Reservist with Questions! Please help.

Magda

PEB Forum Regular Member
Registered Member
OK, I'm an Air Force reservist looking at a possible MEB for discharge because I can't run or walk for the PFT. I understand it now goes through the IDES system. However, I already have my VA rating of 60% disabled from when I got off active duty 6 years ago and transitioned to the reserves. I had 7 years active duty at the time. So, I have a ton of questions but these are the main ones:

1. If I go through a MEB, will the VA re-do my rating? Can this MEB affect my VA pay that I am already getting?

2. Will I have to go through all the VA exams again?

I am concerned because when I got my rating the first time, I was seeing a lot of doctors, compiled a lot of records and evidence for the 60% rating. Now, 6 years later, I still have all the same problems but we moved and instead of finding new doctors, I have just tried to deal with it myself. So if they re-evaluated me now, I wouldn't have a lot of evidence per se, even though my health is still pretty much a disaster, if that makes sense.

I'm trying to decide if I should just cut my losses and separate or if I should go through the MEB process. My main fear is if I go through the MEB process, I could lose the VA disability I already have.

I really appreciate the help of all you smart folks out there who understand this so much better than I do.

Thank you so much!!
 
OK, I'm an Air Force reservist looking at a possible MEB for discharge because I can't run or walk for the PFT. I understand it now goes through the IDES system. However, I already have my VA rating of 60% disabled from when I got off active duty 6 years ago and transitioned to the reserves. I had 7 years active duty at the time. So, I have a ton of questions but these are the main ones:

1. If I go through a MEB, will the VA re-do my rating? Can this MEB affect my VA pay that I am already getting?

2. Will I have to go through all the VA exams again?

I am concerned because when I got my rating the first time, I was seeing a lot of doctors, compiled a lot of records and evidence for the 60% rating. Now, 6 years later, I still have all the same problems but we moved and instead of finding new doctors, I have just tried to deal with it myself. So if they re-evaluated me now, I wouldn't have a lot of evidence per se, even though my health is still pretty much a disaster, if that makes sense.

I'm trying to decide if I should just cut my losses and separate or if I should go through the MEB process. My main fear is if I go through the MEB process, I could lose the VA disability I already have.

I really appreciate the help of all you smart folks out there who understand this so much better than I do.

Thank you so much!!

Welcome to the PEB Forum! :)

In response to your specific questions, I offer the following as provided from an US Army perspective:

Q1: If I go through a MEB, will the VA re-do my rating? Can this MEB affect my VA pay that I am already getting?
A1a: Yes, it's probable that the DoVA shall re-evaluate your current ratings.
A1b: The overall results from the MEB (medically unacceptable or medically acceptable conditions) may assist the PEB to make a physically "unfit" or physically "fit" determination for continued military service.

Q2: Will I have to go through all the VA exams again?
A2: Yes, it's probable since they are more than one year old.

Moreover, in my opinion, you have valid concerns and the decision is ultimately yours to make. But, if your decide the IDES DoD MEB/PEB process course of action, I would suggest to stay the course and remain strong until successful completion of the results you are trying to achieve.

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

Best Wishes!
 
OK, I'm an Air Force reservist looking at a possible MEB for discharge because I can't run or walk for the PFT. I understand it now goes through the IDES system. However, I already have my VA rating of 60% disabled from when I got off active duty 6 years ago and transitioned to the reserves. I had 7 years active duty at the time. So, I have a ton of questions but these are the main ones:

1. If I go through a MEB, will the VA re-do my rating? Can this MEB affect my VA pay that I am already getting?

2. Will I have to go through all the VA exams again?

I am concerned because when I got my rating the first time, I was seeing a lot of doctors, compiled a lot of records and evidence for the 60% rating. Now, 6 years later, I still have all the same problems but we moved and instead of finding new doctors, I have just tried to deal with it myself. So if they re-evaluated me now, I wouldn't have a lot of evidence per se, even though my health is still pretty much a disaster, if that makes sense.

I'm trying to decide if I should just cut my losses and separate or if I should go through the MEB process. My main fear is if I go through the MEB process, I could lose the VA disability I already have.

I really appreciate the help of all you smart folks out there who understand this so much better than I do.

Thank you so much!!

