Rating received..Agree or disagree?

MzMoore25

MzMoore25

PEB Forum Regular Member
Registered Member
Hi, I just received my rating today. 90/90 I have been placed on TDRL for PTSD @ 70% I had surgery on my cervical spine Jan 31, 2012. ACDF to my C4-C5. People are saying take the 90/90. I dont know what to do. Gonna speak with JAG soon. 10% for having a titanium plate in my neck and right and left arm weakness/numbess is rediculus! Please advise. Thank you
 
Hello MzMoore,

As a baseline, the max you can get paid from the military is 75%. So a rating of 90% means you have maxed your compensation from the military. However, on the VA side, you can fight after you are retired for an increased finding (though, you can do a rating reconsideration request while you are still in). Given the TDRL finding (which, unless you can show stable conditions at 80% or more other than PTSD- unless you can show that condition is stable) you will not be able to get a PDRL finding. Given the relatively recent surgery, seems that TDRL is the likely outcome no matter.

There are a lot of issues that could make sense to appeal. If you have other conditions you think are unfitting that the VA rated and the military did not, it could make sense to appeal. And, given the high rating, I would not be surprised if you should/could/have a viable rating for a higher total percentage. It will make a difference on the VA side, but not on the military side.

Very hard to say without knowing all of your case details. But, my hunch is that your fight is with the VA not the military.
 
Nope, its with the Army. My concern is that I have seen postings about lower PTSD ratings after 6 month review. I dont care if I still some how end up with 90 still, but my neck needs to be more. When I get re checked in April, it is only for PTSD, nothing else. So if my PTSD goes down, Im screwed.
 
Well, but, from what you stated, you don't disagree with the current rating, so it seems you may not have a real fight with the Army.

A few points. First, the mandatory minimum for PTSD is 50% for six months. You are, apparently, in a different situation where you were rated at 70%. Seems to me the "normal" 18 months review should then be applied, not the six month review under 38 C.F.R. 4.129. Now, here is another important point- one that has not been well implemented as of yet. The "new" (Dec. 2011) DTM 11-015, states that the ratings for IDES cases and TDRL will be done by the VA. I think the military is currently ignoring this and supplying their own ratings (I have fought this once so far, in a Navy case, and though they would never concede the point, they gave me what I asked for, continuation on TDRL for another 18 months...if push came to shove, and they refused to refer the case back to the VA for rating, I think it is a very winnable case). The point is that the VA is far more likely to continue or raise a rating than the military.

A lot of complicated issues. I tend to think that you won't do better or much better in fighting now- but you might. Again, I would not hazard a guess unless I knew everything about your case.

Best of luck on getting the proper outcome. I hope all goes your way!
 
Yep, they gave me a 6 month review. It seems there doing that to every soldier here at Gordon in the WTU. Do you think my PTSD rating will go down? Under 50%? I have:
70% PTSD
50% IC(Bladder)
10% r foor chronic pain/fracture
10% ACDF C4-5 cervical spine surgery

Im just really concern that when I get re-eval'd, I dont wont PTSD to go down. I am an E6 with 10 years in 11 Sept 5. So Im getting more money thru Army comp as opposed to VA comp
 
This is a big issue- under the DTM, they have no right to adjudicate your case for ratings- the VA should do that. Now, what I have seen so far is that the military says, "well, the VA did not adjudicate, so we will." I think this is pure BS!

I have submitted a detailed legal memorandum to the Department of the Navy on why they cannot supply final post-TDRL ratings. I am clear that the military cannot do this.

So, the answer to your question really turns on who does the rating. I have less confidence that the military would get the rating question right. I think if the VA rates you, you will get a better outcome (of course, all of this depends on your actual situation- if you get much better or much worse, the rating question becomes easier).
 
MzMoore25 said:
Yep, they gave me a 6 month review. It seems there doing that to every soldier here at Gordon in the WTU. Do you think my PTSD rating will go down? Under 50%? I have:
70% PTSD
50% IC(Bladder)
10% r foor chronic pain/fracture
10% ACDF C4-5 cervical spine surgery

Im just really concern that when I get re-eval'd, I dont wont PTSD to go down. I am an E6 with 10 years in 11 Sept 5. So Im getting more money thru Army comp as opposed to VA comp
Click to expand...
What was the justification for 10% on your cervical condition? Did you have a nerve conduction study on your left arm? I'd take the 90/90 and run, but I am curious about the justification on your c-spine. I have two synthetic disks in my c-spine and due to limited ROM, I received a rating of 30% plus another 10% for cervical radiculopathy. Personally I think 10% for a radiculopathy proven by a nerve conduction study/ EMG is a joke.
 
You must log in or register to reply here.
Top