script async src="//pagead2.googlesyndication.com/pagead/js/adsbygoogle.js">

Going into MEDBOARD w/ 100% VA P&T

Xt500

Member
Registered Member
Okay apologies, my permanent and total is VA only. I just started the med board process, as in the PEBLO has all of my stuff.
 

Jayleigh

Well-Known Member
Registered Member
@Xt500 don’t worry. This is your ONE shot for the DOD to review ALL of your conditions. List everything.... EVERYTHING! The best thing about P&T is that you have your VA records already concluding that that particular condition won’t change. The best part about IDES is that the doctors can review your NARSUM for the VA ratings, so when you have your review C&P exams it’s taken into consideration.
 

heathro1281

Well-Known Member
PEB Forum Veteran
Registered Member
Okay apologies, my permanent and total is VA only. I just started the med board process, as in the PEBLO has all of my stuff.

You are previously rated 100% PT before you ever entered the MEB? You choose the IDES or LDES process?

As stated before, if you have a solid 100% P&T then LDES is usually the best option as the DoD just rates your MEB conditions as the VA rated them previously. If you go the IDES route then you can be re-evaluated and the DoD will assume those new ratings also.
 

heathro1281

Well-Known Member
PEB Forum Veteran
Registered Member
Its my understanding the LDES option kind of protects your 100% P&T as those ratings should be considered for the DoD without re-examination, this is the supposed benefit of skipping the weeks it takes to attend exams and the other weeks of waiting on ratings during IDES. I didn't go through LDES, so this is only my hearsay and recall of its description, I by no means am preaching gospel here.
 

mighty

PEB Forum Regular Member
Registered Member
Im in the same boat, 100 % P&T but I'm being told I can't choose between LDES/IDES. I have to request for a specific type of hardship it would cause. And current VA rating isn't a viable reason. Was referenced to some 2 plus year old MEDCOM memo stating such. Now I'm on suspense and have 3 days left. Feel like I have no where to get proper info. I do not want to go through a VA C&P when I'm T&P.. Please advise!!
 

SFC H

Well-Known Member
PEB Forum Veteran
Registered Member

The LDES wasn’t designed to protect percentages nor does it guarantee percentages. It was a DOD disability program for medical disability retirements. The VA was for health care and disability compensation. IDES was built in 2009 to combine the two programs as to make the process easier and quicker for the service member.

The attached link explains that under special circumstances only; ie basic trainees, would benefit from LDES.
 

mighty

PEB Forum Regular Member
Registered Member
Thanks for your reply. And yes I completely understand that. I’ve done my homework. But I have to be cautious and protect my P&T for my children. I don’t like dealing with big bureaucracy that can and do make mistakes. The OSC attorney tells me I can go IDES and not file a VA claim by not filling out a VA 21-0819 (va/dod joint claim). He said they will just evaluate for DOD purpose if I don’t file a VA claim. Is that true?
 

SFC H

Well-Known Member
PEB Forum Veteran
Registered Member
Yes, that’s what I did. I explained in our email conversation. The C&P exam will give the VA a more accurate up to date understanding to the severity of your PTSD even if your intent is NOT to file a claim with the VA. This opens the door for further review. The VA isn’t worried about P&T, if they find the severity of the disability doesn’t match the percentage of compensation they can alter the compensation.
 

Attachments

  • 173EEAD9-2314-4FEC-94E9-FF92DD8C9DE9.png
    173EEAD9-2314-4FEC-94E9-FF92DD8C9DE9.png
    426.9 KB · Views: 33

RonG

PEB Forum Regular Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Ref: "The VA isn’t worried about P&T, if they find the severity of the disability doesn’t match the percentage of compensation they can alter the compensation. "

Excellent point by @SFC H .

That fact is one that is often stated by experienced VA employees (veteran service representatives, VSRs, and rating veterans service representative, RVSRs) at another board I visit.
Those discussions usually begin with, "Why was my VA rating reduced?"

Ron
 

mighty

PEB Forum Regular Member
Registered Member
Yes, that’s what I did. I explained in our email conversation. The C&P exam will give the VA a more accurate up to date understanding to the severity of your PTSD even if your intent is NOT to file a claim with the VA. This opens the door for further review. The VA isn’t worried about P&T, if they find the severity of the disability doesn’t match the percentage of compensation they can alter the compensation.

