IPEB decision

I was contacted today by my PEBLO and he sent me a copy of the PEB Results.
PTSD 50% VA code 9411, Cerviacl degenerative disc disease 20% VA code 5243, Low back pain 20% VA code 5237, Left cervical radiculopathy and left ulnar neuropethy 10% VA code 8516. Total percentage 70% TDRL. I think this is a fair and accurate representation of my listed but I have not contacted my PEBLO and advised him of my intention(s) as of yet. I wanted to post this and see what others thought. :D,:confused:.
 
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PTSD re-eval should be in 6 months' time. If I were the sole judge of whether or not you received a "fair" rating, I would say you did! Congratulations and I hope all goes well with your decision making process in accepting or rebutting the IPEB!
 
david.m.pearson said:
I was contacted today by my PEBLO and he sent me a copy of the PEB Results.
PTSD 50% VA code 9411, Cerviacl degenerative disc disease 20% VA code 5243, Low back pain 20% VA code 5237, Left cervical radiculopathy and left ulnar neuropethy 10% VA code 8516. Total percentage 70% TDRL. I think this is a fair and accurate representation of my listed but I have not contacted my PEBLO and advised him of my intention(s) as of yet. I wanted to post this and see what others thought. :D,:confused:.
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David....

Just a question. Was that a true 50% for PTSD or the rounded up for TDRL version? I thought even those rated lower (say 30% PTSD) they were automatically rounding up top 50% b/c of problems with the PTSD ratings. Am I wrong here? If it is true 50%...I say you did fantastic! By all means, be proud of yourself!:D

Nate
 
greenne:

From the VASRD:

§4.129 Mental disorders due to traumatic stress.

When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran’s release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran’s discharge to determine whether a change in evaluation is warranted.
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The authority is 38 USC 1155.

PTSD resulting from a trauma gets the automatic 50% with re-eval in 6 months - this is only on the DoD side as the VA will use the criteria found in the VASRD section 4.130 when rating once the Veteran is separated from service.

In a nutshell, this 'automatic' 50% only comes from the DoD/PEB.
 
carnelli53 said:
greenne:

From the VASRD:



The authority is 38 USC 1155.

PTSD resulting from a trauma gets the automatic 50% with re-eval in 6 months - this is only on the DoD side as the VA will use the criteria found in the VASRD section 4.130 when rating once the Veteran is separated from service.

In a nutshell, this 'automatic' 50% only comes from the DoD/PEB.
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Got it. I assume when they re-eval the 'automatic' 50% is over and they go back to using the criteria found in the VASRD, sec. 4.130.

Second question: It was always my impression that if you were stable or nothing changed (i.e. you didn't get better or worse) your DoD ratings for the most part should stay constant on the TDRL. With the automatic 50%...if people are static (no better/no worse) do they usually stay at 50%? I'm just curious if we've really turned a corner here or if the DoD is pushing low rating 6 months down the road on the re-eval now that they are REQUIRED to do 50%.....:rolleyes:

Nate
 
interesting question. i'm in the same boat. not done w/my PEB and this whole DES thing has been going on for approx. 3 years. all my medical docs. say that my condition is static, stable, etc.. so my question is in a case like mine, that took so long to process, how can they justify TEMP vs. PERM? i could see if i got boarded w/in a year after my injury, but we are @ almost 3 years.
 
robs42 said:
interesting question. i'm in the same boat. not done w/my PEB and this whole DES thing has been going on for approx. 3 years. all my medical docs. say that my condition is static, stable, etc.. so my question is in a case like mine, that took so long to process, how can they justify TEMP vs. PERM? i could see if i got boarded w/in a year after my injury, but we are @ almost 3 years.
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From what I've heard on this board and the verbage provided by carnelli53....it appears as if they(DoD) HAVE to put you on TDRL to comply with the law. (i.e. 50% and re-eval w/i 6 months). If they put you on the PDRL--even at 50%--they would not comply with part II which requires a 6 month re evaluation (there would be no need to do it).

So....my guess(purely a guess) is that PTSD is going to be TDRL to comply with the law...no matter how stable you are. Now I'm sure at 6months if you've been stable for 3 yrs they'll take that into consideration(one would hope) and you'd move quickly to PDRL--but again this is just a guess.

I'm sure more knowledgable folks will chime in...
 
Here is how this plays out...first, remember that for TDRL purposes, stability is the likelihood that your condition will change to make a difference for rating purposes over the remainder of the TDRL period (max 5 years).

So, if you are unfit due to a highly stressful event and would be rated on the schedule at 30% or less, they have to place you on the TDRL at 50% due to 4.129. However, if you are at 50% or higher and stable, they can and will place you on PDRL based on the schedular rating. 4.129 states a minimum, however, they can find you rated at 50% or higher and place you on PDRL and still comply with the law...

4.129 is part of the VASRD, so it applies to both VA and DoD determinations. I think that it is not uncommon for this to be missed by the VA, though.
 
Dont forget the key component that it must have resulted in the removal from active military service. I have seen too many cases where if the SM has multiple conditions to include PTSD. The PEB finds the other conditions unfitting but not the PTSD. Therefore, since the PTSD did not result in removal from active service, neither the DoD or the VA have to give the 50% minimum rating. Pure BS.

Mike
 
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