I was offered to options for a MEB with either my shoulder injury (bursitis, tendonitis, torn rotator cuff) or for behavioral health (depression and anxiety). I am deciding which one would be the best option. My nurse case manager stated that there may be a chance I get 30% disability from my shoulder, and it would be permanent. The behavioral health would give a higher rating she stated but it would be on the TDRL. I am inclined to take the behavioral health option but am worried about the re-evaluation and ending up lower than 30%. Any advice would be great as I am struggling to decide which option.
Given two MEB options
- Thread starter Rhernandez95
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- army ebh tdrl tdrl to pdrl
I would take the PDRL condition at 30% because that guarantees you stay retired. A TDRL condition can be rerated at 0%. Most don't get their pension anyway since an VA compensation will offset your medical retirement pension amount.
Now to the main question. Why are you forced to choose? They can refer you to IDES with more than one condition. Just create a P3 profile for both conditions. My wife was referred for 2 conditions and at the NARSUM stage they added mental health too.
So should I wait on getting the P3 profile for mental health until I receive the P3 profile for my shoulder? I am just curious as I would like to maximize my chance of getting a 30% rating as I do not want to end up with 0% in 2 years. I am new to the whole process, so it is all somewhat scary.
Curious as to why they are making you pick one or the other.
Just remember, if you choose your shoulder, the minimum rating is 20% (minimum if you have pain with any movement).
To get 30%, your ROM must be limited to no more than 45 degrees (dominant arm) or no more than 25 degrees (non-dominant arm).
Just remember, if you choose your shoulder, the minimum rating is 20% (minimum if you have pain with any movement).
To get 30%, your ROM must be limited to no more than 45 degrees (dominant arm) or no more than 25 degrees (non-dominant arm).
I was told by my nurse case manager that only one issue can be sent to the MEB then the rerst could be added by the VA. I was not aware that I could go for two issues.
You definitely can, I was referred for 3 myself. It's better to be referred for as many things as you can
This is incorrect. They can give you a P3 for any condition they deem is potentially unfitting. Also, say you get P3 for shoulder you can request a FPEB at the end to add mental health as unfitting too. If you are going in knowing there should be other conditions added with P3 that weren't you need to take time to strength your case. A good example is for your commander to mention all conditions that affect your ability to work on the commander's impact statement. If they already did it you can request they update it. You want to appeal at each stage regarding that condition if not correct. For example if the NARSUM states shoulder unfitting but mental health is not you can appeal it via rebuttal stating your mental health prevents you from doing certain duties and list what you can't do.
Lastly, most Soldiers just sleep walk through the process and legal is there to help but its not proactive at all. In fact Jag often has the Soldier fill out the paperwork which is not ideal. I always strongly recommend hiring a dedicated private IDES attorney to represent you. Its the difference between getting a public defender and a top attorney in the field. That's why in criminal cases there is a huge disparity in sentencing between those who pay for a good attorney and the free one you get because you don't have the money to hire one. I'll send you some references in case you are interested. My wife hired one and it was by far the best decision of her military career!
Do NOT let them do this to you. I went in with 6 referred conditions. Do not depend on hope the VA may add things later. Ensure your future yourself.
Both, thank you. You are entitled to have all conditions considered. Talk to your service provided legal counsel. Ask them to claim all conditions with your nurse care manager.
Wildly incorrect. It can be as many issues as they can list that dont meet retention standards.