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Going into MEDBOARD w/ 100% VA P&T

SFC H

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Proposed VA rating while being ABCMR’d

Good morning,
I am not familiar with “ABCMR” but after reading through some of your past posts, can I infer that ABCMR is what your saying is an LDES type board?
 

Euphrates Eagles

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Mission Statement​

The Army Board for Correction of Military Records (ABCMR) is the highest level of administrative review within the Department of the Army with the mission to correct errors in or remove injustices from Army military records.
 

SFC H

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the LEGACY DES process (LDES) and the Integrated DES (IDES),


An ABCMR is done through the LEGACY DES process (LDES) not the Integrated DES (IDES) ONLY include the conditions that did not meet retention standards at the time of your separation from service?


does this make sense?
I need someone explaining to me the difference between LDES and IDES, and is there any specific regulations for those mentioned processing methods in terms of what must be included in each case when submitting the documents
From a previous post.

Im not following your question.
ABCMR is a board for records correction, LDES and IDES are retirement systems.

I haven‘t had time to read your previous posts to understand your retirement process, sorry.

Wouldn‘t you want to wait on the record correction to happen?

Your PEBLO should have already known your VA disability rating. And explained and provided the mandatory briefs on LDES and IDES, (MEB has a checklist that must be followed and SM signs at every step). Having a T&P or static rating prior would make a world of different options available. The MSC can offer suggestions as well.
 

Euphrates Eagles

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I was discharged from the service in 2017, and was granted a rate of 100 P & T, and I was supposed to be medically discharged, but as you know, administrative corruption in the military hospitals and the injustice that usually occurs led to dismissal without being subject to MEB, and at that time I applied to ABCMR to correct this error, and I waited for Three years. Ultimately, Thanks to God, I received a response from ABCMR that my case was approved and PEBLO was assigned to me, and now after i sent the PEBLO my NARSUM letter with the signed form DA3947, it was submitted to PEB,

I sent an email to the counselor and explained to him what happened, he replied to me saying that the PEB will send me a Proposed VA Rating , And I responded to him that I have received a VA rating 3 years ago, and he asked me for a rating percentage so I sent him that, and he told me that PEB will send me a new rating, I told him this is not logical because I already got the rating three years ago, he did not respond to me yet , this communication with my counselor happened the last week
 

Euphrates Eagles

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What do you mean by “Having a T&P or static rating prior would make a world of different options available” ?
can you please elaborate more?
 

SFC H

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And your VA records reflect 100% T&P? And you have been getting disability compensation @ 100 T&P since 2017?

I would not seek further compensation from the VA, not even SMC until after your medically retired. The ratings from the new C&P exams issued from the most current MEB could be used for only DOD ratings if your not seeking further compensation from the VA. Your PEBLO would have you sign a statement stating this prior to the beginning of the claim.
 

SFC H

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Also 100% T&P can be overturned if not warranted. Anytime you seek compensation from the VA your file is subject to be reviewed.
 

SFC H

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What do you mean by “Having a T&P or static rating prior would make a world of different options available” ?
can you please elaborate more?
In either of the two disability systems, LDES or IDES, you CAN claim NOT to seek VA compensation and keep your VA %. However you will still receive a C&P for all claimed disabilities. But the new exam rating for your already compensated disability could result in a higher or lower rating.
 

SFC H

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My rating prior to MEB for my PTSD was 70% VA, I elected not to seek further compensation from the VA, at the advice of my PEBLO and MSC. I had the exam for the PTSD during my MEB and the new % was 50%, which the DOD granted. Had I not denied further compensation from the VA, my VA disability compensation would have decreased.

I had my reasons for not fighting this fight because I also had to meet a deadline to qualify for my federal disability 60/40 retirement.
 

Euphrates Eagles

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And your VA records reflect 100% T&P? And you have been getting disability compensation @ 100 T&P since 2017?