Thanks again for your time guys. That seems to be the plain old VA regulation that has nothin to do with MEB specific Regs or situation. By this regulation I am exempt from future exams. (Para iii). Says so on all my documentation for award. and any VA paperwork from the VA i have. Clearly states i am not expected to ever improve and will not be rescheduled for reevaluations. Also everything else i read and hear pretty much states P&T is pretty much for life. I also know that nothing is truly and completely protected and the VA does have the right to reevaluate anyone they wish. But its a pretty safe bet that if i dont ask them to reevaluate me for this MEB and I continue with my treatment like I have been the last 3 years they arent just going to schedule me and say "you know what, we want to exam you when your P&T, havent shown material improvment, continue to struggle with daily life tasks, Take all of your meds, and attend all treatment just because we feel like it." Yes the VA reserves the right to change a P&T 100% but ive never heard it actually happening and must be likely fraud being the main reason theyd do it. Anyone who gets rated P&T has some serious problems that arent just going to go away overnight or with some med or magic treatment, thats why they dont look at or schedule you for any re exams being that. they gave you that P&T bc they deemed you not likely to ever recover. Trust me I've spent the lastr three years in continuous treatment, the majority of it inpatient (probably 2.5 out of 3 years) The rest intense outpatient. I am not going to get into details of personal treatment so ill leave it at that. I didnt ask for P&T, the VA felt like I met the requirements.

Now I’m so confused and concerned. I am permanent and total and won’t ever be rescheduled for a re-evaluation. But does this reg that SFC H linked still hold if i request the VA to examine me for IDES for the DOD ? Basically am I waving my arms in the air saying “hey VA, screw your reg and re-evaluate me anyway" Bc if that’s the case then I might as well just separate with the benefits I have already. Being P&T I have base and commissary privileges , health and dental, my kids have health (champus), my kids and myself have education benefits, I got $40,000 of federal student loan forgiven automatically as soon as I was awarded P&T, I’m not scheduled for re-exams and don't have to go through another sickening C&P. I’m protected and will continue to receive all those benefits plus my $3306/month. I mean a lot is on the table. I can’t just take the OSCs word that if I don’t make a VA claim during IDES, then the VA will not re rate you. All you have to do is refuse to sign the VA21-0819.

on the other hand me going through MEB isn’t going to get me more money bc my 100 is more monthly than my max retirement would be. I already have base privileges and health. So really the only thing on the table is Tricare and retired status and CRSC.

Now, I know my condition and I know my extensive current and past treatment and know very well that my disability still meets the requirements for 100. But if not much is on the table to gain why open myself up for a chance for the va to re rate me wrongfully and god forbid change it? Wouldn’t be smart. I just want to know that I’d still be protected under paragraph iii of referenced regulation by you SFC.

i just can’t believe that if I don’t file a va claim, and do not sign the VA 21-0819 that the VA will just rate me for DOD purposes like the OSC attorney is swearing will happen. I might believe it If the disability wasn’t the one on my MEB. but the specific disability that they would be examining me for the DOD is the very same one that is rated 100 P&T
 

SFC H

Well-Known Member
PEB Forum Veteran
Registered Member
The IDES was designed for exactly this situation. You have questions and have the expertise of a PEBLO, MSC and military lawyers.
 

SFC H

Well-Known Member
PEB Forum Veteran
Registered Member
So really the only thing on the table is Tricare and retired status and CRSC.

The total years of service for retirement were never mentioned, but CRDP, SBP and life insurance are benefits that are very noteworthy.

You will file a claim with the VA it’s just not for compensation purposes. My MSC had me sign a prepared Statement in Support of a Claim.

As stressful as it may seem, one can only study the process and trust the system
 

Attachments

  • 32A001C4-EAE5-4C2D-82B7-76150ED5E976.jpeg
    32A001C4-EAE5-4C2D-82B7-76150ED5E976.jpeg
    1.5 MB · Views: 39
Last edited:

RonG

PEB Forum Regular Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
Re: "Clearly states i am not expected to ever improve and will not be rescheduled for reevaluations. Also everything else i read and hear pretty much states P&T is pretty much for life. I also know that nothing is truly and completely protected and the VA does have the right to reevaluate anyone they wish. But its a pretty safe bet that if i dont ask them to reevaluate me for this MEB..."

I agree that you would not be rescheduled for reevaluations. In retrospect, the reduced ratings of which I have read might not have had the "permanent designator".

Here is a nice summary i found this morning:

Protected VA Disability Ratings
Congress has determined that under certain conditions it is not necessary for VA to expend resources to check on a veteran’s service-connected condition. As a result, some disability ratings can become “protected.” A protected disability rating is a VA disability rating that cannot be reduced or revoked by VA in the future. This is known as a “protected rating.” There are several types of protected ratings, including the following:

Stabilized Ratings: 5 Years or More

Any rating that has remained at the same level for five years or longer is considered “stabilized.” In addition to the general rating reduction rules that VA must follow (see above), VA must also show sustained improvement in your condition. This means two things: (1) VA cannot use just one re-examination to show “sustained” improvement. Rather it must show through medical records as well as a C&P re-examination that you are not just temporarily experiencing improvement; or (2) VA must show that evidence in your claims file predominantly demonstrates “sustained” improvement. In either case, VA must provide an explanation of why they are reasonably certain that your condition will continue to show sustained improvement.

