Speaking FPEB

Determined2018

Registered Member
#1
I need information to make a decision on whether to appeal my FPEB decision or not. I have 22 AD years. I was MEB’d for PTSD (severe insomnia which they lumped under this). When the MEB was done they found me unfit for 7 conditions to include PTSD (combat related) and Chronic Migranes. PEB found me fit , no action, under the Presumption of Fitness Rule. I appealed and requested to appear before the FPEB. Appeared and they decided that I was only unfit for the migraines even though it is my chronic insomnia that is causing my migraines to worsen. I was also MEB’d for my back 4 years ago and they found me unfit throughout the process until I fought at the FPEB. Wanted to severance me. However, even though my back is worse and I am back on opioids they want to say my back is fit now that I have 20 AD. Should I fight to get other illnesses found unfit? Will getting the PTSD and back found unfit with my migraines affect any benefits or pay I will get or should I agree to the medical for migraines and go about my life? I have a lot of medical problems so I want to get the best deal for myself because I probably won’t be able to work and have to move with my brother. Please help. I keep getting different answers. Looking for someone who was in a simular situation or a SME to reply. Thanks.
 

Warrior644

PEB Forum Veteran
Registered Member
#2
I need information to make a decision on whether to appeal my FPEB decision or not. I have 22 AD years. I was MEB’d for PTSD (severe insomnia which they lumped under this). When the MEB was done they found me unfit for 7 conditions to include PTSD (combat related) and Chronic Migranes. PEB found me fit , no action, under the Presumption of Fitness Rule. I appealed and requested to appear before the FPEB. Appeared and they decided that I was only unfit for the migraines even though it is my chronic insomnia that is causing my migraines to worsen. I was also MEB’d for my back 4 years ago and they found me unfit throughout the process until I fought at the FPEB. Wanted to severance me. However, even though my back is worse and I am back on opioids they want to say my back is fit now that I have 20 AD. Should I fight to get other illnesses found unfit? Will getting the PTSD and back found unfit with my migraines affect any benefits or pay I will get or should I agree to the medical for migraines and go about my life? I have a lot of medical problems so I want to get the best deal for myself because I probably won’t be able to work and have to move with my brother. Please help. I keep getting different answers. Looking for someone who was in a simular situation or a SME to reply. Thanks.
Welcome to the PEB Forum! :)

Based upon the information given, it would seem that you may qualify for DoD CRDP if you are a disability retiree who earned entitlement to retired pay under any provision of law other than solely by disability, and you have a DoVA disability rating of 50 percent or greater. You might become eligible for CRDP at the time you would have become eligible for retired pay. Therefore, if eligible, you would be entitled to receive both military retired pay and Veterans Affairs compensation.

Bottom line is that with 22 years AFS and the assumption that you entered active or reserve military service after September 7, 1980, you shall receive 55% of the average of the highest 36 months of basic pay which will be subject to federal income tax. As a direct result from any PEB finding, additional entitlements of military compensation benefits may be warranted. For example, a combat-related finding on a PEB-referred "unfit for duty" medical condition shall result in your DoD disability retired pay not being subjected to federal income tax withholdings. Also, a DoD disability rating greater than 55% (in your particular situation) shall yield a higher military disability retired pay amount.

So, unless your migraines medical condition found by the FPEB to be "unfit for duty" was also found to be combat-related and/or has a DoD disability rating greater than 55%, you will not have any financial gain in your DoD military disability retired pay. If you are able to get more medical conditions to be found "unfit for duty" by the FPEB, then your opportunity to receive a higher DoD disability rating of greater than 55% should occur accordingly. Moreover, if any of those additional medical conditions (i.e., PTSD) also have a combat-related finding, then your DoD military disability retired pay will be exempt from federal income taxation.

With that all said in my opinion, you need to decide what is definitely important to you (and your family) while still in the DoD IDES MEB/PEB process? Do the math computations for the different scenarios of potentially receiving a federal income tax exemption to include different DoD disability ratings greater than 55% up to the maximum 75% limitation as based upon your medical conditions symptomology which could qualify as being deemed "unfit for duty" by the FPEB.

Lastly, what advice is your FPEB attorney recommending to you at this particular point in time while in the DoD IDES process, also? Oh, you may also want to consider applying for SSA SSDI federal disability compensation since you stated "I probably won’t be able to work and have to move with my brother" if that actually occurs. Take care!

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

Best Wishes!
 
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verydirect

Registered Member
#3
Welcome to the PEB Forum! :)

Based upon the information given, it would seem that you may qualify for DoD CRDP if you are a disability retiree who earned entitlement to retired pay under any provision of law other than solely by disability, and you have a DoVA disability rating of 50 percent or greater. You might become eligible for CRDP at the time you would have become eligible for retired pay. Therefore, if eligible, you would be entitled to receive both military retired pay and Veterans Affairs compensation.

Bottom line is that with 22 years AFS and the assumption that you entered active or reserve military service after September 7, 1980, you shall receive 55% of the average of the highest 36 months of basic pay which will be subject to federal income tax. As a direct result from any PEB finding, additional entitlements of military compensation benefits may be warranted. For example, a combat-related finding on a PEB-referred "unfit for duty" medical condition shall result in your DoD disability retired pay not being subjected to federal income tax withholdings. Also, a DoD disability rating greater than 55% (in your particular situation) shall yield a higher military disability retired pay amount.

