I was told that I was being Med boarded in October of 2021. Finally we're ready to send my package out in October of 2022 to be sent to peb. They were missing a lot of conditions that should have been added so I wrote a letter of concern, the evaluating provider agreed with me to have them added. After they sent out the package arpc said there was missing information, my local Med Group didn't know how to reconcile it so they just said they're probably not boardable they were directed by the Guard Bureau to just remove them unilaterally. What can I do at this point?
Getting beat up
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When the PEBLO schedules a meeting between you and the MSC (VA person) you can claim everything. The PEB is required to consider all your contentions to see if they are unfitting. Additionally if the IPEB doesn’t look at everything, you can appeal to the FPEB. Safeguard all documents that support the statements in your post. Keep the faith.
Most Soldiers don't get everything added that they want to be considered as unfitting. @chaplaincharlie 's advice is solid. In addition to that make sure to appeal at every stage to have those unlisted conditions added. So for example when the NARSUM is done you can request an IMR and rebut the findings in the NARSUM that some conditions are considered fit when you believe they should be considered unfitting. Also, you may want to consult and maybe hire a private attorney that can work with you to craft your strategy to get the best results possible. I assume you have LOD's or were on Orders based on your original post. If they submit the package as Non Duty Related IDES then its even a bigger fight because they are saying none of the potential unfitting conditions were caused or aggravated while serving.
That's the thing, I did and IMR letter of concern and won. They added the conditions. But once it got sent to arpc they "requested additional information" and my unit just said well those conditions probably shouldn't be in there anyway
You know I'm sorry I posted I think in the wrong section I'm actually Air Force
Don't worry about being in the right section. It happens frequently. It's no big deal.
Keep the proof that you "won" your IMR. I hate to compare the PEB to a war, but there are lots of battles in the PEB war. Nothing is lost yet. You "won." Keep that for an appeal. There are many checks and balances. Document everything! Never give up your documents, only copies. The USAF has the Office of Airmen's Counsel. It is free to you. Consult them. They do PEB related stuff exclusively. They are located at Randolph AFB where appeals take place.
Keep the proof that you "won" your IMR. I hate to compare the PEB to a war, but there are lots of battles in the PEB war. Nothing is lost yet. You "won." Keep that for an appeal. There are many checks and balances. Document everything! Never give up your documents, only copies. The USAF has the Office of Airmen's Counsel. It is free to you. Consult them. They do PEB related stuff exclusively. They are located at Randolph AFB where appeals take place.
Thank you for your response Sir, I reached out to the office of disability counsel and they pretty much confirmed that my entire case is been dealt with in a very poor Manner and that the only real action I can take is at the appeal. You're definitely right about the documentation I need to get my house in order as far as that goes it's hard to balance this whole thing
It is difficult. A great strategy is to separate the difficulties into two piles. Those which you have some control and those that you don’t. Work only on what you control. As you progress through the processes of an MEB/PEB, you will have to resort the piles.
That’s great advice sir. This process is a marathon and there are a lot of things out of your control. It’s easy to go crazy worrying about those things all the time if you allow yourself to. It’s best to make some positive use out of the waiting periods.
If your still on the initial paperwork with medical it shouldn't be a big deal. I had 3 listed on my IDES referral. I had over 20 on my VA paperwork because the lawyer had me list every bump and bruise so that it would automatically be service connected if aggravated in the future.
Hi friends just wanted to give an update and had a question that requires some serious thought on my part. So I got back my proposed ratings today 100% VA, 80% from MEB. My question is that the Air Force rated me 50% for PTSD, MDD and panic disorders. The VA rated me for chronic adjustment disorder 50%.
Now most people are telling me take it and don't look back but chronic adjustment disorder is considered a temporary thing and I fear there will be a quick turnaround reevaluation. I've been dealing with this for over 4 years now. I thought during an Meb that the VA had to rate you for conditions that you were actually removed for. I'm eager to move on with my life and I don't want to prolong this any longer but I don't want to make a mistake now that could cost me in the future. I'd appreciate any advice thank you very much
Now most people are telling me take it and don't look back but chronic adjustment disorder is considered a temporary thing and I fear there will be a quick turnaround reevaluation. I've been dealing with this for over 4 years now. I thought during an Meb that the VA had to rate you for conditions that you were actually removed for. I'm eager to move on with my life and I don't want to prolong this any longer but I don't want to make a mistake now that could cost me in the future. I'd appreciate any advice thank you very much
All mental health conditions are lumped together and all of them are TDRL unless you max out DOD% from other unfitting conditions. I would accept and continue to seek treatment once out to show that the condition is still stable so that you can be moved from TDRL to PDRL.
mine were already determined permanent PDRL on the AF side, am i mixing something up?
The only mental health condition mandated by law to be TDRL is PTSD. Many folks get PDRL for other mental health conditions.
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Don't get confused by the language from the PEB findings (oftentimes stating a condition and then adding "claimed" or "VA rated as" and then stating a different condition) and the VA proposed rating terminology. Sometimes it may matter, but in your case, I doubt it.
Chronic adjustment disorder is when the disorder does not resolve within 6 months. So, you can have chronic adjustment disorder for years. Based on what you wrote, I don't see an issue that should concern you.
Best of luck with your post-retirement and transition to civilian life!
Chronic adjustment disorder is when the disorder does not resolve within 6 months. So, you can have chronic adjustment disorder for years. Based on what you wrote, I don't see an issue that should concern you.
Best of luck with your post-retirement and transition to civilian life!
yes it says chronic adjustment disorder claimed as ptsd, mdd..etc
Hello Sir I really hate to be that guy but could ask one more question. I never really considered taking the military retirement over the VA compensation. But 80% from the military with my rank time service is a decent amount. It's a few hundred dollars less than the VA and I realized that it's taxed. But what is the likelihood that the VA does reevaluations down the line and reduces my percentage once I've waived my military retirement? Is there a consideration of security when accepting the military retirement over the VA? Thank you for your time.
There is absolutely no downside to accepting VA compensation! You aren't choosing one over the other. You are just agreeing to offset the pension amount equal to what you receive in VA disability. This will net you more pay as the VA compensation is not taxable. Any amounts over the offset you will receive from your pension. Also, if you later on apply for CRSC you MUST have accepted VA compensation to get it. The pension from Chapter 61 will be the minimum amount you receive no matter the VA compensation given.
Thanks for the reponse. In my case I don't get concurrent pay (under 20 years), the way it was explained to me is that I receive one or the other. I have to wave my Air Force medical retirement in order to receive the VA compensation. CRSC doesnt apply.