Awaiting Ratings and awaiting additional diagnosis

texas85

Registered Member
#1
My MEB has been approved, I have gone through all of my VA appointments and I may have an additional diagnosis of IBS. The issue is that I have my appointment around the time or a couple of weeks after my percentages come in. Is this something that I want to try to get while I am in or is this something that I should wait until I am out to consider. If it is something that I want to look at now, how do I go about that? Thanks!
 

Warrior644

PEB Forum Veteran
Registered Member
#2
My MEB has been approved, I have gone through all of my VA appointments and I may have an additional diagnosis of IBS. The issue is that I have my appointment around the time or a couple of weeks after my percentages come in. Is this something that I want to try to get while I am in or is this something that I should wait until I am out to consider. If it is something that I want to look at now, how do I go about that? Thanks!
Welcome to the PEB Forum! :)

From my experienced opinion with the DoD IDES MEB/PEB process via an U.S. Army perspective, does the symptomology for the IBS medical condition currently affect your ability to "reasonably perform duties of his or her office, grade, rank or rating." As such, your feedback indicates that you are now in the IDES PEB phase awaiting DoVA proposed ratings from the DoVA D-RAS; therefore, that's my assumption at this point also.

Depending upon the response to the aforementioned question is how I would potentially think about proceeding with your inquiry...

If yes, then it would seem that a request for a Formal PEB (FPEB) hearing would be necessary to potentially add the IBS medical condition as a PEB-referred "unfit for duty" condition while still in the IDES process. If approved by the FPEB as based upon all available medical evidence and/or medical documentation, then they can request a DoD disability rating from the DoVA D-RAS albeit the importance of already having an official IBS diagnosis from a Medical Board-certified Gastroenterologist may not be a DoVA disability rating factor; I don't know for sure. Note that implementation of this course of action will probably add more processing time to your overall IDES case timeline.

If no, then it would seem that you may need to wait until your official status changes to a military disabled veteran then submit a new DoVA disability claim (via eBenefits for faster processing) within 12 months of becoming a military disabled veteran so that the IBS medical condition will be considered military service connected under DoVA VBA rules & regulations. At that point, it's highly important to already have an official IBS diagnosis from a Medical Board-certified Gastroenterologist otherwise you risk the DoVA Rating Agency issuing a "Not Service Connected" determination due to no official medical diagnosis by a Gastroenterologist; at least from my experiences.

Indeed, there other courses of action for potential implementation; therefore, I would highly suggest that you review your forthcoming IPEB findings with an IDES attorney. At that particular point in time, I would also suggest that you make an inquiry in reference to your direct questions as annotated above. Take care!

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

Best Wishes!
 

texas85

Registered Member
#3
Thanks for the help. Right now, it is the local VA that is doing the screening, so I would hope that would help.

As for an attorney, is that something where I need to find one off base or seek the help from JAG?
 

texas85

Registered Member
#4
Also, the issue that originally found me unfit was MDD and GAD. A few searches has showed me that stress, anxiety and/or depression could be the cause of it. Not sure if they will be able to tie them together though.
 

Warrior644

PEB Forum Veteran
Registered Member
#6
Thanks for the help. Right now, it is the local VA that is doing the screening, so I would hope that would help.

As for an attorney, is that something where I need to find one off base or seek the help from JAG?
Indeed, you are welcome!

Upon receipt of the DoD IDES IPEB findings from your assigned PEBLO, you are authorized to seek the assistance of a military-provided IDES attorney for their review and
recommendation(s).

As such, each military branch of service has their own legal office with PDES/IDES/LDES attorneys. Of note, your PEBLO should have that specific information and should provide it to you upon your receipt of the IPEB findings. Otherwise, you can seek the assistance of a civilian attorney albeit you will have to pay the cost/fee for his/her legal services. Take care!

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

Best Wishes!
 
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