medical Board
21. Dec 11th VA receives claim
22. Jan 25th 2013 VA determines I was correct about the falsification and orders a new test.
23. Still waiting on the new exam.

Note: Soldiers fight everything that's unjust. Just because people may have the status of Dr's does not mean they are ethical.

 

[eagleone]

Anyone hear what the current wait time for the VA to give their final ratings after a disability retirement?

 

[bjlove]

Eagleone,

I was told by the VA MSC that it will take any where from 60-120 days to get the final ratings.

 

[disease hunter]

Eagleone,
I got out Jan 14th and am still waiting. Funny how I was told that final rating and pay would start the next month. I went through 18 months of the "better" IDES program so I wouldn't have to wait for that payment.

 

[shadow4]

UPDATE:
02 Feb- recommended MEB
23 Mar - VA C&P appointments complete
03 Apr- Narsum appointment/MEB
13 Apr - MEB found does not meet retention standards
16 Apr- packet sent to PEB Fort Lewis
9 Jun- PEB found unfit
14 JUNE- VA ebenefits changed to pending decision approval
11 Sept - agreed with findings and signed 199
31 DEC - Retired from active duty
01 JAN 13- VA case reopened
20 JUN 13- Final Decision made

On 31 DEC 2012 I was medically retired from the Army after 14 years of service with a 100% proposed rating:
Menieres 100%
PTSD 50%
On 20 June 2013 The VA made a final decision with a combined rating of 70%
Menieres 30%
PTSD 50%
Hearing loss 0%
I feel I should have the 100% for Menieres as I meet the rating criteria. I have recently failed college courses do to being in bed or problems with Menieres and not being able to complete the course work on time. I also have not found employment or feel stable enough to work full time. Social Security also agreed that my condition is severe and awarded SSDI. Has anybody had this situation where the final award was reduced from the proposed this much? Should I request an increase for Menieres or instantly appeal the decision?

 

[Warrior644]

On 31 DEC 2012 I was medically retired from the Army after 14 years of service with a 100% proposed rating:
Menieres 100%
PTSD 50%
On 20 June 2013 The VA made a final decision with a combined rating of 70%
Menieres 30%
PTSD 50%
Hearing loss 0%
I feel I should have the 100% for Menieres as I meet the rating criteria. I have recently failed college courses do to being in bed or problems with Menieres and not being able to complete the course work on time. I also have not found employment or feel stable enough to work full time. Social Security also agreed that my condition is severe and awarded SSDI. Has anybody had this situation where the final award was reduced from the proposed this much? Should I request an increase for Menieres or instantly appeal the decision?

Based upon the information provided, I would suggest that you request a DoVA rate increase initially since the turn-around time is potentially much less than submittal of an official appeal via the DoVA Notice of Disagreement (NOD) process.

If the objective medical evidence within your service/VA treatment record showed improvement prior to the adjudication of the final DoVA rating, then an individual shall receive a decreased DoVA final rating.

If I may ask, when were you officially awarded SSA SSDI compensation? Was your award of SSA SSDI compensation prior to the official award of your DoVA final rating? Moreover, what was the SSA SSDI award based on as the primary diagnosis and secondary diagnosis? What did SSA DDS state were the medically determinable impairments and its severity?

With that all said, you will need to overwhelmingly prove via objective medical evidence and/or documentation that your “Menieres” disease medical condition meets the VASRD criteria which you seek whether by DoVA rating increase request or official DoVA appeal process.

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

Best Wishes!

 

[Jason Perry]

I pointed out some of the below points in a recent reply to another post. None of this is to sharpshoot @Warrior644 - he has posted a lot of very helpful information and input on may posts. Still, there are some important disctinctions.

Based upon the information provided, I would suggest that you request a DoVA rate increase initially since the turn-around time is potentially much less than submittal of an official appeal via the DoVA Notice of Disagreement (NOD) process.

