Army Rescinds Policies that Resulted in Low Disability Ratings for Wounded Warriors

Jason Perry

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Army Rescinds Policies that Resulted in Low Disability Ratings for Wounded Warrio

Superslacker87,

The change in policy relates to what rating criteria will be used once found unfit. Your issue appears to be that you disagree with the fit finding.

If you are having problems with sleep apnea and use of the CPAP, I would say your most likely route to a new MEB would be by going and talking with your doctor about the problems. Are you still deployed? I suspect that if you are not currently having these problems, you will have limited success. But if this is ongoing, the quickest route is to get the doctor to initiate a new MEB.
 

rangerchuck

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Army Rescinds Policies that Resulted in Low Disability Ratings for Wounded Warrio

Jason,
Within the last 3-4 months, what has been the rate in which cases are getting ajudicated at the BMCR?? I don't know if you have any idea, but I am hoping my case is near complete. I submitted back in Nov and I saw that case numbers in the 12000-13000 were listed on the research page as done. My case is #15667, so hopefully it will be done soon.
Rangerchuck
 

Jason Perry

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Army Rescinds Policies that Resulted in Low Disability Ratings for Wounded Warrio

Rangerchuck,

Sorry, I don't have any visibility on those numbers. They have to clear 90% of cases within 10 months, but it certainly seems like they have a faster rate. If you don't mind, please let us know when you get a decision.

Did they provide you with additional matters they received to comment on? They often get input from PEB on cases, and they should give you a copy of these matters to rebut if you choose.
 

rangerchuck

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Army Rescinds Policies that Resulted in Low Disability Ratings for Wounded Warrio

Jason,
Yea, I will post a response on the board once I hear something. I have not heard from them since I opened my case. If they refer to a PEB for medical guidance, I am hopeful that the Dr's statement I sent and the new regs concerning medical boards will boost my chances of getting reinstated. I just recently received my VA rating for my claim. I received only 30%, of that, 10% was all they gave me for my back. It seems that in this bizzare universe, guys who want to stay in, get booted. And guys with real medical issues get the run around and found fit. Crazy, huh?
 

builtgypsy

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Army Rescinds Policies that Resulted in Low Disability Ratings for Wounded Warrio

I find military and crazy are often interchangable terms. :rolleyes:

Good luck, Chuck!
 

martin

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Army Rescinds Policies that Resulted in Low Disability Ratings for Wounded Warrio

i was wounded in iraq while assigned as an embedded advisor by the usual means..IED. to make a long story short, i went to the V.A. i am rated at 80% disabled for as follows...PTSD 70%, cervical spondylosis 20%, upper extremity radiculopathy 10%, traumatic headaches 10%, and tinitus 10%. i am currently a drilling reservist and have hit the end of my rope as i cant do hardly anything like run, pushups, situps, or even load the magazine of my weapon much less pull the charging handle. i gathered all V.A. documents and award letters, as well as treatment records from being wounded twice to our units surgeons office. i was given a P3 for physical aud upper extremeties, and a P2 for lower. i was advised i am being sent before a PEB as i fall below standards, and reccommend "SEPERATION" i have 15 years for retirement, SO being the V.A. now has the power to examine for MEB/PEB, whats the process from this point? do i have to go to Ft.Sam Houston for a formal board? do i have to be re-examined to verify my diagnosis? or do i just wait to hear from the PEB about my options? i dont want to get low balled or discharged with no benefits from the army. the diagnosis i have are going to be for lifetime, all incurred in combat (11B) How long at this point do i have to wait for an answer. thanks...Martin
 

Jason Perry

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Army Rescinds Policies that Resulted in Low Disability Ratings for Wounded Warrio

Martin,

Sorry to hear about your injuries.

SO being the V.A. now has the power to examine for MEB/PEB, whats the process from this point?

This is only true as regarding those who are entered into the DoD / VA Pilot Program. Most likely you will be referred to MEB and go through the normal process. A lot of the timing will depend on how long it takes them to complete the MEB. Unfortunately, the Guard and Reserve have a very bad track record in processing cases in a timely manner.

Your VA rating will be helpful, though, as evidence. The PEB is not strcitly speaking, bound by the VA's determination. But they should explain any variance from the findings and if they fail to do so, you likely will have a strong basis for appeal.

Please feel free to post any questions and best of luck in getting a good result through this process.
 

robs42

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Army Rescinds Policies that Resulted in Low Disability Ratings for Wounded Warrio

i'm interested in how this will effect guys like me in the af that are in the beginning stages of the DES, awaiting my IPEB????:confused:
 

Jason Perry

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Army Rescinds Policies that Resulted in Low Disability Ratings for Wounded Warrio

Hello Jason,
This is jor41265 thank you for the information about the new policy on range of motion. I have a question that maybe you can help, I have just completed my TDRL evaluation and waiting for results; prior to my re -evaluation, I sent to the board of corrections to correct my military records to reflect my pay grade and ptsd and depression to reflect combat related. In 2003, I was in an explosion in Iraq, where my humvee rode over and IED and was hit with a RPG. My initial PEB decision was rated ptsd was not severe enough to be unfitting to the military, depression was rated at 10%. During the second evaluation ptsd was the primary cause and depression was secondary. I asked that this be change to state on my orders that this was combat related, the Board of Correction stated that because of what the first evalution board stated it was correct, however, they stated I was in an two explosions and I may appeal this in one year; however they granted a partial request for my rank to be change from SGT to SSG. Do you have any suggestions on what I should do?

