TO FILE VA CLAIM IN MEB OR NOT

SFC H

Registered Member
I've been looking through the forums for my particular issue and can't even come close, so here's where I stand.

o 6 years active duty

Operation Desert Shield/ Storm
Operation Noble Eagle
Operation Iraqi Freedom

o 24 years total Active with the remaining Army National Guard

o 90% VA compensation to date

70% PTSD [combat related]
50% OSA
10% Right Knee
10% Left knee
10% Tinnitus

My Military Service Coordinator has brought up that maybe I should NOT file any claims for VA compensation since it would bring on all new C&P exams. He explained that if I go that route, sign a VA 21-4138 explaining that I don't want to file for VA compensation in conjunction with the DOD IDES MEB process, the DOD would only do C&P exams for the conditions that make me unfit for duty [PTSD and Knees]. I do have other conditions [Hypertension, ED from PTSD meds and scheduled knee surgery with possibly filing for an increase afterwards.

My question is should I go the route he has suggested and then file my other injuries down the road afterwards.

Thanks for reading and or replying,
SFC H
 

LeoS

Registered Member
I am in a similar boat.

I recently came off of active duty orders on June 6th, 2018. I have 20 years of service, 14 years of active duty combined with National Guard and Reserves but 20"good years" total.

This past week I began the MEB process with HRC.

When I came off of orders in June, I went through the VA C&P process and was rated @ 100% T&P. All of my injuries are service connected and occurred in combat.

When I went through the de-mob process @ Fort Bragg all of the conditions where notated but I did not want to be an E-8 stuck in the WTU. I opted to do it my way. Ha. It is probably not the right way, but I did not want to be away from my family after two back to back Afghan deployments.

My thinking was that I would go through the VA process while submitting my documents to my COC for a potential med board. The VA process went quicker than expected and was completed before my Med board was initiated.

I will let you know how my process goes.
 

SFC H

Registered Member
Thanks for replying Leos,

I came across some of your posts yesterday. If claims are static it is my understanding the VA has concluded that they will remain the same or continue to get worse. I was under the impression that I would only file for compensation on any new claims, have C&P on those as well as the unfit for duty issues and the others would be left alone. My MSC did say the C&P exams for the unfit claims could be used to increase a percentage without have to go through another if I filed for an increase within a year.

I'll talk again with my PEBLO before giving my MSC a final answer as to which direction I intend to go.

I intend to post the process on this forum to let others know how it went, mainly because I haven't found many in our situation.

Thanks Leos
 

Padgettra

PEB Forum Veteran
Registered Member
Thanks for replying Leos,

I came across some of your posts yesterday. If claims are static it is my understanding the VA has concluded that they will remain the same or continue to get worse. I was under the impression that I would only file for compensation on any new claims, have C&P on those as well as the unfit for duty issues and the others would be left alone. My MSC did say the C&P exams for the unfit claims could be used to increase a percentage without have to go through another if I filed for an increase within a year.

I'll talk again with my PEBLO before giving my MSC a final answer as to which direction I intend to go.

I intend to post the process on this forum to let others know how it went, mainly because I haven't found many in our situation.

Thanks Leos and SFC H
My MSC kind of indicated the same, yet we did submit for increases on Blood pressure, Hernia and new GERD claim. None were approved and none were increased during my LOD PEB process. I did not see that it slowed anything down and all were at least evaluated during the process. None were considered service ending like my DVTs and PE (blood clots). I am waiting until mid February to appeal outside of PEB process as a normal VA appeal process. You have one shot to have items evaluated so go for the justo in my experience and advice. Ron P
 

Padgettra

PEB Forum Veteran
Registered Member
Thanks [U]Padgettra[/U],

question though, can or could we just submit the unfit and NEW only claims and not mess with the static claims?

Thanks [U]Padgettra[/U]
SFC H, I would think it would be a good course of action to just leave the old ones alone as long as they are not service ending conditions. You can always use the normal VA appeal and filing process. My experience is to follow what the MSC suggests because they work the VA system very day and we just do as required. Just my two cents worth. Best of luck as you navigate the process.
 

SFC H

Registered Member
Roger that,

All my claims so far I had to the homework on, so the risk of not filing any new claims for compensation does sound totally wrong. I just wondered if anyone else had gone that route.

Thanks.
 

Warrior644

Staff Member
PEB Forum Lifetime Supporter
PEB Forum Veteran
Registered Member
@SFC H,

Welcome to the PEB Forum! :)

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

Best Wishes!
 

187thINF

Registered Member
Team.....can someone provide support.....


This is my current situation;

Currently M-day Soldier; with 22 years this August 2019; this is a combination of Active and National Guard with multiple deployments.

1. Rated at 40% VA (tendonitis; and lower back (herniated disc) as an airborne infantry.

2. Pending VA claim for skin and mental health.

3. Have not started PEB.


Question;

1. Should I move forward with PEB with a pending VA claim or wait until other VA claim is approved?

2. Who do I contact in my unit to start the PEB process?
 

SFC H

Registered Member
I'm new to this 187thINF.

So, I can only refer to what I know. If your in the National Guard, most of the time it will take at least a year of being on a permanent profile with PULHES of 3 or higher to get recommended for an MEB. Your will get this referral usually when you go through your PHA or MRE. Yes you can continue with your own VA claims, I did and most injured guard members usually submit through E-BENIFTS on their own or through the use of a VSO, but the DOD will conduct their own C&P exams.

I was rated at 90% static on the VA side before I was even recommend for an MEB. My military service coordinator and I decided not to file any new claims with the VA. I was told that any new claims the DOD found service connected on their C&P exams, I could use those results and file any new claims [within one year] with the VA afterwards and not have to go through another VA C&P exam.

I had three C&P exams [all QTC} with the DOD scheduled, now waiting on the next step, which I don't know what it is.

Feb 1- Head to Toe- took 5-6 hours
Feb 4- Left Ear- took 15 min
Feb 5- PTSD- took 1 1/2 hours

Hope this helps answer your question,
SFC HALL
 

187thINF

Registered Member
Hey that's awesome; appreciate your response and wish you the best.

Do you recommend to wait until I complete my pending VA claim (skin disorder anxiety disorder)? Im at 40% VA, and the body and mind is struggling.

As you go to the process; continue to fill us in through the forum, it makes a difference.

Are you in the National Guard also?
 

SFC H

Registered Member
Not sure what your question is exactly.

The decision to start the MEB is not yours. If your asking to wait to file your VA claim, I would go ahead a file. Roger that on being in the National Guard, VA ARNG here.
 

SFC H

Registered Member
UPDATE

I received my UNFIT memo today [attached with PII removed], PEBLO said we got combat codes and 2-6 weeks will be the
time frame for the 199 disposition and VA rating document. Out of the gate I elected not to file any VA claims in the IDES process, so the DoD has no rating to go off of other than my VA static ratings.

SFC H
 

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