Recieved my Ratings. Have a few questions.

Mk45Gunner

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So, I came into work this morning to see my findings were in my inbox. I have some questions.

Findings are: 30% DOD and 100% VA along with TDRL ( I have 20 Years and 1 month of Active Service).

However on my PEB Finding paperwork it states I only have 19 Years and 3 Months Length of Service. Is this causing them to place me on TDRL vice PDRL? My 20 year mark was January 17th, 2018.

My right hip arthritis is so bad I've already been told by the surgeon who did my original arthroscopic surgery 2 years ago that there is no fixing it and I need a full hip replacement. How can that be deemed as Unstable when there's no way it's getting any better. I was also rated for 5 other joints which are in pretty bad shape as well.

Should I request a formal board at this point? I'm going to be calling the lawyer as well but wanted to at least get some info from those who have actually had to go through this. Thanks


6. Length of Service
19 yrs. 3 mos.

FINDINGS
8. Finding
Unfit​
9. Recommended Disposition
To Be Placed on the Temporary Disability Retired List
10. Combined Disability Rating
30%​

..
DIAGNOSES AND RATINGS
Category I: Unfitting Conditions Disability Rating or
I VA Diagnostic Codes I Reason if not rated
1. PSORIATIC ARTHRITIS (UNSTABLE) 7816 30% 30%
Category III: Conditions that are not separately unfitting and do not contribute to the unfitting condition(s)
2.
HYPOTHYROIDISM
3.
SPONDYLITHESIS LUMBAR REGION
4.
MAJOR DEPRESSIVE DISORDER
5.
FIBROMYALGIA

ADDITIONAL FINDINGS

  1. a. The disability was incurred while entitled to receive basic pay.
    1. The disability did not occur during a period of unauthorized absence.
    2. The disability is not the result of intentional misconduct or willful neglect.
    3. The disability did occur after 14 Sep 1978.
  2. The disability may be permanent.
  3. The disability did not result from a combat related injury as defined by Title 26 U.S. Code Section 104(b)(3).
 

Warrior644

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So, I came into work this morning to see my findings were in my inbox. I have some questions.

Findings are: 30% DOD and 100% VA along with TDRL ( I have 20 Years and 1 month of Active Service).

However on my PEB Finding paperwork it states I only have 19 Years and 3 Months Length of Service. Is this causing them to place me on TDRL vice PDRL? My 20 year mark was January 17th, 2018.

My right hip arthritis is so bad I've already been told by the surgeon who did my original arthroscopic surgery 2 years ago that there is no fixing it and I need a full hip replacement. How can that be deemed as Unstable when there's no way it's getting any better. I was also rated for 5 other joints which are in pretty bad shape as well.

Should I request a formal board at this point? I'm going to be calling the lawyer as well but wanted to at least get some info from those who have actually had to go through this. Thanks


6. Length of Service
19 yrs. 3 mos.

FINDINGS
8. Finding
Unfit​
9. Recommended Disposition
To Be Placed on the Temporary Disability Retired List
10. Combined Disability Rating
30%​

..
DIAGNOSES AND RATINGS
Category I: Unfitting Conditions Disability Rating or
I VA Diagnostic Codes I Reason if not rated
1. PSORIATIC ARTHRITIS (UNSTABLE) 7816 30% 30%
Category III: Conditions that are not separately unfitting and do not contribute to the unfitting condition(s)
2.
HYPOTHYROIDISM
3.
SPONDYLITHESIS LUMBAR REGION
4.
MAJOR DEPRESSIVE DISORDER
5.
FIBROMYALGIA

ADDITIONAL FINDINGS

  1. a. The disability was incurred while entitled to receive basic pay.
    1. The disability did not occur during a period of unauthorized absence.
    2. The disability is not the result of intentional misconduct or willful neglect.
    3. The disability did occur after 14 Sep 1978.
  2. The disability may be permanent.
  3. The disability did not result from a combat related injury as defined by Title 26 U.S. Code Section 104(b)(3).
First, congratulations on the receipt of your DoD IDES IPEB findings!

From an U.S. Army perspective in my experienced opinion when previously in the DoD IDES process, the answer is no. It would seem that your total military length of service information is an administrative error and should be rectified easy upon the validation of your military service record. On the other hand, potentially changing an IPEB TDRL finding to an IPEB PDRL finding might not be such an easy task.

As such, at this particular point in time while in the DoD IDES PEB process, if you don't agree with the IPEB results then you should invoke your IDES PEB appeal opportunities with the assistance of a PEB attorney. Address all of your concerns to the PEB attorney with all available medical evidence and/or medical documentation. If a FPEB is requested/required to potentially rectify your IPEB findings concern, then the IPEB shall have another opportunity to review all IDES case file information and make another decision/recommendation. If the IPEB decision/recommendation doesn't change then they will forward your IDES case file to the PEB for scheduling of a FPEB hearing; at least from an U.S. Army perspective. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
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Mk45Gunner

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Thanks Warrior, it's been a stressful situation that's for sure.

