First of I would like to thank everyone on this forum that contributes with advice based of their experience and knowledge. I received today 70% on TDRL for DoD and 100% from the VA side. I have ten days to decide if I agree. I would like to appeal since my back which is rated at 30% and my Radiculopathy at 20% is not being considered as unfit. This is not about the money at this point since I am pretty much maxed out but more on getting these 2 conditions that should be considered unfit. The other reason is if I go in for my only current unfit condition there is a good chance it could drop to 50 or even below the 30% threshold. Please share your opinions. Thanks!
RATINGS ARE IN
- Thread starter TheBears
- Start date
Indeed, congratulations on the receipt of your IPEB findings; good deal!
From my experiences while on military active duty and progressing thru the DoD IDES MEB/PEB process, I had a total of two Formal PEB (FPEB) hearings. As such, I already had two "unfit for duty" medical conditions albeit I felt that I had additional medical conditions which should had been considered "unfit for duty" at that particular point in time.
Unfortunately, each FPEB hearing didn't agree with my request for additional "unfit for duty" medical conditions, but at least I remain "positively proactive" and I currently have a clear conscience since I tried via implementing my IDES appeal rights.
In my opinion, if you have medical evidence and/or medical documentation to prove that your back and radiculopathy should be considered "unfit for duty" medical conditions, then by all means request a FPEB hearing. But, be very cautious when considering a FPEB since upon the start of the FPEB hearing, all previous PEB recommendations become null and void.
As such, the President of the FPEB could decide that your current "unfit for duty" medical condition is now considered a "fit for duty" medical condition; is that feasible in your particular situation? If no, then maybe you should consider requesting a FPEB hearing since the worst case scenario would seem to be receiving the same DoD 70% TDRL recommendation; at least in my opinion.
Bottom line is to please consider all the positive benefits to include the negative benefits of requesting a FPEB hearing at this particular point in time while in the DoD IDES process. Ask yourself, can you handle a potentially unfavorable recommendation by the FPEB at this point?
With that all said, please take care and I hope that you obtain the PEB results you want! Peace!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
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What makes you so sure that your 70% DoD rating will drop to 30% or less? Also, if at 30% or greater, do you suffer financially?
My current unfit condition is PTSD and I highly doubted if I want to appeal to add my back and radiculpathy it will change my PTSD rating. If I were to appeal could my other fitting ratings be subject to change in percentage as well?Indeed, congratulations on the receipt of your IPEB findings; good deal!
From my experiences while on military active duty and progressing thru the DoD IDES MEB/PEB process, I had a total of two Formal PEB (FPEB) hearings. As such, I already had two "unfit for duty" medical conditions albeit I felt that I had additional medical conditions which should had been considered "unfit for duty" at that particular point in time.
Unfortunately, each FPEB hearing didn't agree with my request for additional "unfit for duty" medical conditions, but at least I remain "positively proactive" and I currently have a clear conscience since I tried via implementing my IDES appeal rights.
In my opinion, if you have medical evidence and/or medical documentation to prove that your back and radiculopathy should be considered "unfit for duty" medical conditions, then by all means request a FPEB hearing. But, be very cautious when considering a FPEB since upon the start of the FPEB hearing, all previous PEB recommendations become null and void.
As such, the President of the FPEB could decide that your current "unfit for duty" medical condition is now considered a "fit for duty" medical condition; is that feasible in your particular situation? If no, then maybe you should consider requesting a FPEB hearing since the worst case scenario would seem to be receiving the same DoD 70% TDRL recommendation; at least in my opinion.
Bottom line is to please consider all the positive benefits to include the negative benefits of requesting a FPEB hearing at this particular point in time while in the DoD IDES process. Ask yourself, can you handle a potentially unfavorable recommendation by the FPEB at this point?
With that all said, please take care and I hope that you obtain the PEB results you want! Peace!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
Indeed, the good news in reference to requesting a FPEB hearing is that the DoD must adopt the DoVA rating(s) from the D-RAS while still in the DoD IDES MEB/PEB process.
As such, the bad news could potentially result in the "fit for duty" finding by the FPEB or a denial of additional "unfit for duty" medical condition(s).
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
Congrats!
I was also referred for the same back condition and it was found to not be unfitting. didn't want to chance the ratings changing so I just signed it, you can always fight it with the VA on the outside it will take longer though, so if you are going to do it its quicker to do it while you are still active duty.
@TheBears So what good would it do you to appeal when you already reached over 30% DoD? Obviously you already have the VA side complete at 100% so no big deal. I just see between the lines that you are thinking the PTSD claim will dip below 30% when your out upon re-evaluation? Curious, I'm in the same boat.
From what I've heard the DoD can only rate you for one unfitting condition, and that will be the highest rated condition. You could have multiple rated conditions that are referred on your IPEB, but they will only rate the highest and give you retirement or seps based on that. Anyone..correct me if I'm wrong.
From what I've heard the DoD can only rate you for one unfitting condition, and that will be the highest rated condition. You could have multiple rated conditions that are referred on your IPEB, but they will only rate the highest and give you retirement or seps based on that. Anyone..correct me if I'm wrong.
DoD will rate ALL of your unfitting conditions. It is possible to have more than one. Also, the unfitting conditions aren't necessarily the highest rated conditions.
I have seven unfitting conditions and DOD applied VA ratings to all of them.
Given the TDLR decision, I think your thinking long term is a splendid choice! Best wishes as you attempt to make sure the board rates all unfitting conditions.
Mike
Mike