Skip the VA Ratings?

Hello all,

If you remember my last thread, I was worried about being found fit for duty because of what my commander recommended. NO WORRIES! I was found unfit, hooray!

Now, though, I have a new problem and question. I was wondering if there was a way to 'skip' the ratings portion of the process? Can I elect to NOT getting any disability and just skip that really long process now? I'm at a personal situation where I need to be back home with my son and family as soon as possible and now with this shutdown, it could add even more months to the ratings process. I'm afraid I'll be found with 10-20% disability anyway, which isn't worth another six months in the Army.
 
Click to expand...
Thearmyguy:

You may be able to ask for an administrative separation.

I can appreciate you wanting/needing to be home. Only you can make the best decision for you.
However, there are some things to think about.
1. Don't be so sure you will only receive severance. Look at the ROM for your back and the ratings table.
2. If medically retired, that means tricare for you and family.
3. The VA will rate you on all SC conditions, and this is typically higher than the DOD rating.
4. Filing a VA claim after discharge could easily double your claim time, or more.
5. You continue to draw a check while going through the MEB process.

IMHO, its seldom a good idea to not go through the process. But all circumstances are different. Others may be able to provide a different perspective.
Best of luck...Bob
 
ranger2992,

I am working tis home awaiting orders myself right now an have raised the issue to the PEBLO supervisor, legal and will meet with BN CDR tomorrow.

The problem with how the regulation is written now, is that it requires concurrence with the IPEB. Right now that does not occur until after you receive preliminary ratings from DRAS and your DA199 is produced.

Many issues have resulted from loose following of prescribed policy by the Dept of Defense and lack of update to reflect IDES vs legacy processes. AR 600-8-10 provides one procedure for requesting PCS Home, but then references 635-40 which provides caveats and a different approving authority.

The consequence to this is inaction because it is easier than trying to sort through this. I have a follow-up with legal on the matter on 15 October, so we will see where that leads.

thearmyguy,

I am by no means the expert, but am quickly becoming one because of the lack of guidance, specificity and predictability in this process.

I have recently spoken to an MSC supervisor and was told that you are not allowed to defer claimed conditions. According to this person, the Army requires DRAS to preliminary rate all claimed conditions that have been submitted. I have not been able to confirm this, nor have I seen any regulatory guidance and policy letter than mandates this. In fact, DTM-11-015 specifically states, "once the D-RAS has rated all unfitting conditions, the D-RAS will provide their proposed rating decision to the PEB. The D-RAS will defer rating all other conditions that require additional claim development in accordance with VA business practices and regulations."

I see the logic behind it because when a SM separates, the final claim will complete quicker. However, the consequence is that there is a longer delay now in completing the IPEB and getting out, which puts people in your situation in a difficult position.
 
I guess I may be a little misinformed or something guys, I get two ratings? Army and VA? All i know right now is that my case went to the VA for evaluation September 20th after being found unfit and they said it's probably going to take five months. Now, with this shutdown, that's looking at 6-7 months. I just really don't want to wait that long, my son can't wait and i don't want him to. The Home Awaiting Orders thing is a little confusing as well.

thank you all for your help!
 
thearmyguy said:
I guess I may be a little misinformed or something guys, I get two ratings? Army and VA? All i know right now is that my case went to the VA for evaluation September 20th after being found unfit and they said it's probably going to take five months. Now, with this shutdown, that's looking at 6-7 months. I just really don't want to wait that long, my son can't wait and i don't want him to. The Home Awaiting Orders thing is a little confusing as well.

thank you all for your help!
Click to expand...
Yes you will get two ratings, the Army (DoD) will use the ratings the VA gives on all of your claims (the fit and unfit for duty claims) and apply it to your unfitting condition(s).

Depending on what else the DoD finds as unfitting, you have two things that happen to you:
1. If rated 20% and under: You get medically separated, get a severance check, and collect your VA benefits after you get out.
2. If rated 30% and over: You get medically retired, get a retiree card, cards for your family, military post access and medical care, free TriCare Standard for you and your family and collect your VA benefits.
 
grizz13 said:
Yes you will get two ratings, the Army (DoD) will use the ratings the VA gives on all of your claims (the fit and unfit for duty claims) and apply it to your unfitting condition(s).

Depending on what else the DoD finds as unfitting, you have two things that happen to you:
1. If rated 20% and under: You get medically separated, get a severance check, and collect your VA benefits after you get out.
2. If rated 30% and over: You get medically retired, get a retiree card, cards for your family, military post access and medical care, free TriCare Standard for you and your family and collect your VA benefits.
Click to expand...

Thank you for the clarification!
 
thearmyguy said:
Thank you for the clarification!
Click to expand...

the free tricare standard grizz stated is all the way free! their is a copay! but cheaper than most insurance plans out their

But with FDC through the VA is averaging 113 days so it might be worth a shot if you decide to skip VA ratings while going through MEB
 
thearmyguy said:
Hello all,

If you remember my last thread, I was worried about being found fit for duty because of what my commander recommended. NO WORRIES! I was found unfit, hooray!

Now, though, I have a new problem and question. I was wondering if there was a way to 'skip' the ratings portion of the process? Can I elect to NOT getting any disability and just skip that really long process now? I'm at a personal situation where I need to be back home with my son and family as soon as possible and now with this shutdown, it could add even more months to the ratings process. I'm afraid I'll be found with 10-20% disability anyway, which isn't worth another six months in the Army.
Click to expand...

Nonetheless, congratulations on receipt of your desired "unfit for duty" determination by the PEB.

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

Best Wishes!
 
You must log in or register to reply here.
Top