Major Depressive Disorder EPTS and permanently aggravated

[mdd2472]

Originally got referred to MEB for Adjustment Disorder w/Anxious depressed mood, and when trying to get MEB overturned to stay in, it was changed to Major Depressive disorder. The NARSUM said EPTS but permanently aggravated by service. Does anyone know how that will affect ratings. I don't have any medical records prior to the army for behavioral health and had not been to behavioral health until forced there while deployed. Based on some of the things I stated to my provider, they have determined that it existed prior to service.

Without having been diagnosed previously by a medical professional, does that meet the standard for clear and unmistakable evidence? Does anyone know how they would determine the ratings and extent of any symptoms prior to service? Tried appealing the EPTS because I'm afraid that I'll get kicked to the curb. It's going up to the IPEB now.

Any insight that someone could provide from their experience would be greatly appreciated.

 

[chaplaincharlie]

Here are the basic tests:

• you believe that military service has caused an injury or illness (called a "condition" by the VA) or
• you believe that a preexisting condition was aggravated by military service.

MDD, aggravated by service can be compensated.

 

[mdd2472]

thanks charlie, that's a relief there. Do you have any idea how they would determine the rating for aggravated by service?

 

[Warrior644]

Originally got referred to MEB for Adjustment Disorder w/Anxious depressed mood, and when trying to get MEB overturned to stay in, it was changed to Major Depressive disorder. The NARSUM said EPTS but permanently aggravated by service. Does anyone know how that will affect ratings. I don't have any medical records prior to the army for behavioral health and had not been to behavioral health until forced there while deployed. Based on some of the things I stated to my provider, they have determined that it existed prior to service.

Without having been diagnosed previously by a medical professional, does that meet the standard for clear and unmistakable evidence? Does anyone know how they would determine the ratings and extent of any symptoms prior to service? Tried appealing the EPTS because I'm afraid that I'll get kicked to the curb. It's going up to the IPEB now.

Any insight that someone could provide from their experience would be greatly appreciated.

Welcome to the PEB Forum!

By law, a military service member with over eight years of active Federal service is eligible for disability compensation even if the condition is EPTS. The eight years of active service do not have to be continuous; however, the military service member must be on active-duty orders of more than 30 days for this rule to apply.

However, if a military service member have less than eight years of total active service, then he/she may be separated without disability benefits. This shall occur when the DoD PEB determines that, based on "clear and unmistakable" evidence, the military service member injuries are EPTS without permanent aggravation.

As such, the good news is that the DoD MEB stated "EPTS but permanently aggravated by service" which is a favorable determination for any military service member. It is possible for a military service member to possess a physical or mental disability and never experience a problem until the military service member encounter the stresses of military life.

To that extent, the physical and emotional stress of military training can cause a latent condition to appear or an old injury to worsen to the point that the military service member is no longer able to perform his/her military duties.

Bottom line is that the DoD PEB must determine that, based on "clear and unmistakable" evidence, your injury/disability was not incurred or aggravated in the line of duty or EPTS without permanent aggravation in order to deny military disability benefits.

Indeed, if your MDD medical condition is determined to be "unfit for duty" then the DoD PEB shall forward your DoD IDES case file to the DoVA D-RAS for adjudication of VA proposed ratings. More specifically, the MDD medical condition shall be adjudicated for a VA proposed rating using the 38 CFR VASRD §4.130 Schedule of ratings—Mental disorders criteria.

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!

 

[maparker]

By law, if a condition is not noted on your entrance physical, it is presumed incurred while entitled to basic pay/service connected. This presumption can only be overcome by clear and unmistakable to the contrary. This is a very high standard. Did the MEB provide clear and unmistakable evidence this condition preexisted service? Dollar to bet a donut they did not. Insist they provide the clear and unmistakable evidence used to overcome the presumption.

Mike

From DoDI 1332.18:

b. Presumption of Sound Condition for Members on Continuous Orders to Active Duty Specifying a Period of More Than 30 Days

(1) The Secretaries of the Military Departments will presume Service members, including RC members and recalled retirees, on continuous orders to active duty specifying a period of more than 30 days entered their current period of military service in sound condition when the disability was not noted at the time of the Service member’s entrance to the current period of active duty.

(2) The Secretaries of the Military Departments may overcome this presumption if clear and unmistakable evidence demonstrates that the disability existed before the Service member’s entrance on their current period of active duty and was not aggravated by their current period of military service. Absent such clear and unmistakable evidence, the Secretary of the Military Department concerned will conclude that the disability was incurred or aggravated during their current period of military service.

 

[chaplaincharlie]

You will be compensated based on the degree of impairment as documented in the C&P exam period. It is as if it did not EPTS. As others have posted you can probably fight the EPTS, if your so inclined.

 

[maparker]

If declared EPTS with aggravation, they will determine the degree of disability upon entrance and subtract that from your current degree of disability.

Mike

 

[chaplaincharlie]

If declared EPTS with aggravation, they will determine the degree of disability upon entrance and subtract that from your current degree of disability.

Mike

If @maparker is correct and he usually is, fight to make them prove EPTS.

 

[chaplaincharlie]

Given the absence of documentation any rating of the pre-service condition should be zero.