IDES TL - CP

T

TheMeatLocker

PEB Forum Regular Member
Registered Member
IDES Referral Initiated: Sep 20 2023
Referral: Nov 13 2023
MEB Start: Nov 15 2023
MEB End: Jan 10 2024
Sent to PEB Jan 16 2024
VA Claim Closed: Jan 21 2024
(Proposed VA Rating: 100%)
MEB case accepted by PEB: Jan 23 2024
Findings: Feb 27 2024 (Fit)
FPEB: May 7 2024 (Changed to Unfit; decided right before FPEB)
FPEB QA: May 9 2024
New Findings: TBD

(TRS & CIF done in Oct & Dec 2023 per command)
 
You were found fit but got 100% from the VA proposed ratings??? That’s insane. Your BEL or proposed ratings, did they make a mention of being fit or not? Mine state
“Your military service department requested a disability assessment from VA because you were
found unfit for continued military service.”
 
KeyboardWarrior said:
You were found fit but got 100% from the VA proposed ratings??? That’s insane. Your BEL or proposed ratings, did they make a mention of being fit or not? Mine state
“Your military service department requested a disability assessment from VA because you were
found unfit for continued military service.”
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VA Decision Letter: “Your military service department requested a disability assessment from VA because you were found unfit for continued military service.”

“We are proposing that your total combined rating for service-connected disabilities is 100%.”

VA Proposed Ratings: “This is a disability determination under the Disability Evaluation System (DES) Pilot Program, a joint initiative between the Department of Defense (DoD) and the Department of Veterans Affairs (DVA) in the case of (my name), currently a Member of the Marine Corps, who has been referred to a Physical Evaluation Board (PEB) as unfit for continued military service.”

PEB Findings: “Fit to Continue on Active Duty”
 
I see. I guess nobody is safe until results are in. I had the exact same verbiage on my letters and assumed I was already found unfit.

Would you mind sharing your unfitting condition?
 
Update: VA sent ratings to PEB for new findings on Jun 12.

Still have not received the call to sign for the new findings.

Was found unfit May 7 & sent to QA on May 9.
 
thanks4urhelp said:
Hold on... you were found fit in June, but found unfit May 7th? What happened?
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When you go through a FPEB and the result are different from the initial findings from the IPEB, you require new findings. I was told I was unfit at the conclusion of the FPEB on May 7 & on May 9 it went to QA. Jun 12 the PEB received my ratings back from the VA, which was confirmed by the findings PEBLO. The PEB should then draft the new findings & send them to the findings PEBLO.
 
Findings: Jul 16 2024.

Anyone have insight on combat related injuries? I want to get it changed to combat related, not really how the process works.
 
TheMeatLocker said:
Findings: Jul 16 2024.

Anyone have insight on combat related injuries? I want to get it changed to combat related, not really how the process works.
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My lawyer wanted me to appeal for a formal board to get combat relation, understandably a number of individuals on here advised me not to as I had been given 40% DoD 100% VA PDRL.

The advice I was given was as follows:

Consider the terms of your injury. Example: I was injured on a ruck during combat training, this does not count as simulating war despite it being in combat training. If it did, it would make just as much sense to give combat relation when giving an intel brief and breaking your leg walking off stage and it was an intel brief in a combat zone.

Something that would be simulation of combat would be a live range, MCMAP, etc. where you're physically putting into practice simulation of warfare.

There is also instrumentality of war, hazardous service, and of course armed conflict. These are the terms necessary to apply for CRSC, ultimately the benefit you are looking for with combat relation. It is a percentage entitlement to both DoD and VA pay.

The negotiation of overturning the PEB's finding is not worth the effort from what I understand. It is best to separate and apply for CRSC, not only protecting their proposal but also having a no risk shot at getting approved. Denial would have no negative side effects, while appealing for a formal board would risk your previous proposals in theory.

I'm just regurgitating info from the answers I got regarding CRSC, if you have more specific questions making a thread in the CRSC forum typically calls out the experts on it and they ought to give their two cents.
 
thanks4urhelp said:
My lawyer wanted me to appeal for a formal board to get combat relation, understandably a number of individuals on here advised me not to as I had been given 40% DoD 100% VA PDRL.