Benefits of the MEB process

1.) You can add in conditions that you are currently not rated for by the VA and have them processed in a manner that MAY be more timely than a standard VA reconsideration.
2.) Your prior conditions may have been aggravated by your current resreve status and may actually rate higher.
3.) There is the possiblility that your conditions may be disqualifying for retention in the AF and may be enough to warrant a medical retirement.
4.) You wil reneter the Military Healthcare system and may be able to improve some of your current conditions.

Detrements

1.) You may have your current rating downgraded.
2.) You may not be able to associate your current issues to prior military or current reserve status.
3.) You may go through the MEB and be found fit for duty, thus wasting a bunch of time.


What EXACTLY is keeping your from passing the PFT? This is pretty much the key factor. Is this issue related to an injury that was incurred during a period of active duty service and/or was aggravated by active duty service? Do you have a current LOD fo rthe condition that is keeping you from passing the PFT?
 
Very complicated issues here (because of idiosyncrasies of the IDES system as it relates to VA processing). I don't have time to respond at length at the moment, but I believe that the VA cannot reduce your ratings through IDES system without granting you notice of reduction (not an "original" conflicting award) (from the VA) at least 60 days prior to the reduction and a VA (not PEB) hearing. The basis for my opinion is this regulation:

38 C.F.R. § 3.103 Procedural due process and appellate rights.

(a) Statement of policy. Every claimant has the right to written notice of the decision made on his or her claim, the right to a hearing, and the right of representation. Proceedings before VA are ex parte in nature, and it is the obligation of VA to assist a claimant in developing the facts pertinent to the claim and to render a decision which grants every benefit that can be supported in law while protecting the interests of the Government. The provisions of this section apply to all claims for benefits and relief, and decisions thereon, within the purview of this part 3.
(b) The right to notice —(1) General. Claimants and their representatives are entitled to notice of any decision made by VA affecting the payment of benefits or the granting of relief. Such notice shall clearly set forth the decision made, any applicable effective date, the reason(s) for the decision, the right to a hearing on any issue involved in the claim, the right of representation and the right, as well as the necessary procedures and time limits, to initiate an appeal of the decision.
(2) Advance notice and opportunity for hearing. Except as otherwise provided in paragraph (b)(3) of this section, no award of compensation, pension or dependency and indemnity compensation shall be terminated, reduced or otherwise adversely affected unless the beneficiary has been notified of such adverse action and has been provided a period of 60 days in which to submit evidence for the purpose of showing that the adverse action should not be taken.
(3) Exceptions. In lieu of advance notice and opportunity for a hearing, VA will send a written notice to the beneficiary or his or her fiduciary at the same time it takes an adverse action under the following circumstances:
(i) An adverse action based solely on factual and unambiguous information or statements as to income, net worth, or dependency or marital status that the beneficiary or his or her fiduciary provided to VA in writing or orally (under the procedures set forth in § 3.217(b)), with knowledge or notice that such information would be used to calculate benefit amounts.
(ii) An adverse action based upon the beneficiary's or fiduciary's failure to return a required eligibility verification report.
(iii) Evidence reasonably indicates that a beneficiary is deceased. However, in the event that VA has received a death certificate, a terminal hospital report verifying the death of a beneficiary or a claim for VA burial benefits, no notice of termination (contemporaneous or otherwise) will be required.
(iv) An adverse action based upon a written and signed statement provided by the beneficiary to VA renouncing VA benefits (see § 3.106 on renouncement).
(v) An adverse action based upon a written statement provided to VA by a veteran indicating that he or she has returned to active service, the nature of that service, and the date of reentry into service, with the knowledge or notice that receipt of active service pay precludes concurrent receipt of VA compensation or pension (see § 3.654 regarding active service pay).
(vi) An adverse action based upon a garnishment order issued under 42 U.S.C. 659(a).
(Authority: 38 U.S.C. 501(a))
(4) Restoration of benefits. VA will restore retroactively benefits that were reduced, terminated, or otherwise adversely affected based on oral information or statements if within 30 days of the date on which VA issues the notification of adverse action the beneficiary or his or her fiduciary asserts that the adverse action was based upon information or statements that were inaccurate or upon information that was not provided by the beneficiary or his or her fiduciary. This will not preclude VA from taking subsequent action that adversely affects benefits.
(c) The right to a hearing. (1) Upon request, a claimant is entitled to a hearing at any time on any issue involved in a claim within the purview of part 3 of this chapter, subject to the limitations described in § 20.1304 of this chapter with respect to hearings in claims which have been certified to the Board of Veterans' Appeals for appellate review. VA will provide the place of hearing in the VA office having original jurisdiction over the claim or at the VA office nearest the claimant's home having adjudicative functions, or, subject to available resources and solely at the option of VA, at any other VA facility or federal building at which suitable hearing facilities are available. VA will provide one or more employees who have original determinative authority of such issues to conduct the hearing and be responsible for establishment and preservation of the hearing record. Hearings in connection with proposed adverse actions and appeals shall be held before one or more VA employees having original determinative authority who did not participate in the proposed action or the decision being appealed. All expenses incurred by the claimant in connection with the hearing are the responsibility of the claimant.
(2) The purpose of a hearing is to permit the claimant to introduce into the record, in person, any available evidence which he or she considers material and any arguments or contentions with respect to the facts and applicable law which he or she may consider pertinent. All testimony will be under oath or affirmation. The claimant is entitled to produce witnesses, but the claimant and witnesses are expected to be present. The Veterans Benefits Administration will not normally schedule a hearing for the sole purpose of receiving argument from a representative. It is the responsibility of the VA employee or employees conducting the hearings to explain fully the issues and suggest the submission of evidence which the claimant may have overlooked and which would be of advantage to the claimant's position. To assure clarity and completeness of the hearing record, questions which are directed to the claimant and to witnesses are to be framed to explore fully the basis for claimed entitlement rather than with an intent to refute evidence or to discredit testimony. In cases in which the nature, origin, or degree of disability is in issue, the claimant may request visual examination by a physician designated by VA and the physician's observations will be read into the record.
(Authority: 38 U.S.C. 501)
(d) Submission of evidence. Any evidence whether documentary, testimonial, or in other form, offered by the claimant in support of a claim and any issue a claimant may raise and any contention or argument a claimant may offer with respect thereto are to be included in the records.
(e) The right to representation. Subject to the provisions of §§ 14.626 through 14.637 of this title, claimants are entitled to representation of their choice at every stage in the prosecution of a claim.
(f) Notification of decisions. The claimant or beneficiary and his or her representative will be notified in writing of decisions affecting the payment of benefits or granting relief. All notifications will advise the claimant of the reason for the decision; the date the decision will be effective; the right to a hearing subject to paragraph (c) of this section; the right to initiate an appeal by filing a Notice of Disagreement which will entitle the individual to a Statement of the Case for assistance in perfecting an appeal; and the periods in which an appeal must be initiated and perfected (See part 20 of this chapter, on appeals). Further, any notice that VA has denied a benefit sought will include a summary of the evidence considered."