So, unless your migraines medical condition found by the FPEB to be "unfit for duty" was also found to be combat-related and/or has a DoD disability rating greater than 55%, you will not have any financial gain in your DoD military disability retired pay. If you are able to get more medical conditions to be found "unfit for duty" by the FPEB, then your opportunity to receive a higher DoD disability rating of greater than 55% should occur accordingly. Moreover, if any of those additional medical conditions (i.e., PTSD) also have a combat-related finding, then your DoD military disability retired pay will be exempt from federal income taxation.

With that all said in my opinion, you need to decide what is definitely important to you (and your family) while still in the DoD IDES MEB/PEB process? Do the math computations for the different scenarios of potentially receiving a federal income tax exemption to include different DoD disability ratings greater than 55% up to the maximum 75% limitation as based upon your medical conditions symptomology which could qualify as being deemed "unfit for duty" by the FPEB.

Lastly, what advice is your FPEB attorney recommending to you at this particular point in time while in the DoD IDES process, also? Oh, you may also want to consider applying for SSA SSDI federal disability compensation since you stated "I probably won’t be able to work and have to move with my brother" if that actually occurs. Take care!

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

Best Wishes!
 

verydirect

Registered Member
#4
You’ve given me more information than I’ve been able to get from anyone or find. My lawyer just told me based on their decision I wouldn’t qualify for any tax breaks. She didn’t suggest I fight to get more things found unfit. From your reply it seems that fighting for the PTSD to be found unfit would given me the tax free on my Army disability. Do you know if I would still be eligible for the CRDP since I have 22 AD years? Thank you in advance for your help.
 

Warrior644

PEB Forum Veteran
Registered Member
#5
You’ve given me more information than I’ve been able to get from anyone or find. My lawyer just told me based on their decision I wouldn’t qualify for any tax breaks. She didn’t suggest I fight to get more things found unfit. From your reply it seems that fighting for the PTSD to be found unfit would given me the tax free on my Army disability. Do you know if I would still be eligible for the CRDP since I have 22 AD years? Thank you in advance for your help.
Indeed, you are welcome!

As previously stated, if you meet all of the eligibility requirements for DFAS CRDP, then the answer would be yes regardless of any DoD IDES FPEB decision (favorable or unfavorable).

Based upon your FPEB attorney's feedback, I would agree in reference to not qualifying for any tax breaks as a result of the FPEB decision. Okay, your FPEB attorney didn't suggest fighting for more unfit medical conditions. But, I would offer that you ask her what do she think are your chances of receiving a favorable FPEB outcome from all available medical evidence and/or medical documentation as based upon your FPEB intentions/desires if you decide to appeal the FPEB decision?

In retrospect from an U.S. Army perspective, I was referred then accepted into the DoD IDES process and during the MEB phase, I initially only received a "medically unacceptable" determination for my thoracolumbar spine medical condition. I disagreed and submitted a MEB appeal via the IMR. The IMR was partially successful in that I received an additional "medically unacceptable" determination for my PTSD medical condition, but not for any of the remaining 48 medical conditions. During the PEB phase, I was found "unfit for duty" for two medical conditions (e.g., thoracolumbar spine and PTSD with a combat-related finding), but I disagreed and requested a FPEB hearing. After the conclusion of my second FPEB hearing, I was still unsuccessful with trying to get other medical conditions deemed "unfit for duty" and combat-related, but at least I am extremely pleased that I had tried for my individual particular situation.

Overall, no worries! Since the initial receipt of my PTSD medical condition with a combat-related finding by the IPEB, I qualified for a DoD military disability retirement with a federal income tax exemption at the conclusion of the DoD IDES process while placed onto the DoD military TDRL (for PTSD) in the past 3.9 years. Currently, I am in receipt of federally tax-free DFAS CRDP to include federally taxable (in my particular situation) SSA SSDI federal disability compensation due to the severity of my medical conditions' symptomology. Take care!

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

Best Wishes!
 
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verydirect

Registered Member
#6
Indeed, you are welcome!

As previously stated, if you meet all of the eligibility requirements for DFAS CRDP, then the answer would be yes regardless of any DoD IDES FPEB decision (favorable or unfavorable).

Based upon your FPEB attorney's feedback, I would agree in reference to not qualifying for any tax breaks as a result of the FPEB decision. Okay, your FPEB attorney didn't suggest fighting for more unfit medical conditions. But, I would offer that you ask her what do she think are your chances of receiving a favorable FPEB outcome from all available medical evidence and/or medical documentation as based upon your FPEB intentions/desires if you decide to appeal the FPEB decision?

In retrospect from an U.S. Army perspective, I was referred then accepted into the DoD IDES process and during the MEB phase, I initially only received a "medically unacceptable" determination for my thoracolumbar spine medical condition. I disagreed and submitted a MEB appeal via the IMR. The IMR was partially successful in that I received an additional "medically unacceptable" determination for my PTSD medical condition, but not for any of the remaining 48 medical conditions. During the PEB phase, I was found "unfit for duty" for two medical conditions (e.g., thoracolumbar spine and PTSD with a combat-related finding), but I disagreed and requested a FPEB hearing. After the conclusion of my second FPEB hearing, I was still unsuccessful with trying to get other medical conditions deemed "unfit for duty" and combat-related, but at least I am extremely pleased that I had tried for my individual particular situation.

Overall, no worries! Since the initial receipt of my PTSD medical condition with a combat-related finding by the IPEB, I qualified for a DoD military disability retirement with a federal income tax exemption at the conclusion of the DoD IDES process while placed onto the DoD military TDRL (for PTSD) in the past 3.9 years. Currently, I am in receipt of federally tax-free DFAS CRDP to include federally taxable (in my particular situation) SSA SSDI federal disability compensation due to the severity of my medical conditions' symptomology. Take care!

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

Best Wishes!
 
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