100% Total Ratings
VA can reduce a total rating (i.e., 100% disability rating) only if there is material improvement in the veteran’s condition. In addition to the general rating reduction rules, VA must provide evidence that the veteran’s condition has improved such that there has been an observable change in their ability to function under the conditions of daily life.

VA Ratings at 10 Years
VA cannot sever service connection for Veterans who have been rated for that condition for 10 years or more. VA can reduce a Veteran’s rating, but not terminate benefits unless there is evidence of fraud.

Continuous Ratings: 20 Years or More
Service-connected conditions that have been rated at or above a certain disability rating level for 20 years or longer are considered “continuous.” VA cannot reduce a continuous rating below the original level (unless they determine the rating was based on fraud). For example, if a veteran’s service-connected depression was originally rated at 50% disabling and fluctuated between 50% and 70% over the next 20 years (without dipping below 50%), VA could not reduce the rating below 50%.

Permanent and Total Disability

If VA rates you as permanently and totally disabled, your disability rating should not be reduced. Permanent and Total Disability means your service-connected condition is 100 percent disabling with no chance of improving. As a result, VA will not schedule you for any further C&P examinations.

TDIU Ratings Are Not Always Permanent
It is important to note that the Total Disability Based on Individual Unemployability (TDIU) is not always permanent. For veterans that have been granted entitlement to TDIU, VA can only revoke TDIU status if “actual employability is established by clear and convincing evidence” (38 CFR § 3.343(c)). In other words, VA can only sever your TDIU status if you have been found to be capable of substantially gainful employment. It is important to note that in order for the employment to be substantially gainful, the veteran would have had to be employed for at least 12 consecutive months and earning over the federal poverty threshold.

Ron
 

SFC H

Well-Known Member
PEB Forum Veteran
Registered Member
Thanks again for your time guys. That seems to be the plain old VA regulation that has nothin to do with MEB specific Regs or situation. By this regulation I am exempt from future exams. (Para iii). Says so on all my documentation for award. and any VA paperwork from the VA i have. Clearly states i am not expected to ever improve and will not be rescheduled for reevaluations. Also everything else i read and hear pretty much states P&T is pretty much for life. I also know that nothing is truly and completely protected and the VA does have the right to reevaluate anyone they wish. But its a pretty safe bet that if i dont ask them to reevaluate me for this MEB and I continue with my treatment like I have been the last 3 years they arent just going to schedule me and say "you know what, we want to exam you when your P&T, havent shown material improvment, continue to struggle with daily life tasks, Take all of your meds, and attend all treatment just because we feel like it." Yes the VA reserves the right to change a P&T 100% but ive never heard it actually happening and must be likely fraud being the main reason theyd do it. Anyone who gets rated P&T has some serious problems that arent just going to go away overnight or with some med or magic treatment, thats why they dont look at or schedule you for any re exams being that. they gave you that P&T bc they deemed you not likely to ever recover. Trust me I've spent the lastr three years in continuous treatment, the majority of it inpatient (probably 2.5 out of 3 years) The rest intense outpatient. I am not going to get into details of personal treatment so ill leave it at that. I didnt ask for P&T, the VA felt like I met the requirements.

Now I’m so confused and concerned. I am permanent and total and won’t ever be rescheduled for a re-evaluation. But does this reg that SFC H linked still hold if i request the VA to examine me for IDES for the DOD ? Basically am I waving my arms in the air saying “hey VA, screw your reg and re-evaluate me anyway" Bc if that’s the case then I might as well just separate with the benefits I have already. Being P&T I have base and commissary privileges , health and dental, my kids have health (champus), my kids and myself have education benefits, I got $40,000 of federal student loan forgiven automatically as soon as I was awarded P&T, I’m not scheduled for re-exams and don't have to go through another sickening C&P. I’m protected and will continue to receive all those benefits plus my $3306/month. I mean a lot is on the table. I can’t just take the OSCs word that if I don’t make a VA claim during IDES, then the VA will not re rate you. All you have to do is refuse to sign the VA21-0819.

on the other hand me going through MEB isn’t going to get me more money bc my 100 is more monthly than my max retirement would be. I already have base privileges and health. So really the only thing on the table is Tricare and retired status and CRSC.