My VA rating wouldn't change if I were to request an FPEB, would it? I'm at 20 years so regardless I'll receive 50% and Concurrent Receipt correct?

I can understand the 30% for the PSA because I haven't been on an Immunosuppressant for at least 12 months. Currently at 10 months. I don't get how the Fibro, my back, and the Anxiety are excluded and not considered unfitting. They are rated at 40/10/50 respectively.

Wouldn't a full hip replacement be considered unfitting in itself due to the psoriatic Arthritis?

I apologize if I'm all over the place here with these questions, I have a million things running through my head.
 

Vamica89

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Ur Va % is good u have 100%, now the key question u are getting unfit for one condition right? The condition that bring u to the MEb is that? Or more, ? Make sure you have planty evidence that will back u up in the FPEB if u going to DC and a good reason to fight for, also they will assign an attorney in DC if u ending up at there, u will meet him or her at there day before ur formal day. Make sure u bring ur last examinations. Any question let me know
 

Mk45Gunner

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This is my Page 1 of my PEB Findings.

They are saying that the CAT III Conditions are not unfitting. Everything listed are the same conditions I was referred for. I do have documentation from the doctor stating my only option for the hip is to have a replacement and my left isn't too far behind. I've continued to see my Thyroid doc since the referral and my levels are still not where they need to be and they also upped my dosage 4 times since. My back is just jacked up and have tried PT but that only made it worse. I have a Home TENS unit I was issued and use regularly. I take Gabapentin for the Fibro which aside from the Hip, causes the most issues.

I'm going to run all this by the IDES attorney first but I think I would be doing myself a disservice by not appealing and letting them get an in person view of my everyday struggles. Maybe if they actually see how I'm affected they might change the findings to permanent.
 

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Vamica89

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I will fight the condition u think u have more evidence, and stick with that condition to take it all the way to DC
 

Warrior644

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Thanks Warrior, it's been a stressful situation that's for sure.

My VA rating wouldn't change if I were to request an FPEB, would it? I'm at 20 years so regardless I'll receive 50% and Concurrent Receipt correct?

I can understand the 30% for the PSA because I haven't been on an Immunosuppressant for at least 12 months. Currently at 10 months. I don't get how the Fibro, my back, and the Anxiety are excluded and not considered unfitting. They are rated at 40/10/50 respectively.

Wouldn't a full hip replacement be considered unfitting in itself due to the psoriatic Arthritis?

I apologize if I'm all over the place here with these questions, I have a million things running through my head.
Indeed, you are welcome! :)

No worries! Any DoVA proposed rating issued by the DoVA D-RAS is not subject to review by a DoD IDES FPEB hearing; therefore, those ratings are safe from DoD scrutiny.

In retrospect, eligibility for DFAS CRDP is as follows:
  • Are retired with 20 years Active or Reserve Duty
  • Are receiving retired pay (that is offset by VA payments)
  • Have a 50% + DoVA disability rating
  • Reservists and national guardsmen must be eligible to retire based on service, normally 60 years old
Lastly, do your Fibro, Lumbar, and Anxiety medical conditions affect your ability to perform your assigned military duties? If yes, then you will need to raise that issue (e.g., seek a PEB-referred "unfit for duty" finding for each medical condition) also during the FPEB hearing. Very good deal with immediately seeking the assistance of an IDES attorney. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 

chaplaincharlie

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Over 20 should not get TDRL. I suspect when you get the dates straight the decision will change to PDRL.
 

Mk45Gunner

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Indeed, you are welcome! :)

No worries! Any DoVA proposed rating issued by the DoVA D-RAS is not subject to review by a DoD IDES FPEB hearing; therefore, those ratings are safe from DoD scrutiny.

In retrospect, eligibility for DFAS CRDP is as follows:
  • Are retired with 20 years Active or Reserve Duty
  • Are receiving retired pay (that is offset by VA payments)
  • Have a 50% + DoVA disability rating
  • Reservists and national guardsmen must be eligible to retire based on service, normally 60 years old
Lastly, do your Fibro, Lumbar, and Anxiety medical conditions affect your ability to perform your assigned military duties? If yes, then you will need to raise that issue (e.g., seek a PEB-referred "unfit for duty" finding for each medical condition) also during the FPEB hearing. Very good deal with immediately seeking the assistance of an IDES attorney. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
I think I'll see what the PEBLO and attorney have to say about the LOS discrepancy before I make a decision on the FPEB.

