TO FILE VA CLAIM IN MEB OR NOT

Warrior644 has not visited the forum since last March. He is a valuable asset and I hope he returns someday.

Ron
 
187thINF, from what I gathered going through my MEB, the IDES is the new retirement process while the DES is the legacy retirement process. In the IDES the DOD and VA work together to come up with your rating, essentially the DOD asks the VA schedule the C&P exams and provide a rating with rational. The DOD takes the unfit (IDES referred) conditions and comes up with your DOD disability rating.

In the DES (legacy process) in which you will be counseled if you choose this option) the DOD works your disability rating and your on your own to file your claims with the VA after you ETS.
 
I am not an expert on IDES or medical discharges in general; however, I often see Chapter 61 cases where the DOD rating is much different than the VA percentage.

Ron

Added:
One could review the CRSC forum and estimates for examples. In fact, most of the estimates I have worked involve different ratings for the two areas. Disabilities that apply to both the DOD and VA would receive the same rating; however, the VA will review all the service connected disabilities where the DoD is concerned only with those for which the member has been referred to the board.


Hey thanks Ron; appreciate the fill in.
 
My 60% from the VA is:
50% PTSD
10% L Knee
10% R Knee
1.9% Bilateral

My PTSD C&P exam was a joke (QTC). hence the lower rating
 
187thINF, from what I gathered going through my MEB, the IDES is the new retirement process while the DES is the legacy retirement process. In the IDES the DOD and VA work together to come up with your rating, essentially the DOD asks the VA schedule the C&P exams and provide a rating with rational. The DOD takes the unfit (IDES referred) conditions and comes up with your DOD disability rating.

In the DES (legacy process) in which you will be counseled if you choose this option) the DOD works your disability rating and your on your own to file your claims with the VA after you ETS.


SFC H, Bottom line DES are for Joe's who maybe wanting to get out of the service ASAP (typically short-term SM); and does not want to prolong going through the MEDBOARD process; IDES are for those who have been in the service for the long-haul and want to utilize all the services in place, and still have an influence or say in the process; i.e. if there's any inconsistencies/oversight in their medical record that affects their rating then they can appeal; DES on the otherhand, your allowing DOD to make the decision.....
 
My 60% from the VA is:
50% PTSD
10% L Knee
10% R Knee
1.9% Bilateral

My PTSD C&P exam was a joke (QTC). hence the lower rating


SFC H, to get a better understanding didn't you get DOD 60% and VA 90%?
 
On the plus side ALL of my DOD 60% was combat related and is tax free, as well as will my CRDP when I turn 60yrs old. My VA rating is still 90%. I'm currently waiting on my IBS (I have my exit physical showing I took the PB pills from the first Gulf War) and Hypertension claims to come back. Both were rejected previously, so if they come back rejected this time I have a letter ready to send to my House of Representatives.
 
187thINF, I was pretty much told by my MSC that the IDES was the best way to go through the MEB. If I choose DES I would have to be counseled as to what would and could happen. Basically your are correct, but If had to do it again I would still go IDES and be done. Your not going to have the help from your PEBLO, MSC, IDES Lawyers with your VA claims if you go DES.

My MSC recommended not submitting ANY claims to the VA during my MEB since I was 90% VA already. As the VA could lower my PTSD rating. What happened? They gave a rating to the DOD of 50% for my PTSD. But that was for DOD purposes only because I hadn't file any NEW claim with them (VA). The VA gave the ratings for the DOD to use but not to be use for VA compensation. So what I was doing essentially was using the IDES for the advice but I had already filed my claims myself. Crazy huh!
 
I retired 10 June 2019 as a MSG. I received 60% DOD tax free because of combat related and 90% VA. My MEB process was 7 months from start to finish. I finally received my first retired pay check 20 September 2019. I only filed claims for what was found to be unfit, and am currently fighting with the VA for the remaining claims. I was 90% VA before the MEB and didn't want to take a chance of the VA lower my disability rating.

