How is DOD % Calculated?

[JohnDoeUSMC]

Hello, sorry if this question has been answered previously.

I just started my Med Board process and I desire to be found unfit for duty. I have two conditions I am being referred for: Chronic Back Pain (unspecified) and Adhesive capsulitis.

I understand that during the PEB phase is when they decide whether you are fit/unfit, which is determined based on your DOD % (10%-20% separation >30% retirement).

My question is how do they determine the DOD % of your Med Board conditions? Is it based on what the VA gives you for your med board conditions only? or based on something else?

 

[Provis]

DOD by law must use the VA's ratings for those conditions. So look up each condition to see what rating should be. So for example, my wife was referred for migraines and chronic sinusitis. The VA rated each condition 50%. Then gotta use VA math. 100% - 50% = 50% leftover. 50% leftover -50% for the other condition = 25%. 50% + 25% = 75% DOD. By law 5's are rounded up. So 75% = DOD 80%. FYI by law the most you can get 9s 75% so if you have a DOD 75% u or higher you max out your chapter 61 pension.

Getting your ratings correct is the most important thing other than to be found unfit. Also, if you just started your MEB I strongly recommend you look at hiring a dedicate private attorney if you want to ensure you get the best result. Added bonus is peace of mind throughout the process!

 

[JohnDoeUSMC]

DOD by law must use the VA's ratings for those conditions. So look up each condition to see what rating should be. So for example, my wife was referred for migraines and chronic sinusitis. The VA rated each condition 50%. Then gotta use VA math. 100% - 50% = 50% leftover. 50% leftover -50% for the other condition = 25%. 50% + 25% = 75% DOD. By law 5's are rounded up. So 75% = DOD 80%.

Getting your ratings correct is the most important thing other than to be found unfit. Also, if you just started your MEB I strongly recommend you look at hiring a dedicate private attorney if you want to ensure you get the best result. Added bonus is peace of mind throughout the process!

Any suggestions for an attorney in the Camp Lejeune/MCAS New River area?

 

[Provis]

Any suggestions for an attorney in the Camp Lejeune/MCAS New River area?

I will send you some vetted ones. They don't have to be local. My wife's attorney was in Virginia and she was stationed in Minnesota. There are only a handful that specialize in IDES so you won't find one local nor is it needed. I know for a fact my wife would have never gotten the results she did without the help and expertise of her private attorney. When you see the difference its a no brainer. I just don't like to go through these things and leave anything up to chance. 20 years ago I got screwed by LDES (The old system). The MEB said one thing and the PEB come a conclusion that was opposite of the MEB's findings. So when my wife who was an O4 was put into IDES I made sure that she had dedicated representation to ensure she got the best result possible.

 

[JohnDoeUSMC]

DOD by law must use the VA's ratings for those conditions. So look up each condition to see what rating should be. So for example, my wife was referred for migraines and chronic sinusitis. The VA rated each condition 50%. Then gotta use VA math. 100% - 50% = 50% leftover. 50% leftover -50% for the other condition = 25%. 50% + 25% = 75% DOD. By law 5's are rounded up. So 75% = DOD 80%. FYI by law the most you can get 9s 75% so if you have a DOD 75% u or higher you max out your chapter 61 pension.

Getting your ratings correct is the most important thing other than to be found unfit. Also, if you just started your MEB I strongly recommend you look at hiring a dedicate private attorney if you want to ensure you get the best result. Added bonus is peace of mind throughout the process!

I believe based on the severity of my frozen shoulder I should be rated at least 30%, but do they also determine your ability to perform your duties? Or is it just based on what DOD % you get for being found fit/unfit?

 

[Provis]

I believe based on the severity of my frozen shoulder I should be rated at least 30%, but do they also determine your ability to perform your duties? Or is it just based on what DOD % you get for being found fit/unfit?

PEB only does fit or unfit. Then if unfit they use the VA's ratings. The VA rates each condition based on symptoms. So for example for a joint its range of motion, pain, ability to lift things etc.

The PEB only looks at the condition to see if it prevents you from doing your job. If you end up hiring an attorney they can help you with shaping your case to get the correct ratings by the VA and to ensure at each step the medical fitness parts such as NARSUM are correct and if not they write up the appeals for you. I am a huge proponent of hiring an attorney since the results have a lifetime affect for your financial future.

 

[JohnDoeUSMC]

PEB only does fit or unfit. Then if unfit they use the VA's ratings. The VA rates each condition based on symptoms. So for example for a joint its range of motion, pain, ability to lift things etc.

The PEB only looks at the condition to see if it prevents you from doing your job. If you end up hiring an attorney they can help you with shaping your case to get the correct ratings by the VA and to ensure at each step you appeal regarding the medical fitness parts such as NARSUM. I am a huge proponent of hiring an attorney since the results have a lifetime affect for your financial future.

I appreciate your quick responses and help.

 

[koxin222]

The DoD rating is based specifically on the VA’s evaluation for conditions that the PEB finds "unfitting" for continued service. I'm late to this because I’ve been stuck in back-to-back physical therapy sessions for my own injury.

It’s incredibly draining to deal with the board while you're still in pain. During my treatment with Dr. Michael J. Bercik Jr., I learned that the board needs very specific evidence of functional loss to give a fair percentage. Make sure your orthopedic records are incredibly detailed.