Need Fast Help - PEB Results Just Came In

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sackcrete

New Member
Registered Member
Greetings all,

There really is a forum for everything! I was placed into the MEB process earlier this year, and I was just notified today of my VA and DOD ratings. I will be getting a 20% rating from the DOD, and a 90% rating from the VA. I am seriously considering appealing the DOD rating, but I really don't want to ruin anything I have going for me with the more than ample VA rating. Now that I am essentially being medically discharged from service, I am going to focus on my education, and that check is like having a decent job. I have a wife and 2 children, so the ~$2,000 from the VA is going to help to a massive extent! A few questions:

1) Is my VA disability firm and permanent? Is there a chance the VA rating would change if I appeal my service branches 20% rating? How long will the 90% VA rating last? My mentors have told me it's literally for your entire life.

2) As it stands now, the 20% rating from the DOD means they are going to offer me a large severance check. Should I take this? I've heard rumors of not receiving a VA check until the severance check is paid in full. I will have more questions on this one depending what the actual verdict is as I've seen massive confusion no matter where I've researched.

3) Would it be in my best interest to appeal the 20% in hopes of 30%? From the surface, it feels like I can't lose by appealing as it would than make me medically retired rather than discharged, giving my family Tricare for Life. Can something bad happen from appealing? Can it change my VA rating or make me temporarily retired, therefore making them reevaluate me in the future and potentially lowering my VA rating?

I'm sick and not feeling very well, so I apologize if there are confusions portions of this post. Thank you all for your time!

TLDR; 90% VA / 20% DOD -- Should I:

1) Appeal the 20% and hope to be retired at 30%, and be happy with my 90% VA rating
2) Accept the 20% rating and discharge, but decline the severance pay and be happy with my 90% VA rating
3) Accept the 20% rating and the severance pay, and possibly not get my 90% VA rating for quite some time

I'm pulling my hair out over this! They provide great courses to teach these things, but all you can find is conflicting information depending on the source. Thanks again!
 
sackcrete said:
Greetings all,

There really is a forum for everything! I was placed into the MEB process earlier this year, and I was just notified today of my VA and DOD ratings. I will be getting a 20% rating from the DOD, and a 90% rating from the VA. I am seriously considering appealing the DOD rating, but I really don't want to ruin anything I have going for me with the more than ample VA rating. Now that I am essentially being medically discharged from service, I am going to focus on my education, and that check is like having a decent job. I have a wife and 2 children, so the ~$2,000 from the VA is going to help to a massive extent! A few questions:

1) Is my VA disability firm and permanent? Is there a chance the VA rating would change if I appeal my service branches 20% rating? How long will the 90% VA rating last? My mentors have told me it's literally for your entire life.

2) As it stands now, the 20% rating from the DOD means they are going to offer me a large severance check. Should I take this? I've heard rumors of not receiving a VA check until the severance check is paid in full. I will have more questions on this one depending what the actual verdict is as I've seen massive confusion no matter where I've researched.

3) Would it be in my best interest to appeal the 20% in hopes of 30%? From the surface, it feels like I can't lose by appealing as it would than make me medically retired rather than discharged, giving my family Tricare for Life. Can something bad happen from appealing? Can it change my VA rating or make me temporarily retired, therefore making them reevaluate me in the future and potentially lowering my VA rating?

I'm sick and not feeling very well, so I apologize if there are confusions portions of this post. Thank you all for your time!

TLDR; 90% VA / 20% DOD -- Should I:

1) Appeal the 20% and hope to be retired at 30%, and be happy with my 90% VA rating
2) Accept the 20% rating and discharge, but decline the severance pay and be happy with my 90% VA rating
3) Accept the 20% rating and the severance pay, and possibly not get my 90% VA rating for quite some time

I'm pulling my hair out over this! They provide great courses to teach these things, but all you can find is conflicting information depending on the source. Thanks again!
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I just read the sticky; here is the standard info requested:

SSgt/Air Force
Active Duty
7 years total service

IPEB findings: 90% VA / 20% DOD
 
1) Some of your conditions may not require further evaluation if the VA decides that they are stable and will likely not improve over time. However, you won't know this until after you get out and your claim is finalized. Don't not place too much hope on the 90% being for life. It could actually raise if your conditions get worse, or it could lower if your conditions get better.

2)Typically the severance check has to be paid back, unless the DOD condition that you are being boarded for occurred in a combat zone.