The VA is now saying my remaining claims aren't service connected even though they are listed on my DA 199, so I'm exploring my options. Bloody process, yes unfortunately. Taking care of the family is what it's all about.

I can relate to embracing the suck, that's how the military trained us to be.
Hello SFC H,

Reading through this thread, I inferred that
--You have 20-good years, but have not reached the age requirement for reserve retired pay
--You received a CH 61 disability retirement @60% and you have a 90% rating by the VA
--You received a retirement check on 20 Sep 19

The results from the scenario described above (if my inferences are correct) should be:
--Your disability retired pay should be reduced by the amount of VA compensation received. Any residual retired pay (left over from reduction) you get to keep.
--You should receive your VA compensation @ 90%
--As you near the age for reserve retirement you can apply for it. The approval will be sent to the DFAS for implementation of CRDP;
--If your disability percentage of retired pay is higher than the reserve amount, you can continue to receive that rate. It will be reduced by the amount of VA compensation.
--CRDP will restore the amount of the longevity portion of your retired pay. If you have residual retired pay...that amount plus CRDP cannot exceed the amount computed for your reserve retirement.
--Your CRDP will be nontaxable.

Ron
 
RonG, you nailed it!

I receive $3040 DOD 60% Combat
I receive $2095 VA 90% w/ SC waived
I receive $951.81 DOD residual

$3040
- $2095
+951.81
= $3046

My retirement 3815 divided by 360 = 10.6 yrs
 
RonG, you nailed it!

I receive $3040 DOD 60% Combat
I receive $2095 VA 90% w/ SC waived
I receive $951.81 DOD residual

$3040
- $2095
+951.81
= $3046

My retirement 3815 divided by 360 = 10.6 yrs
I was hoping your DoD was more than the VA compensation when I saw you had received a payment on 20 September.

Obviously, you ended up with residual retired pay.

Ron
 
I received the first back pay 20 September, the next check will be on 1 October and is the $951.81 minus my SBP.
 
Excellent...

It's nice to receive them. I received my first retirement check (regular retirement) on/about 1 September 1991 (28 years ago).

Ron
 
I have questions for you if you don't mind RonG?

If the retired pay is tax free, is SBP tax free to beneficiaries when awarded?
 
I have questions for you if you don't mind RonG?

If the retired pay is tax free, is SBP tax free to beneficiaries when awarded?
SBP benefits are taxed as income to the survivor. I found no exemption due to the nontaxable aspect of the retired pay.

More info on SBP: at this LINK <----

Ron
 
187thINF, I was pretty much told by my MSC that the IDES was the best way to go through the MEB. If I choose DES I would have to be counseled as to what would and could happen. Basically your are correct, but If had to do it again I would still go IDES and be done. Your not going to have the help from your PEBLO, MSC, IDES Lawyers with your VA claims if you go DES.

My MSC recommended not submitting ANY claims to the VA during my MEB since I was 90% VA already. As the VA could lower my PTSD rating. What happened? They gave a rating to the DOD of 50% for my PTSD. But that was for DOD purposes only because I hadn't file any NEW claim with them (VA). The VA gave the ratings for the DOD to use but not to be use for VA compensation. So what I was doing essentially was using the IDES for the advice but I had already filed my claims myself. Crazy huh!

SFC H,
With the PTSD; did you claim for secondary conditions? There are those who suffers insomnia, ED, headaches/migraines that are associated with PTSD, but often does not submit claims or do not get diagnose for those conditions.
 
I claimed OSA and ED secondary to my PTSD. I had additional sleep tests done outside the VA by local sleep specialists, they filled out the DBQ and wrote a nexus for me. It cost me the Copays but I was granted 50% from the VA. I received SC for the ED. These aren't considered unfitting conditions so they only increased the VA compensation side.
 
Special Monthly Compensation SMC-K
SMCRatePayment variation
K​
$108.57Usually added to other rate OR paid as the rate when percentage is zero.

 
I added the SMC-K info since I receive it too (from Vietnam disabilities).

Ron
 
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