Narsum Returned to Peblo. 3 days to sign. Unfit questions

[jbaublitz]

Severance for most is just a loan because you get a big check and then the VA deducts an amount from your pay equal to the condition that is found unfit for severance. If you accept severance you don't get tricare so that alone for me is a deal breaker. Tricare for a family of 4 is equivalent of $2,000 a month worth of private insurance in my situation. If you medically retire you are set for life for insurance and for your family regardless of how big it gets. That is huge!

For those who don't care about tricare the best scenario is to be found unfit with a condition at 0% and be 100% VA P&T. That would allow you to get a severance check and all of your VA compensation without deductions from VA compensation and allow you to get ChampVA insurance for you and your family. However, VA can change ratings and it has happened with Soldiers that where already designated P&T. So there is some risk. That and Tricare is a superior product compared to VA healthcare in my personal opinion.

Other ways to avoid recoupment of the severance check paid out is to have 100% VA rating from all other conditions that are not unfitting. So if 10% or 20% you could still not have to pay it back if all your other conditions combined = 100% without including the unfitting conditions that caused you to be separated with severance.

I was going to say that exact same thing. 2K month for the rest of your life is a lot of money that's enough to make the push for a Medical Retirement even when you contractually do not want to stay in the service anymore and are ready for civilian life.

 

[jbaublitz]

My OCD emailed me and said that I may prefer severance over dod retirement. He wants me to call after I get my ipeb results. I know I'm 100% proposed VA. But I'm curious on where he is going. I thought retirement was better.

Dont Believe me the VA pay will be more than enough. I didn't even know it hit me lol. I got my PEB results faster than the ARMY results and received a VA Check via direct deposit before I knew the Army wanted 10% disability with severance. I was already at 40%, they increased it to 60% and rated me in a different medical care Category at the VA where I am no longer responsible for paying for my health care I draw at the VA, but I have Tricare. Retirement is better, Medical not non regular retirement. I was also told you can draw retirement pay sooner too vs. waiting till your old and dead.

 

[jbaublitz]

I might add if there is also nerve damage, that may be rated. It is hard to answer your question because we are not privy to the details.

They call it a combined rating, secondary to the original rated condition and you can get% for that

 

[jbaublitz]

Does anyone know if the va rates feet and ankle seperate? Or is it one rating for both

All three, but if its Bilateral your rating will be higher. Its the same for the Eyes. I have issues with mine. These are my main issues

1. Migraine including migraine variants (VA DX) Referred as migraine headaches. Medically
unacceptable IAW AR 40-501, Chapter 3-31g
3. Traumatic Brain injury (VA DX) Referred as TBI
4. Peripheral vestibular disorder / Benign Paroxysmal Positional Vertigo (BPPV) (VA DX) claimed as
Vestibular Mobility disturbance / Vertigo.
****
The given diagnosis Convergence Insufficiency affects the both eyes. The given diagnosis Microcystoid degeneration of retina affects the both eyes. The given diagnosis
Generalized contraction of visual field affects both eyes.


5. Convergence Insufficiency / Microcystoid degeneration of retina / Generalized contraction of visual
field (VA DX) claimed as Ocular.
7. Asthma (VA DX) claimed as asthma
8. Cervical strain (VA DX)

 

[Provis]

I learned that the only things they will add are the rating in which you received for the main issue like your right knee for example but if you listed it in your conditions and that condition is found still fitting to serve you can still get a disability rating with the VA, and that rating will be sent separately from the Army or Air Force. Now my unfit conditions also receive a percentage from the VA and that is what the PEB/MEB seem to use as your/their determination, and of course if you don't like it you can appeal. This is where I am at in the process, also being involuntarily extended, per my ets is 30 April 2024 :/ Legal is the best, they have helped me when I got the initial results from the C&P examination and the results through the entire process, they are amazing, and they have so much work. Never sign anything until you are sure its 100% correct and you are happy with the results and achieved what you want. ** Also keep in mind if you're paying for TRICARE while in the army/ or whatever service your looking at 1400 for a family of four if you fall under the non-regular retirement time frame, if you fight hard and I mean FIGHT for Medical Retirement you are looking at under 100$ and imagine that alone for the rest of your life, given the costs associated with Health Care. I am fighting my PEB results because they recommended 10% with severance and I am at 18+ years. I appealed and have a formal hearing set for 6 August 2024- 4 months after my ETS and a solid DBQ from my Neurologist, that should put me in accordance with 30% or more in order to obtain Army Medical Retirement.

