VA re-eval and military PDR adjustment?

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freshouj

PEB Forum Regular Member
Registered Member
I am new to the forum, but had a few questions regarding my future options after retiring from the military after 8.5 yrs. I was found unfit by the Army at 40% PDR (40% Bilateral Plantar Fasciitis, 0% Knee Ankylosis) and 50% VA (40% Bilateral Plantar Fasciitis, 0% Knee Ankylosis, 10% Sciatica). The original reason the MEB/PEB was initiated was due to a ACL reconstruction, post-op staph infection, and 9 subsequent scar tissue debridement surgeries in the last 1.5 yrs which caused constant pain and limited range of motion. I've already signed my DA 199 and did not request a VA reconsideration or Formal PEB.

After speaking with my VA case manager on post, he recommended I request my VA reconsideration exam right after retiring since the Army and VA gave me 0% for my knee ankylosis. My question is not how to initiate another VA claim for re-exam, but rather if the VA changes my knee rating from, let's say, 0 to 20%, is there a way I can request a review for the Army to increase my retirement % since my knee was one of the two unfitting conditions?

Looking for any sort of guidance or options after I get out. Thanks for the help!
 
WELCOME to the Forum!


As the Army does not provide %ages (only the VA), your %age may not change. If the VA rated your referring condition at 40% then that is what the Army used.
 
So if the VA changes my Right Knee Ankylosis to 20%, can I appeal for the Army to adjust my PDR % to 60% despite the fact that I've already waived my rights to a Formal PEB? Is there a way to do this after retiring?
 
Both my knee and feet...

Straight from my DA 199, Section III, Medical Conditions Determined to be Unfitting:
MEB Dx 1 - Right Knee Ankylosis post surgery (Rating: 0%)
MEB Dx 2 - Bilateral Plantar Fasciitis (Rating: 40%)
 
You can request a 1 time VA reconsiceration and submit any and all new medical evidence. Have you signed your 199 yet?
 
No, I did not request 1 time reconsideration yet. Yes, I signed my DA 199 already last week.
 
freshouj said:
No, I did not request 1 time reconsideration yet. Yes, I signed my DA 199 already last week.
Click to expand...
Sascha Roberson said:
You should have don that before signing and agreeing with the 199
Click to expand...

Interesting...

If I may ask, why ask for a one-time DoVA reconsideration if you already signed the DA Form 199 and didn't request it?

Am I missing something here? Where was your PEBLO during this transaction? Did you seek SMEMC assistance prior to signing the DA Form 199?

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

Best Wishes!
 
freshouj said:
No, I did not request 1 time reconsideration yet. Yes, I signed my DA 199 already last week.
Click to expand...
Sascha Roberson said:
You should have don that before signing and agreeing with the 199
Click to expand...
Warrior644 said:
Interesting...

If I may ask, why ask for a one-time DoVA reconsideration if you already signed the DA Form 199 and didn't request it?

Am I missing something here? Where was your PEBLO during this transaction? Did you seek SMEMC assistance prior to signing the DA Form 199?

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

Best Wishes!
Click to expand...

CORRECTION#1:

...SMEBC...

Best Wishes!
 
Bottom line is I wasn't well informed (wish I would've fought it); so back to original question...is there any way to adjust the overall retirement % if the VA findings on an unfitting condition change?
 
Zomglawlz said:
Board of corrections?
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That looks like what I'm going to to have to do if my second "one time" VA recon doesn't go through. I'll go for my VA reconsideration once I'm out and then go to the Board of corrections with the new rating for my unfitting condition.
 
sasquatch98 said:
That looks like what I'm going to to have to do if my second "one time" VA recon doesn't go through. I'll go for my VA reconsideration once I'm out and then go to the Board of corrections with the new rating for my unfitting condition.
Click to expand...

If this option is truly a recourse for potential resolution, please accept my extended well wishes.

Thus, possessing well-informed knowledge is truly a powerful equalizer.
 
Quick update on my status...

I requested a VA reconsideration thru the PEBLO -> PEB via a 2 page MFR laying out my case, since there was an incorrect Dx code on my DA 199 (pointed out to me by DAV rep). After expecting nothing to come of it since I had previously signed/concurred on my DA 199, I received an email approx 2 weeks later from the PEBLO. Email stated that the PEB has sent my case forward to VA DRAS for reconsideration of my 0% knee ankylosis (unfitting condition)!

Not sure how this will all play out, but hoping the % be increased and up my PDR. Just had my 11th knee surgery and have my retirement orders, but will keep everybody updated to my progress. Still not holding my breath, but will be interesting to see...
 
Sascha Roberson said:
WELCOME to the Forum!


As the Army does not provide %ages (only the VA), your %age may not change. If the VA rated your referring condition at 40% then that is what the Army used.
Click to expand...

This is true for IDES cases although I have seen cases where the PEB ignored the VA rating and stated the condition was EPTS/WO aggravation and gave it a no rating. Unfortunately the legacy DES is alive and well for new entrant, academy cadets/midshipmen and those undergoing IDES reevaluations. In those legacy case situations, the PEB provides the rating.

Mike
 
maparker said:
This is true for IDES cases although I have seen cases where the PEB ignored the VA rating and stated the condition was EPTS/WO aggravation and gave it a no rating. Unfortunately the legacy DES is alive and well for new entrant, academy cadets/midshipmen and those undergoing IDES reevaluations. In those legacy case situations, the PEB provides the rating.

Mike
Click to expand...

Based upon the feedback from the NCRPEB SPEBC Chief Attorney a couple of weeks ago, I am definitely not looking forward to the IWA re-evaluation + USAPDA PEB process within six months after my forthcoming DoD TDRL military retirement. :(

Moreover, the Chief attorney at NCRPEB stated that the trend for IWA TDRL re-evaluation is resulting in lower rating for PTSD by the USAPDA PEB. It's understood that there exist an abundance of external factors specific for each re-evaluated IDES participant, but the leverage converts back to the DoD (Army) which more likely than not that an accurate military disability rating would be determined. :mad:

To that extent, wow this is simply amazing indeed; continuing potential injustice of the military (retired) service member at its best! :confused:

Best Wishes!
 
maparker said:
This is true for IDES cases although I have seen cases where the PEB ignored the VA rating and stated the condition was EPTS/WO aggravation and gave it a no rating. Unfortunately the legacy DES is alive and well for new entrant, academy cadets/midshipmen and those undergoing IDES reevaluations. In those legacy case situations, the PEB provides the rating.

Mike
Click to expand...

Warrior644 said:
Based upon the feedback from the NCRPEB SPEBC Chief Attorney a couple of weeks ago, I am definitely not looking forward to the IWA re-evaluation + USAPDA PEB process within six months after my forthcoming DoD TDRL military retirement. :(

Moreover, the Chief attorney at NCRPEB stated that the trend for IWA TDRL re-evaluation is resulting in lower rating for PTSD by the USAPDA PEB. It's understood that there exist an abundance of external factors specific for each re-evaluated IDES participant, but the leverage converts back to the DoD (Army) which more likely than not that an accurate military disability rating would be determined. :mad:

To that extent, wow this is simply amazing indeed; continuing potential injustice of the military (retired) service member at its best! :confused:

Best Wishes!
Click to expand...

CORRECTION! :cool:

...an accurate military disability rating would NOT be determined. :mad:
 
I'll keep you posted to what ensues, but I agree the potential injustice is extremely frustrating.
 
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