Now, I know my condition and I know my extensive current and past treatment and know very well that my disability still meets the requirements for 100. But if not much is on the table to gain why open myself up for a chance for the va to re rate me wrongfully and god forbid change it? Wouldn’t be smart. I just want to know that I’d still be protected under paragraph iii of referenced regulation by you SFC.

i just can’t believe that if I don’t file a va claim, and do not sign the VA 21-0819 that the VA will just rate me for DOD purposes like the OSC attorney is swearing will happen. I might believe it If the disability wasn’t the one on my MEB. but the specific disability that they would be examining me for the DOD is the very same one that is rated 100 P&T

I would like to add that all my conditions were STATIC before I went into my MEB, the only way I found this out was by obtaining my C-file. After my MSC recognized this he then recommended to not file for further compensation. It was said that after I received my DOD percentages and was on PDRL, I could push for a high VA rating.
 

mighty

PEB Forum Regular Member
Registered Member
Yes SFC H, I saw that in one of your posts. You’re VA rating was protected due to that , just like mine is for 100P&T. That’s why I was advised to not sign the VA 21-0819. To basically say I am not seeking any other VA compensation. Which the OSC attorney assured me will compel the VA to just rate my ptsd for DOD purposes. Your situation is very similar to mine. You had a rating for a condition that was listed on your MEB, you didn’t want to risk a reduction. You were protected for being static. You didn’t sign a 21-0819 thereby not filing a VA compensation claim. You only got rated for DOD due to that. I guess I just have to trust that I won’t be re rated on the VA side If I refuse to sign 21-0819. If it worked for you and the OSC says he’s worked 100s of cases that it worked for it must be true??? Ron, thank you. Yes I read that same page so many times the last few weeks. I know I am “protected”.
They say they created IDES for better transparency of VA and DOD process. But I feel like I can’t get a straight 100% answer. I wish there was clear language stating that a service member won’t be va rated unless they file a VA claim during the IDES process. The closest thing I could find to clear language regarding not being VA rated when refusing to sign 21-0819 is from woundedwarrioraf site. Thanks for that info on statement in support of claim SFC H!
 

Attachments

  • Screen Shot 2020-05-26 at 2.47.14 PM.png
    Screen Shot 2020-05-26 at 2.47.14 PM.png
    310.4 KB · Views: 37

187thINF

Well-Known Member
PEB Forum Veteran
Registered Member
Yes SFC H, I saw that in one of your posts. You’re VA rating was protected due to that , just like mine is for 100P&T. That’s why I was advised to not sign the VA 21-0819. To basically say I am not seeking any other VA compensation. Which the OSC attorney assured me will compel the VA to just rate my ptsd for DOD purposes. Your situation is very similar to mine. You had a rating for a condition that was listed on your MEB, you didn’t want to risk a reduction. You were protected for being static. You didn’t sign a 21-0819 thereby not filing a VA compensation claim. You only got rated for DOD due to that. I guess I just have to trust that I won’t be re rated on the VA side If I refuse to sign 21-0819. If it worked for you and the OSC says he’s worked 100s of cases that it worked for it must be true??? Ron, thank you. Yes I read that same page so many times the last few weeks. I know I am “protected”.
They say they created IDES for better transparency of VA and DOD process. But I feel like I can’t get a straight 100% answer. I wish there was clear language stating that a service member won’t be va rated unless they file a VA claim during the IDES process. The closest thing I could find to clear language regarding not being VA rated when refusing to sign 21-0819 is from woundedwarrioraf site. Thanks for that info on statement in support of claim SFC H!

Mighty; your post is definitely helpful for the group.

I'm currently 100 P&T; and will likely be referred to MEB soon; how are you doing in the process?

Its very stressing; but, if you could feel me in where you're at that will be great......

Thanks Brother!
 

187thINF

Well-Known Member
PEB Forum Veteran
Registered Member
Your welcome

SFC H: It looks like you're still active in this group; helping other fellow SMs.

I just recently got awarded with my 100 P&T since we last message; but, still remain in the Guard, I know, I'll get flag for my upcoming PHA for my rating; but it's all good as I've put in my time.

Good to see you here....
 

Euphrates Eagles

Well-Known Member
PEB Forum Veteran
Registered Member
Proposed VA rating while being ABCMR’d

I am now waiting for PEB to respond, I sent them DD3947 and NARSUM letter through PEBLO officer, the counselor informed me yesterday that PEB will send me a VA proposed rating but I told him that I already got my rating through the VA three years ago, can anyone shed light on this topic?
 
Top