DA Form 199 Question

MSGHAWK

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I was placed on TDRL in March of last year with 90% DOD and 90% VA.
A few weeks ago the TDRL PEBLO called and told me that the MEB was starting to review my packet using a recent VA C&P (Mar 2015) so they could move me over to the PDRL. Today she sent me an email with the board's findings; 90% PDRL which is great and what I expected but as I was reviewing the 199 and I noticed a big difference in Section III. The original 199 states that the two unfitting conditions are combat related (V1/V3 - Yes) as well as other remarks about combat. The new 199 doesn't have anything stating combat related or the V1/V3 part at all in Section III.

Section V does stat that the disability disposition were incurred in the line of duty while in combat with an enemy of the U.S.

Should I see if Section III can be changed before I sign it?

My main concern is that I haven't applied for CRSC yet (getting everything ready to submit) and I'm worried that the new one will override the old one and lessen my ability to prove it is combat related.
 

scoutCC

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Its hard to recommend against paranoia and getting everything 100% straight. Usually this is quite easy to fix, just a memo from the lawyer and a couple weeks.

That said, I think its perfectly valid to just sign it and go. The 199 isn't proof to the CRSC people, they have to make their own determination. The sentence saying its combat related is clearly evidence and helps your case. Will the correct V codes help it more? Impossible to say, except to say there is no way they'd hurt it.

Its worth remembering that CRSC can apply to things found fit for as well and those without disability processing are eligible as well. Each condition has to be decided based on the evidence you send. Don't get the 199 fixed and then fail to send the medical note that said you got a GSW or something.

V codes I do believe have effect on retirement pay being tax free, should you receive retirement pay not offset by the VA. I believe they also matter if you get a GS job for a second retirement. CRSC I feel confident in saying the V codes can be wrong, not sure about those other, rarer, examples.
 

Warrior644

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I was placed on TDRL in March of last year with 90% DOD and 90% VA.
A few weeks ago the TDRL PEBLO called and told me that the MEB was starting to review my packet using a recent VA C&P (Mar 2015) so they could move me over to the PDRL. Today she sent me an email with the board's findings; 90% PDRL which is great and what I expected but as I was reviewing the 199 and I noticed a big difference in Section III. The original 199 states that the two unfitting conditions are combat related (V1/V3 - Yes) as well as other remarks about combat. The new 199 doesn't have anything stating combat related or the V1/V3 part at all in Section III.

Section V does stat that the disability disposition were incurred in the line of duty while in combat with an enemy of the U.S.

Should I see if Section III can be changed before I sign it?

My main concern is that I haven't applied for CRSC yet (getting everything ready to submit) and I'm worried that the new one will override the old one and lessen my ability to prove it is combat related.
From the recent experiences with my DoD TDRL re-evaluation, the DA Form 199 "does" annotate the applicable combat-related codes within SECTION III albeit it contained numerous erroneous statements that led to a lowered VA rating for the unfitting condition which ultimately resulted in my request for a FPEB hearing.

To that extent, what is your assigned DoD TDRL PEBLO saying about your available options to have the DA Form 199's SECTION III revised prior to your official acceptance via your payroll signature at this point in time? :confused:

In support of @scoutCC comments, it seems that the IPEB just made an administrative oversight which may be correctable via your submission of a FPEB appeal since it gives the IPEB another opportunity to review all documentation, or it may ultimately require the assistant of a SPEBC attorney if unsuccessful.

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

Best Wishes!
 

MSGHAWK

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From the recent experiences with my DoD TDRL re-evaluation, the DA Form 199 "does" annotate the applicable combat-related codes within SECTION III albeit it contained numerous erroneous statements that led to a lowered VA rating for the unfitting condition which ultimately resulted in my request for a FPEB hearing.

To that extent, what is your assigned DoD TDRL PEBLO saying about your available options to have the DA Form 199's SECTION III revised prior to your official acceptance via your payroll signature at this point in time? :confused:

In support of @scoutCC comments, it seems that the IPEB just made an administrative oversight which may be correctable via your submission of a FPEB appeal since it gives the IPEB another opportunity to review all documentation, or it may ultimately require the assistant of a SPEBC attorney if unsuccessful.

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

Best Wishes!
Warrior
I received the email yesterday afternoon and by the time I read through it the PEBLO had left for the day. I left her a voicemail and tried to contact her this morning with no luck, I will ask her if it's something that can be easily rectified which I'm hoping is the case.

The initial 199 that put me on TDRL listed a lot of info on how the two unfitting conditions happened (combat) in SECTION III but this new 199 doesn't mention anything about that only referring to my MOS (which is wrong) and how my condition prevents me from performing those duties.
 

Warrior644

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Warrior
I received the email yesterday afternoon and by the time I read through it the PEBLO had left for the day. I left her a voicemail and tried to contact her this morning with no luck, I will ask her if it's something that can be easily rectified which I'm hoping is the case.

The initial 199 that put me on TDRL listed a lot of info on how the two unfitting conditions happened (combat) in SECTION III but this new 199 doesn't mention anything about that only referring to my MOS (which is wrong) and how my condition prevents me from performing those duties.
Indeed, understood, thus please continue your persistence with the DoD TDRL PEBLO at this point in time!

Hopefully, a revision to the DA Form 199 can be done informally via an e-mail request from your PEBLO to HQ USAPDA. Otherwise, you may not have any other choice but to invoke your PEB appeal rights for any opportunity for a potential revision if it's more important to you to have the IPEB documentation inclusive of the combat-related codes.

Moreover, I can comprehend that the DoD TDRL IPEB is more concerned with the current stability of your unfitting medical condition(s) for rating purposes IAW the 38 CFR VASRD at this particular point in time. However, it would seem that line number three within SECTION V of the DA Form 199 should definitely be supportable additional evidence for your forthcoming submission of a CRSC claim in my opinion.

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

Best Wishes!
 
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NCOA5518

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Today I got my proposed rating, 90% army and 100% VA. Placed on TDRL, shoudl I fight to get it changed to PDRL.
 

Warrior644

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Today I got my proposed rating, 90% army and 100% VA. Placed on TDRL, shoudl I fight to get it changed to PDRL.
Welcome to the PEB Forum! :)

Congratulations on the recent receipt of your IPEB findings with associated DoD & DoVA proposed ratings! :D

In my opinion, it depends upon your own particular medical condition(s) situation and if the available medical evidence and/or medical documentation can indeed support a "permanent and stable" determination for any potential DoD PDRL adjudication at this point in time.

That said, please take care and enjoy your forthcoming military disability retirement with VA disability compensation benefits! :cool:

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

Best Wishes!
 
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