Received my findings... frustrated and confused

horrorzeze

New Member
Registered Member
Hi, I just got done reviewing my findings with my PEBLO and I feel very lost. I am currently waiting to receive a call back from my attorney to discuss my findings but I wanted to see if anybody else had experienced this. I was not given a DoD rating as it was found to be a preExisting condition. It’s frustrating because even if that’s true it was definitely aggravated by the navy in my opinion. I was found unfit due to persistent depressive disorder. Also there isn’t any evidence of it existing prior to the navy.

My VA rating is 70%. So I don’t know if I should just cut my losses and get out because this whole process has been much longer than average and it is making me miserable.

From my understanding, I still get medical coverage from the VA (aside from dental) and my spouse is a state worker so I get health benefits anyway. I’m curious to hear other opinions and if you think I should accept the findings or not. I’m not exactly sure what I would be potentially losing out on if I just accept the findings.
 
You should talk to counsel. It is the services responsibility to provide evidence that the condition EPTS and that is was not made worse by service.
 
Let me start this by saying you are absolutely justified in your frustration. The DOD has very rarely met the burdon of proof required by their own DODI for showing that a condition existed prior to service. They force you to fight the system.

My recommendation; fight! While it is a pain, if you get to 30% DOD you will get tricare for life which will cover you and your family. VA only covers you. This alone is worth thousands of dollars a year.
 
I say fight it if you get Tricare your spouse can drop their health coverage and to my knowledge state benefits are not cheap saving you a few hundred a month from that angle alone. What if your spouse got fired, laid off, injured that Tricare is the best plan b available.

To be honest, I dont know if the services are too strict with EPTS or the VA is too lenient I've seen it go both ways. First, start with the VA exam you need to read that DBQ ASAP to see if the examiner either addressed the evidence that it existed prior to service or if it was omitted entirely. If both the examiner and VA rater omitted any mention of it then it goes back to your service branch to see what evidence was used to come to a conclusion. If the examiner and rater did mention it but granted your claim anyway that is HUGE even though your branch might play that "non-binding" game you will win on appeal

Based on my experience the DoD will hit you with EPTS if you were consistently seeing MH providers within your first year of service this kinda plays to their advantage that it is in no way aggravated by your service unless there was a major documented stressor event within that first year.

Have you actually reviewed all your medical notes meticulously? are you sure there is no mention of events that could have caused the depression before you entered the military?

Talk to counsel to see what your options are for a good offense.
 
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