Migraines and TBI - Missing Rating?

[Stayingpositive]

I'm going through the MEB/PEB and my referred conditions are:

m-TBI with residuals of migraine, ophthalmic migraine headaches, and Benign Paroxysmal Positional Vertigo (BPPV)

I've received my ratings from the VA. However, when I got my PEB results, they only gave me a rating for migraines, even though the VA gave me a separate TBI rating. Shouldn't my DoD rating have included both the migraine and TBI rating?

 

[Provis]

I'm going through the MEB/PEB and my referred conditions are:

m-TBI with residuals of migraine, ophthalmic migraine headaches, and Benign Paroxysmal Positional Vertigo (BPPV)

I've received my ratings from the VA. However, when I got my PEB results, they only gave me a rating for migraines, even though the VA gave me a separate TBI rating. Shouldn't my DoD rating have included both the migraine and TBI rating?

So that's not how it works necessary. Each condition is decided. If your TBI is separate and cause you to be unfit you can request a FPEB to have that condition found unfitting. Where are you in the process? Typically, you know which direction the iPEB is going to go with based on the NARSUM. If you are at the NARSUM and haven't signed off I would appeal with rebuttal or IMR depending on what your counsel suggests.

My big advice is to have a plan. Stick to it and at each step where the plan doesn't mesh that you appeal. The earlier the better though. If you know that the NARSUM doesn't agree with you then you can try to bolster evidence before reaching the stage to appeal via FPEB.

 

[Stayingpositive]

I'm through most of this process, I just haven't signed my IPEB results because I wanted to ask a lawyer and couldn't because of the shutdown.

I received a DoD rating on my DA Form 199, but the rating matches the same rating the VA gave me for migraines only. When I received my NARSUM several months ago, I asked about them combining everything on one line. The lawyer was a little concerned too, but said, "If it's listed, and the VA rates it, DoD will include it." Of course, then I got my results and it didn't, so now I'm confused.

 

[Provis]

I'm through most of this process, I just haven't signed my IPEB results because I wanted to ask a lawyer and couldn't because of the shutdown.

I received a DoD rating on my DA Form 199, but the rating matches the same rating the VA gave me for migraines only. When I received my NARSUM several months ago, I asked about them combining everything on one line. The lawyer was a little concerned too, but said, "If it's listed, and the VA rates it, DoD will include it." Of course, then I got my results and it didn't, so now I'm confused.

I would just appeal to FPEB. You can always withdraw it. In my opinion JAG isn't that great of an option. Too many Soldier verse too few JAG personnel. That's why I continue to recommend private dedicate IDES attorneys. This is too important to leave up to chance.

 

[Stayingpositive]

I would just appeal to FPEB. You can always withdraw it. In my opinion JAG isn't that great of an option. Too many Soldier verse too few JAG personnel. That's why I continue to recommend private dedicate IDES attorneys. This is too important to leave up to chance.

I think where it got messed up was on my DA Form 3947. They listed everything on the same line (see attached). That line was found to be unfitting, but only one of the items listed received a DoD rating. All my other conditions were broken out separately and met retention standards.

 

[Provis]

I think where it got messed up was on my DA Form 3947. They listed everything on the same line (see attached). That line was found to be unfitting, but only one of the items listed received a DoD rating. All my other conditions were broken out separately and met retention standards.

So its more of an uphill battle now. If you had a goal on what you wanted to be found unfit then at each stage anything that wasn't in line with that goal you could have appealed. In this case the Migraines showing fitting in the NARSUM. You should have submitted a rebuttal that you believe the migraines should be unfitting. It doesn't look good that you signed off on the NARSUM since that shows you agreed with the findings and those findings show the migraines as fitting. This is why I constantly recommend to hire a private IDES attorney form the very beginning of the process. If the migraines weren't mentioned in the commander's impact statement you could have asked your commander to write another one to mention that the migraines also prevent you from doing some tasks for your MOS. That is 2 points where you could have shown the PEB that migraines should be unfitting.

Its not that its going to be impossible to to win. Its just a lot more stress and probably lower odds in some cases to get a condition added as unfit when the Soldier signs off and concur's at each step leading up to the FPEB. Get with JAG and ask them what to do and let him or her know that you would like to get migraines as unfitting. Here is another tid bit of information. JAG doesn't typically do this but my wife's private attorney will submit a written appeal in advance of the FPEB. Sometimes, the FPEB will agree with it and then cancel the FPEB because the FPEB changed the results in your favor. So basically they change their mind and send you an updated DA199 with favorable results therefore bypassing the need for the FPEB. So in a way its another appeal that gives you a chance of getting the results that you want. If the FPEB boards isn't' convinced they will communicate the deficiencies in your written argument so that you can hopefully bolster your standing before the FPEB.