Found unfit for duty

TWC

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Right quick I would like to say hello and that this is my first post although long time viewer.
I have a few questions/concern's. First I would like to ask how long does it take to receive the VA ratings once you are found unfit for duty? It has been over a month since I received my memo. I looked this morning on the ebenefits website and I was on step 5 of the claims status process PREPARATION FOR DECISION. What does this mean? Second is not all of my disabilities claimed listed on the memo. They have only listed one of the major disabilities which was the chronic back pain (now has an actual diagnosis). I will have to come back later today to let you all know cause I do not have the memo right in front of me now. I will show all of the other disabilities that I am claiming I just don't understand that the chronic back pain is the only thing they had listed and found me unfit for duty.

· Disabilities Claimed: Chronic Back Pain (New), History of curling/corkscrew esophagus and esophagael reflux (New), PTSD with anxiety disorder, major depression, adjustment disorder, insomnia, chronic (New), Involutional Melancholia (MDD) moderate (New), B/L Ankle Pain (New), Right Wrist Joint Pain and fracture (New), Sleep Apnea (New), Right Arm cubital tunnel syndrome, tenosynovitis and tendonits (New), Right wrist carpal tunnel syndrome and tendonitis (New), B/L Knee Pain (New)

P.S. Thank you for your help.
 

chaplaincharlie

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When did you complete your C&P exams with the VA? It sounds like the VA has done its part and now the IPEB should meet.

DoD often finds a member only unfit for one issue. You may have to appeal to get other things found unfit. In many cases, members need a lawyer to get what the rules say they deserve.

I was found unfit on only one item also. It made no sense, but since that one item was rated 100% I didn't appeal.
 

landmine

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What would a lawyer be getting out of the deal? My understanding with a VA claim they can get a percentage for anything awarded to you from an original claim and/or appeal with the VA.

In my case, I am already 80% with the VA before starting the MEB. And now in an appeal process with the MEB findings and like you said legal had advised me to fight for just 1 of 3 conditions that were reviewed for possibly being found unfit which I still do not understand. Migraines was ultimately what legal recommended pursuing but the appeal was for 2 out of the 3 conditions.

Best of luck with the outcome especially since what chaplaincharlie mentioned with "DoD often finds a member only unfit for one issue".
 

TWC

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Registered Member
Right quick I would like to say hello and that this is my first post although long time viewer.
I have a few questions/concern's. First I would like to ask how long does it take to receive the VA ratings once you are found unfit for duty? It has been over a month since I received my memo. I looked this morning on the ebenefits website and I was on step 5 of the claims status process PREPARATION FOR DECISION. What does this mean? Second is not all of my disabilities claimed listed on the memo. They have only listed one of the major disabilities which was the chronic back pain (now has an actual diagnosis). I will have to come back later today to let you all know cause I do not have the memo right in front of me now. I will show all of the other disabilities that I am claiming I just don't understand that the chronic back pain is the only thing they had listed and found me unfit for duty.

· Disabilities Claimed: Chronic Back Pain (New), History of curling/corkscrew esophagus and esophagael reflux (New), PTSD with anxiety disorder, major depression, adjustment disorder, insomnia, chronic (New), Involutional Melancholia (MDD) moderate (New), B/L Ankle Pain (New), Right Wrist Joint Pain and fracture (New), Sleep Apnea (New), Right Arm cubital tunnel syndrome, tenosynovitis and tendonits (New), Right wrist carpal tunnel syndrome and tendonitis (New), B/L Knee Pain (New)

P.S. Thank you for your help.

As I said here is the actual diagnosis is Lumbar Spondylosis and Intervertebral disc Syndrome without unfitting radiculopathy with these codes (MEBDx 1) (V1-No; V3-No; V4-No)
 

TWC

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I was just courious cause I had seen a few SM's post their copy of the memo and they had more than 4 listed. So I thought maybe my MEB/PEB did not know what they were doing? So it's comforting to see that it is norm for DoD to find members unfit for one issue. I mean I will still recieve a rating for each of the other issues anyhow.
 

