IMA needs adive on MEB

matt411fl

PEB Forum Regular Member
I recived my informal board results today. 60% TDRL. My questions are , i am an IMA and i was told by my PEBLO that the VA will not give disability for any injuries that are not confirmed on a LOD. I had some LOD's returned with findings not in the line of duty. I know i fall under the 8 year rule. Will the formal board change those to in the line of duty ? Also my MEB took 2 years the first package was sent back to have some other claims to be added. When the package was sent down some items were taken off. Would it be in my best intrest to take this to the formal board? Thank you for any help with htese questions and any advice that can be given to help me with the formal board.
 
matt411fl,

The eight year rule should trump any LOD decisions about your condition pre-existing current period of active service (unless your conditions were ruled as caused by your own misconduct or while AWOL).

It is not guaranteed that the FPEB would change the findings of EPTS, but it sounds like they should.

The VA will make its own determination as to service connection. The line of duty may be evidence against your claim, but I think operation of the 8 year rule makes the adverse LODs less important, especially if you get rated or a change in findings from the FPEB.

As for whether to demand a formal or not, it is difficult to say. One factor to consider would be if you think the other conditions are unfitting or contribute to unfitness, in which case it may make sense to challenge the IPEB's findings. However, I would also consider whether any change makes a difference in your total compensation. In some cases, getting a higher finding will not make a difference once you take into account the impact of VA compensation and any relevant offsets.

Good luck!
 
Thank you jason. The reason i want to challange the formal board is the knee damage i have gotten over the years with deployments. I had a doctor recomend no more deploying as it was making my knees worse. My comander over rided that decision and i deployed twice more causing more damage. My knee issues were in the first package sent down but was not added to the second package due to the LOD being found not in the line of duty.
 
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