I deal with AA&E which reqhires heavy lifting my back can't handle any longer. The anxiety is manageable so I dont think I'd fight that. The fibro does make it tough because of the side effects I currently deal with. The biggest problem with that is the random sharp stabbing pains which basically force me to stop whatever Im doing till they end.

Let's say I decide to sign my current proposed findings. No matter what % DoD gives upon re-evaluation, I still rate the CRDP correct? Does the VA change your ratings also from that re-evaluation? I guess my biggest concern is getting lowered due to being on TDRL.
 

Mk45Gunner

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Over 20 should not get TDRL. I suspect when you get the dates straight the decision will change to PDRL.
That's what I thought as well and from what I've read MH diagnoses recieve TDRL regardless of LOS. Hopefully I will get some clarification tomorrkw.
 

Warrior644

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I think I'll see what the PEBLO and attorney have to say about the LOS discrepancy before I make a decision on the FPEB.

I deal with AA&E which reqhires heavy lifting my back can't handle any longer. The anxiety is manageable so I dont think I'd fight that. The fibro does make it tough because of the side effects I currently deal with. The biggest problem with that is the random sharp stabbing pains which basically force me to stop whatever Im doing till they end.

Let's say I decide to sign my current proposed findings. No matter what % DoD gives upon re-evaluation, I still rate the CRDP correct? Does the VA change your ratings also from that re-evaluation? I guess my biggest concern is getting lowered due to being on TDRL.
Okay, it would seem that your lumbar and fibro medical conditions could also be considered PEB-referred "unfit for duty" medical conditions at this particular point in time while in the DoD IDES process; at least in my opinion.

Upon placement onto the DoD military TDRL due to a PEB-referred "unfit for duty" medical condition(s) is(were) determined to be "permanent and unstable" for DoD rating purposes while in the DoD IDES process, all DoVA proposed ratings issued by the DoVA D-RAS are not subjected to any DoD scrutiny (e.g., re-evaluation). As such, only the DoD rating (e.g., only the PEB-referred "unfit for duty" medical condition determined to be "permanent and unstable" for which a TDRL finding was rendered) is effected by the DoD TDRL re-evaluation.

In other words, you can have more than one PEB-referred "unfit for duty" medical condition for an overall combined DoD rating, but only the PEB-referred "unfit for duty" medical condition which was determined to be "permanent and unstable" will be re-examined during a TDRL re-evaluation.

Indeed, if you meet the eligibility criteria for DFAS CRDP (as previously annotated in the above reply post #8), then you shall continue to receive CRDP upon placement onto the TDRL to include any follow-on TDRL re-evaluations. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 

Warrior644

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Over 20 should not get TDRL. I suspect when you get the dates straight the decision will change to PDRL.
That's what I thought as well and from what I've read MH diagnoses recieve TDRL regardless of LOS. Hopefully I will get some clarification tomorrkw.
From my experiences via an U.S. Army perspective while previously in the DoD IDES process prior to placement onto the DoD military TDRL, having over 20 years AFS isn't a key determining factor for receiving an automatic DoD military PDRL adjudication.

As such, in retrospect, I had over 26 years of military active duty service and was still placed onto the DoD military TDRL for a MH medical condition only. My overall combined DoD rating is comprised of two PEB-referred "unfit for duty" medical conditions albeit only the MH medical condition continues to be re-examined due to being determined "permanent and unstable" during the TDRL re-evaluations for the past 3.8 years. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
 

Mk45Gunner

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Spoke to the PEBLO this morning and it seems the LOS on the PEB Findings paperwork was my LOS when I was referred into IDES. That's taken care of.

Now knowing I do qualify for CRDP and I'm at 100% VA , I don't think I'm going to request the Formal PEB. Regardless of the outcome of the TDRL, I'm still eligible for CDRP.
 

Warrior644

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Spoke to the PEBLO this morning and it seems the LOS on the PEB Findings paperwork was my LOS when I was referred into IDES. That's taken care of.

Now knowing I do qualify for CRDP and I'm at 100% VA , I don't think I'm going to request the Formal PEB. Regardless of the outcome of the TDRL, I'm still eligible for CDRP.
Indeed, this is good news; congratulations! :D

Enjoy your medical retirement and DoVA disability compensation benefits too! Take care! :cool:

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
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138MISFIT

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This is really helpful. Hope you guys don't mind giving me some advice as our situations are similar( I only have 12 years service)................

Ok so I spoke with my PEBLO today and findings are back...40% TDRL 90% VA My conditions are Joint related(Knees 10% and shoulder 30%). Why is this TDRL neither conditions will ever get better.
I have an appointment with my PEBLO tomorrow to review the findings, then an appointment with my Navy appointed Lawyer Friday. I'll be asking if I can appeal to get put on PDRL, but in the meantime I was just wondering if anyone here knows what steps I need to take to get put on PDRL.
 
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