Lawyer submitted documentation to FPEB to have PTSD raised from 30 to 70, shoulder 20 to 30 and back fusion 40 to ?. DOD at 50% PDRL and VA 60% prior to FPEB. They changed all conditions to combat related. Lawyer said we will need to petition VA to raise percentages and this was better in long run cause if they had raised his PTSD he would be on TDRL.(that part I agree with) Does this sound like good advice? E-4 with six yrs. been in wbtu since 3/2011. Had spine stimulator surgery yesterday. Thanks for any and all help.
Confused about next step to take after FPEB
- Thread starter Patricia
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Jason Perry
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What is your goal?
Some of the above does not make sense. The PEB (under IDES rules) does not make rating determinations. They only find conditions fitting/unfitting. The VA makes the rating determinations.
As far as what is "better" (long run or short run), with a PDRL finding, the issue is strictly conditions that may be additionally unfitting and or increase in ratings for conditions that are unfitting (or should be unfitting).
Bigger picture, I would look at whether an increase in DoD compensation/rating would make a difference taking into account the VA ratings (and any likely increases in VA ratings).
I think you may be conflating/confusing terminology. The Formal PEB is a hearing where the member personally appears. Your description of events suggests that the FPEB has not occurred yet.
Hard to tell about what is "good advice" without know the issues and circumstances of the case.
Hope all goes well.
Thanks. It was a Fpeb and he did go in person. The lawyer made it sound like they could get the ratings changed. Now I know better. Our goal is pdrl which he got but his va is at 60 percent and we feel he deserves and needs 100. At what point can we get another chance at the va percentages?