Just know that PEB can't change DOD%. The DOD must use the VA's ratings for an unfitting condition. The only way a FPEB can increase your DOD% is by adding another condition as unfitting that was previously determined by the iPEB as fitting. If you agree with the conditions that are unfitting but disagree on the actual rating you need to request a VARR. Only a VARR mechanism can change the DOD % for an unfitting condition. So if you have migraines as unfitting and 10% and it should be 30% then you want to request a VARR. Have your assigned legal rep help you with the VARR. Better yet if you can afford it you should consider hiring a private dedicated IDES attorney. That's what my wife did. She had 20 good years with 17 AFS and she was an 04 AGR solider and with the help of a dedicated attorney she got the best outcome possible.

 

[jbaublitz]

Just know that PEB can't change DOD%. The DOD must use the VA's ratings for an unfitting condition. The only way a FPEB can increase your DOD% is by adding another condition as unfitting that was previously determined by the iPEB as fitting. If you agree with the conditions that are unfitting but disagree on the actual rating you need to request a VARR. Only a VARR mechanism can change the DOD % for an unfitting condition. So if you have migraines as unfitting and 10% and it should be 30% then you want to request a VARR. Have your assigned legal rep help you with the VARR. Better yet if you can afford it you should consider hiring a private dedicated IDES attorney. That's what my wife did. She had 20 good years with 17 AFS and she was an 04 AGR solider and with the help of a dedicated attorney she got the best outcome possible.

Yep that is what I am working on, I submitted a formal Appeal Hearing, to include reconsideration of my results that should be found unfitting, #4,#5 why they should be found unfitting and secondary to the main Migraine and TBI diagnosis. and awaiting to submit a VARR reconsideration but told that will happen after the formal hearing.

 

[Provis]

Yep that is what I am working on, I submitted a formal Appeal Hearing, to include reconsideration of my results that should be found unfitting, #4,#5 why they should be found unfitting and secondary to the main Migraine and TBI diagnosis. and awaiting to submit a VARR reconsideration but told that will happen after the formal hearing.

Yep. VARR is last because if a condition is added as unfitting by the FEPB you can then request that the newly unfitting condition for a VARR if the VA rated it incorrectly.

 

[Big30]

Severance for most is just a loan because you get a big check and then the VA deducts an amount from your pay equal to the condition that is found unfit for severance. If you accept severance you don't get tricare so that alone for me is a deal breaker. Tricare for a family of 4 is equivalent of $2,000 a month worth of private insurance in my situation. If you medically retire you are set for life for insurance and for your family regardless of how big it gets. That is huge!

For those who don't care about tricare the best scenario is to be found unfit with a condition at 0% and be 100% VA P&T. That would allow you to get a severance check and all of your VA compensation without deductions from VA compensation and allow you to get ChampVA insurance for you and your family. However, VA can change ratings and it has happened with Soldiers that where already designated P&T. So there is some risk. That and Tricare is a superior product compared to VA healthcare in my personal opinion.

Other ways to avoid recoupment of the severance check paid out is to have 100% VA rating from all other conditions that are not unfitting. So if 10% or 20% you could still not have to pay it back if all your other conditions combined = 100% without including the unfitting conditions that caused you to be separated with severance.

Sorry for the redundancy just want to make sure I’ve read and understand this correctly. So in my situation I will not have to pay severance pay back? My DOD 20% and VA 100% (break down of percent per condition 50, 50, 30, 20, 20, 20, 20, 20, 20, 10, 10, 10, 10, 10, 10). I believe with “VA math” puts me roughly at 160% minus the 20% I’d still be over 100% so severance is not recouped?