There are a ton of very complicated issues here (also turning on whether the ratings are "protected" or not, and the time periods involved. Bottom line, I don't trust that the VA will get these right in the IDES. However, there are a lot of "hurdles" for the VA to overcome in reducing ratings.
 
I would definitely recommend going through the MEB process albeit it is long and mentally painful. My VA claim was in 2008 and completed then but I went through the IDES in 2012. So, some time had passed since the first one so they had me go through the VA process again. My percentage was affected, it went up 30% more. Hope this helps.
 
I am currently an Army Reservist that is also going through the IDES process since 7/2012. One of the benefits of this program that you are provided counsel and you have to go through a legal briefing. Rating cannot be reduced during the IDES process, you can verify this with your VA MSC (military service coordinator) or your legal counsel.
 
Thank you so much everyone for all the help. I think I have decided to go forward with the MEB process because of two main things:

1. I am only just now realizing that my VA disability could be re-evaluated at any time. (Can you believe I didn't know this at all?) If that is the case, avoiding the MEB is not going to prevent them from changing my VA rating in the future.

2. My understanding (I think) is that while the VA disability rating can change at some point, a military medical retirement is forever, so whatever rating I get out of this MEB would be permanent for retirement purposes. This is important to me because I don't want to worry about whether my future income will or won't be there when I need it.

Jason - thank you so much for the information you posted. Part of my frustration with all this is it has been hard for me to determine the exact rules, processes, regulations, etc., especially because I am in a slightly more unique situation than the average person going through IDES. Also I think maybe I don't know where to look exactly.

