14 year AD Navy IDES/MH disability rating questions

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brokenlizard

PEB Forum Regular Member
PEB Forum Veteran
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Hello,

I’ve been placed on IDES, MEB/PEB for the following conditions below, and a addendum dictation submitted by my Psychiatrist.

MEB:
1) Recurrent Rhabdomyolysis
2) Myopathy
3) Depression

Mental Health addendum to be included in my MEB:
ADHD, Persistent depressive disorder with anxious distress, social anxiety disorder, insomnia, dysthymia, rule out MDD our unspecified anxiety disorder and cluster B traits.

Now some questions arise because as of last week, a new psychiatrist mentioned in my last AHLTA encounter under diagnosis: Adjustment disorder, with mixed anxiety and depressed mood, borderline personality disorder. These aren’t included in my MEB/PEB, br I’m afraid of the long term effects for VA disability and the negative connotations associated with such diagnosis. I find this odd, because I’ve never had a NJP or any counseling/legal issues for 14 years of service. I’m looking to contact this provider via TCON to have it redacted to say otherwise and likely misdiagnosed. Of the 7 to 8 years of military mental health care I’ve received I’ve never been considered for such disorders, and so naturally I’m feeling a little confused by the new diagnosis here.

Am I wrong to ask to have the provider to redact the borderline PD and AD? Does it matter at this point, since it’s not at all in my MEB/PEB? Based off the DOD list of diagnosis, do I stand a good chance to be found unfit and medical retirement or separation with severance? If found unfit, roughly what kind of disability rating would I likely see from all this? Waiting to see the VA C&P mental health exam, to see what was inputted there. Pending NMA from command, and my PEB will officially get sent out after completing these few items, but in the meantime while I have some control of what gets inputted into my package I want to get the best possible outcome the first time around.

Thanks for everyone’s time, hoping to receive some helpful information here as it’s hard to turn to anyone else really.
 
Apologies, errors made on the addendum diagnosis

*Mental Health addendum to be included in my MEB:
Persistent depressive disorder Major depressive disorder (moderate), social anxiety disorder, insomnia, dysthymia and ADHD.
 
The VA will independently determine your diagnosis during the C&P exam. That is the diagnosis that matters for compensation.
 
chaplaincharlie said:
The VA will independently determine your diagnosis during the C&P exam. That is the diagnosis that matters for compensation.
Click to expand...

Makes sense.

Unsure if this is answerable but, my PEB won't include the borderline PD or adjustment disorder, if it were included in my PEB would this hurt my combined overall rating?
 
Any adjustment disorder will hurt your case IF the VA confirms that you have a adjustment disorder. Adjustment disorders by definition begin early in life and thus are consider to Exist Prior to Service.

But don't be over concerned at this point. Wait for the C&P exam and ask the examiner what he/she thinks about your condition. Unfortunately some military docs have forgotten their role and attempt to color many things as various adjustment disorders. You are at 14 years with no NJP....! If you had an adjustment disorder it should have surfaced long before now.

Should it come down to an AD, get a professional witness because it is just not possible.

Best wishes
Mike
 
Darn I wish I had that advice going into the C&P exam, finished it last week, now I'm advised it'll take about 30 days for the results to get back to my PEBLO. Unsure what the examiner had observed...

This makes so much more sense! Is AD one of those disorders will hurt ratings even with the 8 year rule (Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions)? Yes no NJP, not a single counseling chit, never late to work and performance marks were always well. I arranged a Tcon, to ask if she would consider redacting this from my records, but she firmly believes I fit these conditions.

I see, someone in the mental health field or generally a working professional that knows my work ethics.

*Side topic, do you have experience with mbrs going through IDES for myopathy and Recurrent Rhabdomyolysis (2 episodes undocumented during BUD/S, 2 documented once in Afghanistan and my recent relapse here CONUS)? Based off my MEB (Neurology) recommends to find me unfit for service will the PEB go with their recommendations? If found unfit, what analogous condition would Rhabdo fall under, and or myopathy? Having a hard time finding anything online, that shows these are or aren't compensable conditions. My muscle biopsy is stating partial enzyme deficiency, speaking of genetics my younger brother (8 yr Sgt) was also medically retired from the USMC for a metabolic related condition (compartment syndrome). Any insight on this took would be greatly helpful, and may ease my stress level a bit, especially because my PEBLO hasn't seen this in the 7 years he's served IDES, so have a lot of unknowns.
 
Last edited:
8 years changes thing legally. My opinion was on the stupidity of assigning a 14 year, trouble free veteran an AD diagnosis.

Case law

Metabolic myopathy is not found in the VA Schedule for
Rating Disabilities as a ratable entity. 38 C.F.R. Part 4
(1991). Therefore, it must be rated by analogy to a similar
disorder. 38 C.F.R. § 4.20 (1991). The appellant's
service-connected disorder was rated by analogy to
myasthenia gravis.
 
Ah, apologies for misunderstanding. Unfortunate AD/PD was entered in as diagnosis’s, are these typically a unfit condition too serve or do service mbrs have this disorder while serving?

Really helpful, thank you for providing that insight on what Myopathy/Rhabdomyolysis likely could equate to for disability rates. Thank you for your time, it’s kind of placing some ease to my situation especially knowing the 8 yr rule is in place to help for these kind of cases.
 
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