 

[Provis]

Sorry for the redundancy just want to make sure I’ve read and understand this correctly. So in my situation I will not have to pay severance pay back? My DOD 20% and VA 100% (break down of percent per condition 50, 50, 30, 20, 20, 20, 20, 20, 20, 10, 10, 10, 10, 10, 10). I believe with “VA math” puts me roughly at 160% minus the 20% I’d still be over 100% so severance is not recouped?

That's not how VA math works. Enter the amounts in this link that DO NOT INCLUDE your unfitting condition that you are being paid severance for. You are no way close to 160% LOL. 2024 VA Disability Calculator

If you reach 100% without needing the ratings for any unfit conditions there will be no recoupment.

 

[Kattwood]

Dont Believe me the VA pay will be more than enough. I didn't even know it hit me lol. I got my PEB results faster than the ARMY results and received a VA Check via direct deposit before I knew the Army wanted 10% disability with severance. I was already at 40%, they increased it to 60% and rated me in a different medical care Category at the VA where I am no longer responsible for paying for my health care I draw at the VA, but I have Tricare. Retirement is better, Medical not non regular retirement. I was also told you can draw retirement pay sooner too vs. waiting till your old and dead.

I got my ratings back on the 18th. 40% DOD and 100% VA p&T.

 

[Provis]

I got my ratings back on the 18th. 40% DOD and 100% VA p&T.

Congrats on getting a medical retirement!

 

[Big30]

That's not how VA math works. Enter the amounts in this link that DO NOT INCLUDE your unfitting condition that you are being paid severance for. You are no way close to 160% LOL. 2024 VA Disability Calculator

If you reach 100% without needing the ratings for any unfit conditions there will be no recoupment.

Haha ohhhh ok I appreciate it! Without my 20% unfitting condition the link still places me at 100%. So if I understand correctly that means severance will not be recouped?

 

[Big30]

That's not how VA math works. Enter the amounts in this link that DO NOT INCLUDE your unfitting condition that you are being paid severance for. You are no way close to 160% LOL. 2024 VA Disability Calculator

If you reach 100% without needing the ratings for any unfit conditions there will be no recoupment.

Last question sorry, also severance pay is
(2 x base pay= a, then a x # of yrs in service= severance)?

 

[Kattwood]

I would consult legal but probably do a rebuttal so that you start showing them what you want. You are fighting at this level so that its in writing for the FPEB to read because for most getting a condition added will require a FPEB. Also, what does your commander's impact statement say? If there is no mention of those conditions affecting your performance then you have an uphill battle to climb. If lacking in that area would your commander be willing to fill out and sign a new one that mentions those other conditions and how they negatively affect your work performance or prevent you from doing critibla tasks for your MOS?

Do you have a profile for migraines, sleep apnea with daytime sleepiness, & Gout? If so what are the limitations? If not, again, you have an uphill battle. Remember that being found unfit for a condition has more to do with how it prevents you from doing your job. That is why the Physical Evaluation Board decides and not medical. The MEB is just rational that helps the PEB come to a conclusion and most times whatever the MEB states the PEB will rule in kind. That's why most of the time conditions referred to IDES are the only ones the MEB states don't meet medical retention standards in the NARSUM.

My commander impact letter mentions my foot/ankle pain, migraines,sleep apnea/insmnoia and gout. However, i did not have a separate profile for each condition as i thought it was all combined. I only took one PT test in my military career and that was the final one in basic training. I have been exempt from all PT test to this day.. I want to receive a Permanent Retirement but i think the max rating for a foot is 20%.

Thank you for your response.

I ended up doing a rebuttal on my narsum to include additional conditions. I was referred for "right foot pain and right joint pain". I ended up gettting 4 ratings from DOD. I do think that they should have included my left foot as well but it is what it is. Im happy with the results.

