VA Proposal Disabilities Missing Some of My Claims

DFonz001

Registered Member
Hello all! Quick story I have 22 years in the Army and am being Medically Retired. I received my VA Early Estimate Ratings a few days ago. I wasn't too happy with the results however, I noticed that my claims for PTSD (yes I'm seeing behavioral health and taking medication) or my Lower Back weren't listed or mentioned on the percentages. When I went to see IDES Legal about it I was told to go ahead and sign the VA document and they can better help me once I'm out of the military. Something about that just doesn't jive with me. Or maybe I'm just not understanding it correctly. Point is I feel very uncomfortable signing & leaving the army without having anything annotated or corrected in my VA Proposal. I don't think it was even considered when it came to determining my proposed VA Percentage. Its all annotated in my DA Form 3947, VA Form 21-526EZ, & very well annotated in my C&P Exam Report. Shouldn't this be an automatic amendment?
 

TXWI

Registered Member
I think you should contact a lawyer and get that fixed. that is what I would do.
 

PEBMember2017

PEB Forum Veteran
Registered Member
Point is I feel very uncomfortable signing & leaving the army without having anything annotated or corrected in my VA Proposal.
As you should be. You should address this promptly with your PEBLO and medical advisors/doctors and whoever your VSO is there in the TDRL/MEDBOARD office on your base/command. What did DOD come back with ratings wise?

Is PTSD and your lower back part of your NARSUM (reasons for medical discharge)? I would recommend seeking outside legal counsel.

I don't think it was even considered when it came to determining my proposed VA Percentage. Its all annotated in my DA Form 3947, VA Form 21-526EZ, & very well annotated in my C&P Exam Report. Shouldn't this be an automatic amendment?
Either amended (acknowledged) or listed as separate secondary issues. You run the risk of not having any service connection for these disabilities, however, if you do claim them within one year from discharge the VA may service-connect these issues and rate them at that time. However, if it is something significantly impacting your duties currently, it needs to be addressed as a reason for medical discharge/retirement.

Speak to any other TDRL attorney available there as well as the Veterans Service Rep. and see what's going on.
 

DFonz001

Registered Member
Thank you very much for this information. I certainly will coordinate accordingly. Also, this was not in my DOD side or the VA. My MEB proceeding is for my shoulder (DOD Side) and I got 30% for that. I am thinking I should put in for a Veteran Assistance Reconsideration (VAR). I just don't know how it works.
 

PEBMember2017

PEB Forum Veteran
Registered Member
Thank you very much for this information. I certainly will coordinate accordingly. Also, this was not in my DOD side or the VA. My MEB proceeding is for my shoulder (DOD Side) and I got 30% for that. I am thinking I should put in for a Veteran Assistance Reconsideration (VAR). I just don't know how it works.
I would recommend the assistance of a VSO and submit a VARR. That may be the appropriate course of action. If you contend the PTSD and lower back, it will actually force the VA to hold C&P exams for those specific issues.

 

DFonz001

Registered Member
I would recommend the assistance of a VSO and submit a VARR. That may be the appropriate course of action. If you contend the PTSD and lower back, it will actually force the VA to hold C&P exams for those specific issues.

That is some great knowledge! I highly appreciate it and will be doing this immediately tomorrow.
 
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