Possible IPEB outcome

was referred for chronic fatigue syndrome. I’m a guard member with 3 deployments and was rated last year with 40 percent from the VA For CFS. I was referred to the MEB and I filled out two VA forms. One that said “SM does not wish to file a claim; for MEB purpose only” and the other was my IDES referral form that said “SM was rated last year at 40% and would like to use that exam.” So they sent me to a general separation exam through the VA. I had thought the exam went good until
I read that the examiner put down no diagnosis but displays many Symptoms, sleep apnea not ruled out. This led to the doctor preparing my NARSUM to tell me he was gonna use the miscellaneous paragraph in the AR And find me unfit. Since I have diagnosis for PTSD, IBS, cervical strain, and headaches, he said this cluster could lead to the fatigue.
Now it goes to the IPEB, what could i expect now?
 
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They will only look at what you were sent to the board for, and any NEW condition from the exam that is also unfitting. You will get a copy of the narsum and some more paperwork from the peblo that will list everything out.
 
So will the DOD only rate the unfitted condition or condition(s) based off the NARSUM and the exam they sent me to? I signed stuff saying I want to use my current rating from the Va and I’m not filing a claim
 
TheGuy12 said:
So will the DOD only rate the unfitted condition or condition(s) based off the NARSUM and the exam they sent me to? I signed stuff saying I want to use my current rating from the Va and I’m not filing a claim
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LDES is a big gamble. There is a lot less protections. That is why you had to sign something to elect LDES. I know you did that thinking you were protecting your ratings but with LDES you have much less recourse if things don't go the way they should. The military isn't bound by your previous VA rating of 40% for CFS. Had you chosen IDES you would have had new exams and been rated for everything but you would have had more say in it and could challenge the rating via VARR if lower than you think and whatever the VA rated the condition for the military would have had to given you the same rating for your DOD% by law.

I would start interviewing some private attorney's. I am not sure if you can counter or challenge the NARSUM in LDES. If you were IDES I would tell you to request an IMR and or rebuttal to challenge the assertion. Then if IPEB doesn't rule in your favor you could then appeal to FPEB.
 
Crazy thing is, I did elect IDES. The PEBLO and MSC told me I had these options and that I can use them because my rating was just closed last July. The MSC was the one who told me I still had to go to a gen separation exam for the dod because the army had to do it as a checks and balances deal. I agreed with what the doc was trying to do with the NARSUM so I concurred and sent it up. when I spoke with the attorney he said we have more rights when we get ratings after IPEB, I’m just trying to see what’s to come. I have another phone call Monday with the lawyer from the soldiers counsel so hopefully things get more clearer
 
TheGuy12 said:
Crazy thing is, I did elect IDES. The PEBLO and MSC told me I had these options and that I can use them because my rating was just closed last July. The MSC was the one who told me I still had to go to a gen separation exam for the dod because the army had to do it as a checks and balances deal. I agreed with what the doc was trying to do with the NARSUM so I concurred and sent it up. when I spoke with the attorney he said we have more rights when we get ratings after IPEB, I’m just trying to see what’s to come. I have another phone call Monday with the lawyer from the soldiers counsel so hopefully things get more clearer
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Okay. I hate it when the MSC and or PEBLO give advice or options as they are just paper pushers. Your legal IDES counsel is the one that should be giving you advice before making a choice. I would have chosen to retake everything knowing I can control the narrative because now you have a general exam that is more recent they are going to lean on for NARSUM over your C&P's in the past. Talk to legal. You don't have to sit on this. You can at the very least do a written rebuttal to the NARSUM and maybe a IMR would be appropriate instead. Also, consider hiring a dedicated private attorney. This system is very confusing and they herd Soldiers through it like cattle. My wife had a dedicated attorney and through the recommendation of her legal counsel she appealed at every stage because there were issues at each one of them. That resulted in her getting max compensation in the end though it did extend her IDES timeline by 4-5 months.
 
Update: got a decision letter from the VA stating “this decision is strictly for DES purposes because you chose not to file a claim” then says “your diagnosis for chronic fatigue syndrome is confirmed and continued” so that’s good news. They said they took the last exam into consideration but the condition is unfit for military service and as shown the diagnosis is confirmed. More waiting now, again lol
 
TheGuy12 said:
Update: got a decision letter from the VA stating “this decision is strictly for DES purposes because you chose not to file a claim” then says “your diagnosis for chronic fatigue syndrome is confirmed and continued” so that’s good news. They said they took the last exam into consideration but the condition is unfit for military service and as shown the diagnosis is confirmed. More waiting now, again lol
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Glad you were able to get an answer. My Gen DBQ had a lot of incorrect information. So I hope it turns out ok.
 
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