1) 10%
Pain in Right Ankle and Joints of Right Foot; DVA
Rated as RIGHT FOOT GOUT WITH
DEGENERATIVE ARTHRITIS

2) 10%
RIGHT ANKLE OSTEOCHONDRITIS
DISSECANS TO INCLUDE OSTEOCHONDRAL
FRACTURE WITH TENOSYNOVITIS, GOUT,
AND TENDONITIS;

3) 10%
RIGHT HALLUX VALGUS

4) 20%
RIGHT FIBULAR NEUROPATHY, AFFECTING
THE EXTERNAL POPLITEAL NERVE,
MUSCULOCUTANEOUS NERVE, ANTERIOR
TIBIAL NERVE, AND POSTERIOR TIBIAL
NERVE

"
The SM’s Pain in Right Ankle and Joints of Right Foot renders the SM unfit for continued military service because these
conditions are subject to sudden and unpredictable exacerbations/progression, require frequent follow-up with a medical specialist,
require narcotic medication not suitable for austere locations and limit the SM’s ability to perform duty/mobility/fitness
requirements. Thus, the IPEB finds the SM’s Pain in Right Ankle and Joints of Right Foot incompatible with the rigors of military
service and unfitting.

 

[Provis]

I ended up doing a rebuttal on my narsum to include additional conditions. I was referred for "right foot pain and right joint pain". I ended up gettting 4 ratings from DOD. I do think that they should have included my left foot as well but it is what it is. Im happy with the results.

1) 10%
Pain in Right Ankle and Joints of Right Foot; DVA
Rated as RIGHT FOOT GOUT WITH
DEGENERATIVE ARTHRITIS

2) 10%
RIGHT ANKLE OSTEOCHONDRITIS
DISSECANS TO INCLUDE OSTEOCHONDRAL
FRACTURE WITH TENOSYNOVITIS, GOUT,
AND TENDONITIS;

3) 10%
RIGHT HALLUX VALGUS

4) 20%
RIGHT FIBULAR NEUROPATHY, AFFECTING
THE EXTERNAL POPLITEAL NERVE,
MUSCULOCUTANEOUS NERVE, ANTERIOR
TIBIAL NERVE, AND POSTERIOR TIBIAL
NERVE

"
The SM’s Pain in Right Ankle and Joints of Right Foot renders the SM unfit for continued military service because these
conditions are subject to sudden and unpredictable exacerbations/progression, require frequent follow-up with a medical specialist,
require narcotic medication not suitable for austere locations and limit the SM’s ability to perform duty/mobility/fitness
requirements. Thus, the IPEB finds the SM’s Pain in Right Ankle and Joints of Right Foot incompatible with the rigors of military
service and unfitting.

Using VA math your DOD% would be 40%. Congrats! That would qualify you for a medical retirement!

 

[fox21]

Will this lead to a Medical Retirement?

Reason for Exam (XR Spine Cervical 2 or 3 Views)
AD male with chronic neck pain, decreased range of motion and history of significant degenerative disease.
Last xray done in 2020, please evaluate. Report Cervical spine: Three views: 04/29/2024Indications: AD male with chronic neck pain, decreased range of motion and history of significant degenerative disease. Last x-ray done in 2020, please evaluate. Comparisons: 12/19/2019Technique: AP, lateral, and open-mouth views of the cervical spine are obtained.

Findings: Multiple views are obtained of the cervical spine. There is a mild posterior subluxation of the C5 in respect to C6 with no significant change since the prior examination. Height of the cervical vertebrae are normal with no evidence of fracture. There is a mild spondylosis of the C3-C7. There is a decreased height of the C4-C5 through C6-C7 intervertebral disc spaces, interval worsening C4-C5 and C5-C6 since the prior examination. There is a reversal of the normal cervical lordosis. The prevertebral soft tissue structures, as well as the remaining soft tissue structures are normal. The visualized lung parenchyma is normal. On the open-mouth view, the dens and lateral masses are not well visualized from overlying teeth and osseous structures.

IMPRESSION:1. C3-C7.2. Degenerative discs C4-C5, C5-C6, and C6-C7 as discussed above.3. Reversal of the normal cervical lordosis.