Margaret - I am so glad to hear that ratings cannot be reduced during the IDES process but somehow I feel skeptical, mostly because my first round through the rating system seemed highly subjective. Do you have the source document for this I could refer to? Also, I am interested by the counsel part. Is this a military person? I haven't heard of an MSC or legal. I am still at the LOD stage so maybe that is still to come?

Warrior - I love your comment that "possessing well-informed knowledge is truly a powerful equalizer." I think that is part of my fear right now - I feel really poorly informed despite spending hours online researching. Thank goodness for forums like this and people smarter than myself. It is really hard to make decisions with little to no solid information, sometimes just on speculation on my part.

So another question, I just made appointments to seek treatment for some of my service-related conditions that I had kind of given up on doctors for (you know sometimes they just aren't able to help so I stopped going). Last time I had 2 solid years of treatment records. This time, it will be more sporadic and if I start now, I will probably only have a few months of treatment records. Do you know if this is a factor in ratings decisions?

Oh and for the record, here are my previous ratings:

1. 30% functional bowel disorder
2. 10% acetabular dysplasia and osteoarthritis, right hip
3. 10% acetabular dysplasia and osteoarthritis, left hip
4. 10% bilateral pes cavus and metatarsaglia, plantar fasciitis and sesamoiditis, right foot
5. 10% allergic conjunctivitis, bilateral
6. 0% anal fissure
7. 0% pelvic floor tension myalgia, muscle group XVII
8. 0% allergic rhinitis
9. 0% chronic cystitis
10. 0% onychomycosis, bilateral toes

Also they did not grant service-connection for hypothyroidism but I have years of records to back that up so I am going to readdress that as well.

I *SO* want to believe that they can't/won't reduce my rating. If so, I could end up with a 60% retirement, right?



Thanks again!!
 
Do you have a P3 on your profile? This is the start of the IDES process. Next you will be contacted by your PEBLO, then counsel through legal on the military post that is handling your MEB. You have the right to choose your own representation also. Approximately, 7-10 days afterward you are contacted by the VA MSC. This is a VA rep that works within the IDES process. He or she will tell you what happens to your previous claims, any claims you have on appeal, and the claims that are within the IDES claim. You will need to reach 30% on the military side to be medically retired. All ratings are done by VA DRAS according the VA Schedule of Rating. You can google title 38, ar 635-40, ar 40-501. Any claims that you have on appeal or at VA now will be pulled into the IDES process. Once you officially entered the MEB process you will be contacted by your PEBLO and legal and emailed powerpoint slides on the process. I was already rated at 70 before I entered IDES. The military will only rate you on the claims that they find you unfit for but VA rates you on everything. The VA MSC will schedule your C & P exams, and no just because you are rated by VA at 60% now doesn't mean that you will be automatically medically retired. 30% is the goal, 0-20% is severance pay. Remember, during this process medical retirement depends on the military rating of your unfit disabilities.
 
Do you have a P3 on your profile? This is the start of the IDES process. Next you will be contacted by your PEBLO, then counsel through legal on the military post that is handling your MEB. You have the right to choose your own representation also. Approximately, 7-10 days afterward you are contacted by the VA MSC. This is a VA rep that works within the IDES process. He or she will tell you what happens to your previous claims, any claims you have on appeal, and the claims that are within the IDES claim. You will need to reach 30% on the military side to be medically retired. All ratings are done by VA DRAS according the VA Schedule of Rating. You can google title 38, ar 635-40, ar 40-501. Any claims that you have on appeal or at VA now will be pulled into the IDES process. Once you officially entered the MEB process you will be contacted by your PEBLO and legal and emailed powerpoint slides on the process. I was already rated at 70 before I entered IDES. The military will only rate you on the claims that they find you unfit for but VA rates you on everything. The VA MSC will schedule your C & P exams, and no just because you are rated by VA at 60% now doesn't mean that you will be automatically medically retired. 30% is the goal, 0-20% is severance pay. Remember, during this process medical retirement depends on the military rating of your unfit disabilities.

I concur with margaret1; it's very well stated! ;)

BTW margaret1; welcome to the PEB Forum, also!