TWC

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When did you complete your C&P exams with the VA? It sounds like the VA has done its part and now the IPEB should meet.

DoD often finds a member only unfit for one issue. You may have to appeal to get other things found unfit. In many cases, members need a lawyer to get what the rules say they deserve.

I was found unfit on only one item also. It made no sense, but since that one item was rated 100% I didn't appeal.

I had completed my C&P on 3 Dec 14
 

inpain2424

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So if someone had 5 conditions referred and all 5 were found unfitting, thats a positive indication of the possible 30% range for dod?
 

Jason Perry

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So if someone had 5 conditions referred and all 5 were found unfitting, thats a positive indication of the possible 30% range for dod?

Impossible to say....there are several conditions that might not be compensable (in terms of degree of disability, i.e., warranting a 0% rating). That is highly unlikely, and if you asked me to "guess" (without knowing more) I would say it is "likely" to merit at least a 30% rating.

The answer would depend on what the VA stated as to the degree of disability (at least in IDES cases).

The more "hypothetical" the questions asked, the more useless the responses will be. Need facts to try to answer directly. I might win a Billion dollars tomorrow if I play the lottery. That statement is fairly useless as to counting on the likelihood of anything.
 

Jason Perry

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So if someone had 5 conditions referred and all 5 were found unfitting, thats a positive indication of the possible 30% range for dod?

Impossible to say without more specific info....there could be several conditions that might not be compensable (in terms of degree of disability, i.e., warranting a 0% rating). That is highly unlikely, and if you asked me to "guess" (without knowing more) I would say it is "likely" to merit at least a 30% rating.

The answer would depend on what the VA stated as to the degree of disability (at least in IDES cases).

The more "hypothetical" the questions asked, the more useless the responses will be. Need facts to try to answer directly. For example, I might win a Million dollars tomorrow if I play the lottery. That statement is fairly useless as to counting on the likelihood of anything, including me having a $1,000,000.
 

inpain2424

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Impossible to say....there are several conditions that might not be compensable (in terms of degree of disability, i.e., warranting a 0% rating). That is highly unlikely, and if you asked me to "guess" (without knowing more) I would say it is "likely" to merit at least a 30% rating.




The answer would depend on what the VA stated as to the degree of disability (at least in IDES cases).

The more "hypothetical" the questions asked, the more useless the responses will be. Need facts to try to answer directly. I might win a Billion dollars tomorrow if I play the lottery. That statement is fairly useless as to counting on the likelihood of anything.

A. Right Hallux valgus, plantar fasciitis, arthritis degenerative first metatarsophalangeal (MEB Dx 1) (V1-No; V3-No; V4-Yes)
b. Plantar Fasciitis, left (MEB Dx 1) (V1-No; V3-No; V4-Yes)
c. Asthma (MEB Dx 2) (V1-No; V3-No; V4-Yes)
d. Migraine headache / cervicogenic headache (MEB Dx 3) (V1-No; V3-No; V4-No)
e. Fibromyalgia (MEB Dx 4) (V1-No; V3-No; V4-No
 

Jason Perry

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A. Right Hallux valgus, plantar fasciitis, arthritis degenerative first metatarsophalangeal (MEB Dx 1) (V1-No; V3-No; V4-Yes)
b. Plantar Fasciitis, left (MEB Dx 1) (V1-No; V3-No; V4-Yes)
c. Asthma (MEB Dx 2) (V1-No; V3-No; V4-Yes)
d. Migraine headache / cervicogenic headache (MEB Dx 3) (V1-No; V3-No; V4-No)
e. Fibromyalgia (MEB Dx 4) (V1-No; V3-No; V4-No

The above are helpful as to knowing what conditions were found unfitting....but, would still need to know what the VA proposed ratings are....It is HIGHLY unlikely that given all of these conditions being unfitting that they would not add up to at least 30%.....but, still need to know what the actual VA ratings are for these conditions (or, in order to at least guess what they might be or are likely to be, what the C&P exam stated about these conditions).
 

inpain2424

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Mr. Parker, still waiting on VA to present first round of percentages. Will update when I have them.
 
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