3) I am actually more curious if you have tried adding one of your VA conditions over to the DOD side of the evaluation. You may have more fortune than getting one of your conditions raised. I was able to move my back condition to the DOD side and this achieved me reaching 30%, without doing so I would have separated at 10% instead of retiring.
 
Almost_Separated said:
1) Some of your conditions may not require further evaluation if the VA decides that they are stable and will likely not improve over time. However, you won't know this until after you get out and your claim is finalized. Don't not place too much hope on the 90% being for life. It could actually raise if your conditions get worse, or it could lower if your conditions get better.

2)Typically the severance check has to be paid back, unless the DOD condition that you are being boarded for occurred in a combat zone.

3) I am actually more curious if you have tried adding one of your VA conditions over to the DOD side of the evaluation. You may have more fortune than getting one of your conditions raised. I was able to move my back condition to the DOD side and this achieved me reaching 30%, without doing so I would have separated at 10% instead of retiring.
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How did the process go to move a condition over to DOD?
 
Prior to your package getting sent to the PEB there is an option to request an impartial review of the MEB that was performed. I requested one after they didn't consider my back condition onto the DOD side of the evaluation. The impartial review agreed with the MEB's findings, so I then appealed there decision to another doctor who then agreed with my request to add my back condition to the DOD side of the evaluation for the PEB to consider. It looks like you are well past this point though. I believe your next option for appealing is with the formal board. I have heard of people having success with adding conditions to the DOD side with appealing to the formal board. I am not too sure how this process works though. Either browse around this forum on the formal board section to see what that looked like for them, or ask your PEBLO to see if he/she knows what the process looks like for appealing to the formal board to consider additional conditions onto the DOD side of the evaluation.

Essentially if any of your conditions truly does limit your ability to do your job then it should have made it to the DOD side of the evaluation. The MEB's job was to determine what conditions are duty limiting, but they frequently get this wrong. If you do have a condition that is duty limiting and wasn't considered by the PEB then I highly recommend you fight for it to be evaluated by the PEB.
 
VA ratings are not always permanent.

Appealing for 30% would be of benefit IF you have cause. Was the unfitting conditions improperly rated by the VA? Were other conditions that were found fit on your services guidance as unfitting? If you can't answer these question, consult an attorney.
 
So the 'paying back' thing isn't really you paying anything back, it's the VA not paying you for something the DoD already paid you for. So if you get a severance check from the DoD for your knee, and it's not a combat injury, and then you get rated by the VA at 10% for that injury, the VA is going to withhold that payment of 10% until it reaches the amount you were paid in severance. This is why when your severance is taxed you can ask for the taxed amount back, since the VA is going to withhold your payments for the full amount of your severance, not just the amount you see in your account. If that makes sense.
 
jessylynn said:
So the 'paying back' thing isn't really you paying anything back, it's the VA not paying you for something the DoD already paid you for. So if you get a severance check from the DoD for your knee, and it's not a combat injury, and then you get rated by the VA at 10% for that injury, the VA is going to withhold that payment of 10% until it reaches the amount you were paid in severance. This is why when your severance is taxed you can ask for the taxed amount back, since the VA is going to withhold your payments for the full amount of your severance, not just the amount you see in your account. If that makes sense.
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This makes perfect sense! So, I was given a total rating of 90% from the VA. My DOD unfit rating is 20% for a single condition (left knee). Does this mean I will get a 70% rating until the severance is paid in full by the remaining 20% of my VA rating? I'm trying to plan my finances out; thank you again!
 
sackcrete said:
This makes perfect sense! So, I was given a total rating of 90% from the VA. My DOD unfit rating is 20% for a single condition (left knee). Does this mean I will get a 70% rating until the severance is paid in full by the remaining 20% of my VA rating? I'm trying to plan my finances out; thank you again!
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That part I don't know, I think you're still considered 90%, they just don't pay you for the knee portion, whether or not that equates to you getting paid what you would be at 70% or not, I have no idea because the VA math makes no sense at all.
 
Did you reach out to NVLSP?

Pro Bono said:
National Veterans Legal Services Program provides free legal assistance to Service members going through the IDES process. You fill out an application form and send them your PEB packet (MEB/PEB/C&P/NARSUM/Profiles/Commander's Statement/MED Records). If they think they can help, which is likely, you get an attorney free of charge! Here is a link to apply for assistance:http://www.nvlsp.org/what-we-do/law...-integrated-disability-evaluation-system-ides. Or e-mail:[email protected][/QUOTE
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