I would not seek further compensation from the VA, not even SMC until after your medically retired. The ratings from the new C&P exams issued from the most current MEB could be used for only DOD ratings if your not seeking further compensation from the VA. Your PEBLO would have you sign a statement stating this prior to the beginning of the claim.
Yes, VA reflects 100% p&t since 2017, but i was not asking further VA compensation, my counselor told me that i would have a new VA rating, can i reject any VA further compensating ? should i email my PEBLO and ask him not to do that?
 

Euphrates Eagles

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My rating prior to MEB for my PTSD was 70% VA, I elected not to seek further compensation from the VA, at the advice of my PEBLO and MSC. I had the exam for the PTSD during my MEB and the new % was 50%, which the DOD granted. Had I not denied further compensation from the VA, my VA disability compensation would have decreased.

I had my reasons for not fighting this fight because I also had to meet a deadline to qualify for my federal disability 60/40 retirement.
Also, the only MEB unfitting conditions are going to be used for PEB process since i'm going with LDES, (Migraine and back condition), the other two conditions were mentioned in DD3947 only for completeness purposes, so its total 4 conditions, TWO UNFITTING and TWO Fitting it says (VA ONLY) for the FITTING conditions, that's all i have on DD3947,
i have requested to add the rest of the diagnosis in DD3947 but my PEBLO said LDES will not cover any unfitting conditions so we can not list them on this form. the only conditions are supposed to be listed in this form are the ones you're getting MEB'ed for.
 

SFC H

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I don’t know how your PEBLO submitted your package, ask them what your asking. You will have a new VA rating for sure.
 

SFC H

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Also, the only MEB unfitting conditions are going to be used for PEB process since i'm going with LDES, (Migraine and back condition), the other two conditions were mentioned in DD3947 only for completeness purposes, so its total 4 conditions, TWO UNFITTING and TWO Fitting it says (VA ONLY) for the FITTING conditions, that's all i have on DD3947,
i have requested to add the rest of the diagnosis in DD3947 but my PEBLO said LDES will not cover any unfitting conditions so we can not list them on this form. the only conditions are supposed to be listed in this form are the ones you're getting MEB'ed for.
Correct, only the unfitting disabilities are DOD.
 

Euphrates Eagles

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Can I tell him that I am not asking for any compensation from the VA When submitting the package? is there any formal way to ask this question?
 

SFC H

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i have requested to add the rest of the diagnosis in DD3947 but my PEBLO said LDES will not cover any unfitting conditions so we can not list them on this form. the only conditions are supposed to be listed in this form are the ones you're getting MEB'ed for.
Fitting disabilities will not be added to the form (MEB is for unfitting disabilities)

he

will be submitting the package next Tuesday, should i ask him this question?
Absolutely.

I think a lawyer should have taken this case as soon as the ABCMR overturned the findings and you might have been retired in 2017 w/ back pay
 

SFC H

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Can I tell him that I am not asking for any compensation from the VA When submitting the package? is there any formal way to ask this question?
Yes, mine was written up on a Statement in support of Claim.

Click my avatar an then click my messages. You can find good information that I have posted.
 

Euphrates Eagles

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Yes, mine was written up on a Statement in support of Claim.

Click my avatar an then click my messages. You can find good information that I have posted.

You mean I can simply say to my PEBLO : I declined to file a VA claim as part of the IDES process.
I 'm requesting that you include this in the Statement in Support of Claim before submitting it to PEB?
do you think this is enough?
 

Euphrates Eagles

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Fitting disabilities will not be added to the form (MEB is for unfitting disabilities)


Absolutely.

Fitting disabilities will not be added to the form (MEB is for unfitting disabilities)


Absolutely.

I think a lawyer should have taken this case as soon as the ABCMR overturned the findings and you might have been retired in 2017 w/ back pay
I hope that there will be a good lawyer who I can consult with on this matter. Unfortunately, I have not found anyone yet.
 
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