I am not sure this is the best course of action. The main issue would be effective date of any award. A request for an increase would likely only be effective as of date of claim. An appeal, if successful, would mean that your award would be backdated to the date of original claim.

If the objective medical evidence within your service/VA treatment record showed improvement prior to the adjudication of the final DoVA rating, then an individual shall receive a decreased DoVA final rating.

This is a very complicated point. First, subjective testimony may be considered. Also, I think it is not technically correct to say "shall" in the above quote. Remember, the VA has to consider the entire history of the claimant's records. Sometimes this means that a decrease will be found. However, depending on the length of the previous rating, the evidence provided as a basis for the reduction, and other factors, the above statement is not wholly accurate.

If I may ask, when were you officially awarded SSA SSDI compensation? Was your award of SSA SSDI compensation prior to the official award of your DoVA final rating? Moreover, what was the SSA SSDI award based on as the primary diagnosis and secondary diagnosis? What did SSA DDS state were the medically determinable impairments and its severity?

These are very good questions. However, I am not sure how much importance should be placed on the "official date of award." I would suggest that an SSDI award "near in time" to the military rating may support and be good evidence of Total Disability based on Individual Unempolyability. Again, there are some important technical issues here.

With that all said, you will need to overwhelmingly prove via objective medical evidence and/or documentation that your “Menieres” disease medical condition meets the VASRD criteria which you seek whether by DoVA rating increase request or official DoVA appeal process.

See this post: http://www.pebforum.com/site/threads/va-reduced-final-rating-from-proposed-rating.19969/#post-100012

 

[Warrior644]

I pointed out some of the below points in a recent reply to another post. None of this is to sharpshoot @Warrior644 - he has posted a lot of very helpful information and input on may posts. Still, there are some important disctinctions.

Appreciate the pinpointed distinctions albeit no worries, it's all good; not the first time I've taken a bullet for the benefit of military personnel.

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

Best Wishes!

 

[Jason Perry]

Appreciate the pinpointed distinctions albeit no worries, it's all good; not the first time I've taken a bullet for the benefit of military personnel.

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

Best Wishes!

I am sincere in stating that you offer a lot of help to members. I only pointed this issue out twice because of the nature of forums, people may miss posts that discuss the same topics in different threads. Issues of evidence and what type of evidence are particularly important in advancing a case or claim.

I plan to provide some baseline summaries on many of these issues in the near future (in my free time- stated with full irony intended).

Thanks to you and everyone who participates in these forums to help others!

 

[ArmyHist]

Glad for you all! My MEB attorney stated today that we don't need to have a memo or any type of dispute to accompany it. However the form states

which indicates they expect "something". Being as I was found presumptively fit ....

so I have to find a way to defeat that argument! But glad to hear so many others are doing well.

 

[Jason Perry]

Glad for you all! My MEB attorney stated today that we don't need to have a memo or any type of dispute to accompany it. However the form states

which indicates they expect "something". Being as I was found presumptively fit ....

so I have to find a way to defeat that argument! But glad to hear so many others are doing well.

Well, at some point you need to have an argument and/or evidence to support it to get the outcome you want...just not needed based on the form...."My written appeal is not attached" would cover it.

 

[ArmyHist]

Well, at some point you need to have an argument and/or evidence to support it to get the outcome you want...just not needed based on the form...."My written appeal is not attached" would cover it.

Jason:
Thank you my friend!