Magda,

You are welcome; no worries...it's all good! :)

In the interim, please remain positively proactive and stay the course throughout your DoD IDES MEB/PEB process interactions to secure the best possible solution(s) for yourself and your loved ones.

Thus, again, possessing well-informed knowledge is truly a powerful equalizer.

Best Wishes!
 
Margaret, Warrior - thank you for helping me to understand the process. I just went into the clinic today. I believe they are doing the P3 profile now. I expect maybe things will move quickly now with hearing from the PEBLO and such? Although I see that Warrior, was it really two months between your P3 profile and your commander being notified? That seems like such a long time. I was expecting days for that part.

Also, I am being proactive but I'm having a hard time figuring out exactly what I should be doing. I'm also having trouble with the positivity. I'm anxious actually. I'm in treatment for my conditions right now (doctors, physical therapy) right now and I'm worried about the stupidest things. What if I get better during the process? Of course I want to get better but how can I commit myself to "getting better" when my C&P exams might be right around the corner? Having a temporary improvement in the middle of this process doesn't seem to be the greatest idea, especially since these are chronic conditions I've had for years. Basically I feel like I don't know what to do or how to act. They ask me all these questions, like, what is your pain on 1-10, does it hurt more with shoe inserts or without, and I don't know how to answer. It's like "I don't know" isn't an acceptable response and I'm trying to figure out what answer they want to hear. This whole process is so stressful for me and it hasn't even really started yet. I'm even thinking about going into therapy because I feel so stressed out. Should I claim IPEB-induced anxiety as a condition (joke)...
 
Another question: does my P3 profile have to list all my conditions on it? Right now I think it just lists my feet because that is preventing me from running. At what point in the process do I need to make sure all my conditions are considered (especially for possible medical retirement purposes)?
 
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Margaret, Warrior - thank you for helping me to understand the process. I just went into the clinic today. I believe they are doing the P3 profile now. I expect maybe things will move quickly now with hearing from the PEBLO and such? Although I see that Warrior, was it really two months between your P3 profile and your commander being notified? That seems like such a long time. I was expecting days for that part.

Also, I am being proactive but I'm having a hard time figuring out exactly what I should be doing. I'm also having trouble with the positivity. I'm anxious actually. I'm in treatment for my conditions right now (doctors, physical therapy) right now and I'm worried about the stupidest things. What if I get better during the process? Of course I want to get better but how can I commit myself to "getting better" when my C&P exams might be right around the corner? Having a temporary improvement in the middle of this process doesn't seem to be the greatest idea, especially since these are chronic conditions I've had for years. Basically I feel like I don't know what to do or how to act. They ask me all these questions, like, what is your pain on 1-10, does it hurt more with shoe inserts or without, and I don't know how to answer. It's like "I don't know" isn't an acceptable response and I'm trying to figure out what answer they want to hear. This whole process is so stressful for me and it hasn't even really started yet. I'm even thinking about going into therapy because I feel so stressed out. Should I claim IPEB-induced anxiety as a condition (joke)...

In response to your specific inquiry, actually no; the entire process to obtain the P3 profile took over seven months from initial PCM submital to MEB approval!

I totally comprehend your pulsating feelings during this DoD IDES journey. If at all possible, please also remember that positive thinking yields positive results! As you can read, I am a big supporter of positivity; it's not easy but it's better than being its opposite! ;)

Throughout the DoD IDES MEB/PEB process, you shall experience all type of feelings in addition from the ones already present. Be honest when answering the questions from medical clinicians. If you don't know how you are feeling, tell the medical clinician(s) of such then move on. The medical clinicians are very aware of the symptomology.

Wow, with the daily severe physical pain (minimum 8 of 10) and chronic behavioral health issues, my emotions unfortunately change like the blowing wind and I am taking 21 different medications; just ask my wife and kids. :(

To that extent, I said that all to say: you can do it; if not for yourself then do it for your loved ones! No worries, it's all good! :cool:

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

Best Wishes!
 
Another question: does my P3 profile have to list all my conditions on it? Right now I think it just lists my feet because that is preventing me from running. At what point in the process do I need to make sure all my conditions are considered (especially for possible medical retirement purposes)?

I shall default to a thread response (#14) from maparker as follows:

http://www.pebforum.com/site/threads/1st-meeting-with-peblo_allready-problems.19363/

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

Best Wishes!
 
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