Sorry for late reply, I missed this when you posted it.
You could submit additional evidence to BCMR to get this corrected. You could also argue it at your next board. Finally, you can sue in Federal Court to correct the error. Since you are still on TDRL, there are some interesting issues here regarding finality of the decision.
 

rhonda1210

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Army Rescinds Policies that Resulted in Low Disability Ratings for Wounded Warrio

My name is Rhonda , My 23 yr old son, John, was a combat medic spc in the ng active duty in premob and had an injury in training that resulted in a herniated disc. he is now in WTU at FT. Stewart and soon will transition to CBHCO ?awaiting MEB? I have no clue how this process works, how to advice him without letting things happen that will affect his future, what to expect, what his rights are, his symptoms are pain, numbness, radiating down both legs to feet, and weakness. Surgery is an unfaverable option, but we may end up with that route. If they medically discharge him soon, his back pain is so severe, he couldn't get a job a fast food joint. What can we do?
 

Jason Perry

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Army Rescinds Policies that Resulted in Low Disability Ratings for Wounded Warrio

Rhonda,

Welcome and I am sorry to hear about John's injuries. Your questions are broad, so my answers are neccesarily equally broad. But for starters, I would learn as much as I could about the process. Start with the Guide to PEBFORUM (link in my signature block). It would probably be a good idea if John gets educated on this. My main take away for you is that this system is an evidenced based system. It is important to document evidence and gather what supports his case.

After you have read up some more, you will have a better idea of what specific questions to ask. Please ask anything you like and I hope John's case goes well.
 

Used to Be Army Strong

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Army Rescinds Policies that Resulted in Low Disability Ratings for Wounded Warrio

I was rated in the Active Army 0% for my Narcolepsy even though I had had documents from my test saying that in one day I fell asleep during this test 5 out of 5 times within an average of 2.8min. then later on i also got paper work from VA saying that I'm unemployable due to my service connected disablities " left foot and narcolepsy" so how would this affect me I'm not able to take the medication because even when i did it was not affective. and i am not able to take pain meds and narcolepsy meds at the same time because it causes my narcolepsy to be worse i also can no longer drive a car. but i got a whole 0% for it from the army. please tell me how this will affect my upcoming TDRL eval later on this year. will have have problems because i no longer see a sleep specialist because there is nothing they can do for me. and its a big hassle with me needing to find a ride just for them to say sorry nothing we can do once a month. i am afraid that will cause problems.
 

Jason Perry

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Army Rescinds Policies that Resulted in Low Disability Ratings for Wounded Warrio

UTBAS,

Seeing a sleep specialist would probably help you to get a higher rating. It may not matter because you are rated at 0% (they could only find it now unfitting, but, aside from the facts of your condition, the change wouldn't matter to your rating). Like I said, though, being seen and getting the details of your condition would probably be very helpful to getting a higher rating.

It sounds like the whole situation is pretty frustrating, so I know none of what I wrote addresses that. But, only in answering your question, that is what I think the impact is likely to be. If the TDRL evaluation is complete, it should address your condition fully. That's a big "if," though.
 

Used to Be Army Strong

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Army Rescinds Policies that Resulted in Low Disability Ratings for Wounded Warrio

Jason,
wow i don't understand what you just said. So i shouldn't be hopeing for a increase when it comes to my 18mo eval.? or did you say i can't get an increase? OR did you say it would help get a increase if i were to see a sleep spealist? i mean i was rated at 0% when i should have been rated at 80% so shouldn't that increase at the 18mo?
 

Jason Perry

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Army Rescinds Policies that Resulted in Low Disability Ratings for Wounded Warrio

I'll try to clear up what I said. If it doesn't make sense, just ask and I'll try again!

I based what I said off of you being rated at 0%. Based on that, I figure that you can't do worse at the re-eval because you can only go up or be found fit for that condition. I don't know that not going to the sleep specialist will hurt you. But I figure it may help if you do, especially if they document your rating criteria.

From what you said about that you should have been rated at 80%, it sounds like they probably made an error. Depending on the relationship between your military rating and your VA compensation, it may be something you should fight out (definitely at the TDRL reevaluation, but I meant after, through BCMR and/or PDBR). But in some cases, all it matters is that you get at least 30% so you keep your TriCare coverage.

Like I said, if this doesn't make sense, let me know.
 

maparker

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Army Rescinds Policies that Resulted in Low Disability Ratings for Wounded Warrio

It appears that your initial narcolepsy rating was done using DoD substitute criteria that resulted in a 0% rating. In your TDRL review, the PEB will be required to rate your narcolepsy with VASRD criteria. Therefore, expect your new TDRL narcolepsy rating to be much higher.

Mike
 
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