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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.
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.
So really the only thing on the table is Tricare and retired status and CRSC.
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
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!