pad_guy,
I am glad you responded. There are a great many issues that are touched on in the post. Some of my comments you probably already realize, but I mention these points to put it in context and also to share these points with other readers.
First, remember, the purpose of the two compensation systems (DoD and VA are different). The DoD disability evaluation is designed to compensate for a military career cut short. The VA is designed to compensate for the impact of service connected disabilities on economic earning capacity.
I completely disagree with your assessment that it is a waste of time to pursue VA compensation and National Guard service. But, I want to make sure I understand what you are saying.
the reason I state the soldier(s) are waisting their time with the National Guard is because the VA off-sets their military pay from drills vs. their disability.
Are you only talking about those who are relatively healthy, but have service connected disabilities and want to continue to serve in the National Guard?
I think that as soon as they are eligible, National Guard members should apply to the VA for disability compensation. Why? Two reasons. First, the sooner in time to leaving a compensable period of service and filing a claim, the easier it is to show service connection. If they are service connected, then in the future, if the condition worsens (post NG service), they do not have to fight out this issue. The case and the award are much easier to process. They may also enroll in VA health care which is superior to what they would get as a member of the Reserve Component.
For the other cases, where the member is already rated by the VA, but then comes on orders and (either pre or post-mob) it is highly likely that they did not have a choice. That is, prior to the military identifying their condition, they were not eligible to enter the MEB/PEB. But going to the PEB potentially offers them and their eligible dependents TriCare coverage. So, for this reason alone, it makes great sense for all members to go the PEB.
so when a combat vet comes through DeMOB stating that they are 70% disabled by the VA, elect to continue to follow up with the VA, then change their mind and decide they want to go through the active duty channels is beyond me. I try to help, i'm usually successful and reach out the PDHRA folks, the state surgeons / MEDCOM's / Surgeons Offices, but damn! these are grown men and women here!
I agree that there is a lot of work put in on these cases. However, a huge part of the problem is that members (and commands, for that matter) have very little knowledge of the PDES. So, it is not the members fault that they do not understand the issues. A problem that exacerbates the issues is the bad, wrong, incorrect information put out to Soldiers.
can't have it both ways! it makes way too much work for everybody, IG, congressman, senators office ect... -it just gets old. only the names change.
But, yes you can! Or, more accurately, you can have exactly what the law grants. The problem is one of execution of the law. I don't blame the members for this, I blame the Services and the DoD.
it is very frustrating when it's people that were obviously broken and i am forced to pick up the pieces. the more i dig, the more i learn about "pre-existing" conditions that service members may or may NOT want a gravy train for. unless it's TDRL / PDRL issue, it's a waste of time - generally speaking.
Two points here. But before I get to them, I want to be clear. I am not an advocate for everyone who ever put on the uniform getting full retirement. But in my experience, there are WAY more people being wrongly denied than people getting undeserved benefits. But on to the points....
First, the only board who can rule finally on these issues are the PEBs. So, until the member gets into the system, it is complete speculation as to what the outcome will be. Pre-existing conditions are presumed to be service aggravated. So, EPTS is not as large of an issue as you might think.
Second, I can find a lot to disagree with about the PEBs interpretation of the law and regulations. But that aside, their decision-making is basically turned into a crap shoot when they get bad information from MEBs (incomplete exams, omitted records, useless commander's letters, etc.). On the subject of commands, they consistently fail to correctly process LODs. So, the PEBs are often hamstrung by lousy execution out in the field. Again, this is not a ding on the Servicemember. It is a failure of command responsibility.
i.e. get back on orders, go to a WTU and get rated --- by the PEB. then go back and try to get the 70% from the VA after the military boarded you. (or) get 0 to 20% which will be recoup'd by the VA - generally speaking.
Unless they have 20 years or more of service. And don't forget the dependent medical care. In some cases, the VA compensation is greater than the DoD, it is the medical care that is the valuable benefit. So, it is ALWAYS advisable to pursue both agencies for claims. It is not a handout, it is a benefit of service.
Remember, the systems are designed to work in tandem. Active duty members go to the VA after their military service. Why wouldn't a Guardsman do the same. And given that the military is supposed to use VA rating criteria, VA ratings are good evidence of proper military ratings, and the DoD Instruction on the PDBR tell the military to give "special consideration" to VA ratings awarded within a year of separation, it is certainly the correct course of action to go to the VA and the PEB, if eligible.
hope i don't come off as an a-hole. our office does this day to day, we liason with the DVA, DAV, yellow ribbon programs, states, reserve commands, units, soldiers ect... just mind boggling. and some of the stuff i'm reading here is all too familiar.
I don't think you are an a-hole. I strenuously disagree with your views. But, as I said before, you are in a position to help a great number of Soldiers. My hope is that my comments help you to see the importance of giving accurate information to Servicemembers. Whether you agree with my points or not, the benefits out there are directed by Congress, were signed into law by the President, and have been directed to be granted by the Service Secretary. As far as scammers, schemers, malcontents, and those seeking a "free ride," I say this: the system is equipped to deal with them. That is what the PEB does, it rules on cases. But, if there are delays, bad information put out, or inadequate investigations and evaluations, that is a command issue. If the Services did a good job at the initial level, the vast majority of problems would disappear.
Again, I am glad you responded. I hope this offered some food for thought. I don't know if I changed your mind, but I hope you at least considered my comments.