The advice I was given was as follows:

Consider the terms of your injury. Example: I was injured on a ruck during combat training, this does not count as simulating war despite it being in combat training. If it did, it would make just as much sense to give combat relation when giving an intel brief and breaking your leg walking off stage and it was an intel brief in a combat zone.

Something that would be simulation of combat would be a live range, MCMAP, etc. where you're physically putting into practice simulation of warfare.

There is also instrumentality of war, hazardous service, and of course armed conflict. These are the terms necessary to apply for CRSC, ultimately the benefit you are looking for with combat relation. It is a percentage entitlement to both DoD and VA pay.

The negotiation of overturning the PEB's finding is not worth the effort from what I understand. It is best to separate and apply for CRSC, not only protecting their proposal but also having a no risk shot at getting approved. Denial would have no negative side effects, while appealing for a formal board would risk your previous proposals in theory.

I'm just regurgitating info from the answers I got regarding CRSC, if you have more specific questions making a thread in the CRSC forum typically calls out the experts on it and they ought to give their two cents.
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FYI. My wife was given advice to appeal combat related designation to FPEB with a max DOD %. When she asked about everything being on the table her Attorney said not to worry. They can in theory change other things but in reality it doesn't happen. They will look at your argument and either award it or not and leave the rest of the results alone.

That is exactly what happened. She is glad she appealed even though she qualified for CRSC. Her Chapter 61 pension was larger than her VA compensation. So the money leftover after the VA offset would have been subject to taxes in her case if she did not appeal.

So getting CRSC doesn't always mean that all of your income would be tax free when you consider situations like this.
 
Provis said:
FYI. My wife was given advice to appeal combat related designation to FPEB with a max DOD %. When she asked about everything being on the table her Attorney said not to worry. They can in theory change other things but in reality it doesn't happen. They will look at your argument and either award it or not and leave the rest of the results alone.

That is exactly what happened. She is glad she appealed even though she qualified for CRSC. Her Chapter 61 pension was larger than her VA compensation. So the money leftover after the VA offset would have been subject to taxes in her case if she did not appeal.

So getting CRSC doesn't always mean that all of your income would be tax free when you consider situations like this.
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Gonna be honest, my understanding falls a little short when it comes to the differences between DoD considerations and VA considerations.

I might be misunderstanding so please do correct me if I did:

You're saying your wife would be making more with a DoD pension than she would be with the compensation she would be getting, so to throw some numbers in for understanding, if your wife's pension was 4500 a month and her VA pay was 4000 a month, this is the circumstance in which combat relation in the DoD's consideration is worth more in the end?

I always assumed that there wasn't really a difference as far as whether the PEB concluded non combat relation, then CRSC was granted in post. What would the difference be in the two cases as far as taxable income goes like you mentioned?

I'm presuming VA comp is untaxed; if CRSC is granted and an offset is made, are you saying the income granted from there is subject to income tax?

All in all glad y'all got the most of it. I stopped looking into CRSC myself since it didn't really make sense to apply in my case, but it's still something I'd like to understand.
 
thanks4urhelp said:
Gonna be honest, my understanding falls a little short when it comes to the differences between DoD considerations and VA considerations.

I might be misunderstanding so please do correct me if I did:

You're saying your wife would be making more with a DoD pension than she would be with the compensation she would be getting, so to throw some numbers in for understanding, if your wife's pension was 4500 a month and her VA pay was 4000 a month, this is the circumstance in which combat relation in the DoD's consideration is worth more in the end?

I always assumed that there wasn't really a difference as far as whether the PEB concluded non combat relation, then CRSC was granted in post. What would the difference be in the two cases as far as taxable income goes like you mentioned?

I'm presuming VA comp is untaxed; if CRSC is granted and an offset is made, are you saying the income granted from there is subject to income tax?

All in all glad y'all got the most of it. I stopped looking into CRSC myself since it didn't really make sense to apply in my case, but it's still something I'd like to understand.
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Yes. I will give you my wife's exact numbers so that you can see. Because one unfitting condition was found to be combat related by the PEB after she appealed to the FPEB her entire chapter 61 pension was exempt from taxes. She was an O4 with 17AFS. Her high 3 was $8,038. She maxed out DOD% which is 75% by law. So 75% times $8,038 = $6,029 that is tax free and she will get regardless of any other compensation for the rest of her life. By law any VA compensation she receives must offset her pension. Her VA compensation was $4,200. So $6,029 tax exempt pension minus $4,200 tax free VA compensation = $1,829 she receives from DFAS for her chapter 61 pension. So you can see if her chapter 61 pension wasn't tax exempt she would owe taxes on the $1,829 she receives each month.