Smitty

 

[ArmyHist]

What we discovered was this...the board made its finding on an OER showing me still on duty in a unit.
The Board made its recommendation to find me fit, simply and solely, based on an incorrect OER. I presented evidence to the board that I could not have received an OER for the rating period they used to incorrectly justify finding me fit. However the board chose to use this incorrect OER (that incorrectly ran through 7/22/12) in order to get an incorrect presumption of fitness outcome based on their incorrect assumption that I was within 1 year of my MRD. However a simple side-by-side comparison of the orders assigning me to the WTU dated 27 FEB 2012 and the incorrect OER with a thru date of 22 July 2012 that the board used, could only lead one to conclude I could not have received an OER for those dates as I was assigned to the WTU. Despite providing orders that I was in the WTU as of the period of the alleged rating, the board ruled based upon the 7/22/2012 OER that was incorrectly placed at my file at HRC. The board incorrectly surmised that due to the incorrect OER, I was within my one year MRD window. Again, this was not a correct finding.

On 11 JAN 2014, HRC subsequently corrected the incorrect OER used to incorrectly justify the presumption of fitness by the JBLM Physical Evaluation Board. The thru date of the corrected OER is 26 FEB 2012, before my entering the WTU at Ft Stewart, GA. I was placed into the WTU prior to entering the one year zone prior to my MRD.

So we appeal as the board asked me one question. t's great to have a board with 2 over-weight o5's who had never seen combat or deployed!

 

[ArmyHist]

The BLUF on all this is as Jason says time and time aain, know your stuff inside and out!

 

[Warrior644]

What we discovered was this...the board made its finding on an OER showing me still on duty in a unit.
The Board made its recommendation to find me fit, simply and solely, based on an incorrect OER. I presented evidence to the board that I could not have received an OER for the rating period they used to incorrectly justify finding me fit. However the board chose to use this incorrect OER (that incorrectly ran through 7/22/12) in order to get an incorrect presumption of fitness outcome based on their incorrect assumption that I was within 1 year of my MRD. However a simple side-by-side comparison of the orders assigning me to the WTU dated 27 FEB 2012 and the incorrect OER with a thru date of 22 July 2012 that the board used, could only lead one to conclude I could not have received an OER for those dates as I was assigned to the WTU. Despite providing orders that I was in the WTU as of the period of the alleged rating, the board ruled based upon the 7/22/2012 OER that was incorrectly placed at my file at HRC. The board incorrectly surmised that due to the incorrect OER, I was within my one year MRD window. Again, this was not a correct finding.

On 11 JAN 2014, HRC subsequently corrected the incorrect OER used to incorrectly justify the presumption of fitness by the JBLM Physical Evaluation Board. The thru date of the corrected OER is 26 FEB 2012, before my entering the WTU at Ft Stewart, GA. I was placed into the WTU prior to entering the one year zone prior to my MRD.

So we appeal as the board asked me one question. t's great to have a board with 2 over-weight o5's who had never seen combat or deployed!

Hmm, good deal for sure in reference to actually being able to discover the error of fact by the board! Again, good job and congratulations!

To that extent, what were the official findings of that board? What's next for you at this point?

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

Best Wishes!

 

[ArmyHist]

What was ironic was the issue was figured out by a CENTCOM E* after the OER Branch Chief at HRC pinged me about how I got from CENTCOM to the WTU without an order from CENTCOM. You need to always be certain how all the linkages work if you are in the Reserves, ARNG or more so the IRR as you have no unit to turn to for help.

 

[ArmyHist]

Hmm, good deal for sure in reference to actually being able to discover the error of fact by the board! Again, good job and congratulations!

To that extent, what were the official findings of that board? What's next for you at this point?

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

Best Wishes!

The board appeal process found against me yet again saying clearing duties were within the scope of my officer rank and such...

 

[Warrior644]

The board appeal process found against me yet again saying clearing duties were within the scope of my officer rank and such...

Indeed, it's saddened to hear the unfavorable outcome albeit I applaud and commend your efforts to have remained in the appeal's process fight until the specific unfortunate decision was rendered! Take care!

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

Best Wishes!

 

[ArmyHist]

The irony is I was placed by orders into the WTU system on 27 FEB 12 which at that time I belonged to Ft. Stewart WTU - the board maintains that just because my orders were not published and didnot reach me or my WTU until 1 March I wasn't in the system.