Lastly, my wife's earned longevity of 17 AFS years at 2.5% per year equals 42.5% of her high 3. That equals $3,416 earned pension. When you add that together with her $4,200 VA compensation that amount equals $7,616. That amount is higher than the $6,029 she receives. So she is losing out on income still. The $7,616 is the amount she would have received if she had qualified for CRDP and that total is the most she can get by law. That is where CRSC comes in. CRSC is a mechanism to recoup money lost due to not retiring with 20 years. So $7,616 minus $6,029 = $1,587 is how much she is missing out on. She applied for CRSC and was approved for 80%. CRSC uses the same pay tables as the VA. 80% is $2,000 + which means she maxes out on the amount of CRSC she can get and was awarded $1,587 CRSC.

So now she gets $4,200 from the VA. $1,829 from DFAS for chapter 61 pension (Tax Free due to combat related unfitting condition & $1,587 for CRSC. (CRSC is a tax free benefit too)

Hopefully that clears things up. Its always better to get it right at each step. For example. If my wife lost all of her VA and CRSC her floor for compensation would be $6,029 tax free a month. If she lost all of the VA compensation and all of her CRSC and she didn't have a combat related unfitting condition it would be $6,029 a month but taxable meaning her net after taxes would be much lower. The way I see it you want to protect yourself and get the best result in all situations. Had she not appealed to get combat related designation by the PEB in every scenario she is netting less compensation due to paying taxes. With getting VA offset and getting CRSC she still is paying taxes on the $1,827 for her chapter 61 pension. That means she loses out on a couple hundred dollars each month due to taxes.
 
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Provis said:
Yes. I will give you my wife's exact numbers so that you can see. Because one unfitting condition was found to be combat related by the PEB after she appealed to the FPEB her entire chapter 61 pension was exempt from taxes. She was an O4 with 17AFS. Her high 3 was $8,038. She maxed out DOD% which is 75% by law. So 75% times $8,038 = $6,029 that is tax free and she will get regardless of any other compensation for the rest of her life. By law any VA compensation she receives must offset her pension. Her VA compensation was $4,200. So $6,029 tax exempt pension minus $4,200 tax free VA compensation = $1,829 she receives from DFAS for her chapter 61 pension. So you can see if her chapter 61 pension wasn't tax exempt she would owe taxes on the $1,829 she receives each month.

Lastly, my wife's earned longevity of 17 AFS years at 2.5% per year equals 42.5% of her high 3. That equals $3,416 earned pension. When you add that together with her $4,200 VA compensation that amount equals $7,616. That amount is higher than the $6,029 she receives. So she is losing out on income still. The $7,616 is the amount she would have received if she had qualified for CRDP and that total is the most she can get by law. That is where CRSC comes in. CRSC is a mechanism to recoup money lost due to not retiring with 20 years. So $7,616 minus $6,029 = $1,587 is how much she is missing out on. She applied for CRSC and was approved for 80%. CRSC uses the same pay tables as the VA. 80% is $2,000 + which means she maxes out on the amount of CRSC she can get and was awarded $1,587 CRSC.

So now she gets $4,200 from the VA. $1,829 from DFAS for chapter 61 pension (Tax Free due to combat related unfitting condition & $1,587 for CRSC. (CRSC is a tax free benefit too)

Hopefully that clears things up. Its always better to get it right at each step. For example. If my wife lost all of her VA and CRSC her floor for compensation would be $6,029 tax free a month. If she lost all of the VA compensation and all of her CRSC and she didn't have a combat related unfitting condition it would be $6,029 a month but taxable meaning her net after taxes would be much lower. The way I see it you want to protect yourself and get the best result in all situations. Had she not appealed to get combat related designation by the PEB in every scenario she is netting less compensation due to paying taxes. With getting VA offset and getting CRSC she still is paying taxes on the $1,827 for her chapter 61 pension. That means she loses out on a couple hundred dollars each month due to taxes.
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I see. That's a lot more complex than I thought, but always good to see fellow SM's get the best outcome.

So... OP, not sure what your grade, YOS, etc. is but if it seems this is a better outcome then your answer is as clear as day.
 
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