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?
Proposed VA rating while being ABCMR’d
From a previous post.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
Excellent. See related article: What NOT to do <----LINKAlso 100% T&P can be overturned if not warranted. Anytime you seek compensation from the VA your file is subject to be reviewed.
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.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?
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?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.
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,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.
Correct, only the unfitting disabilities are DOD.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.
will be submitting the package next Tuesday, should i ask him this question?I don’t know how your PEBLO submitted your package, ask them what your asking. You will have a new VA rating for sure.
Fitting disabilities will not be added to the form (MEB is for unfitting disabilities)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.
Absolutely.he
will be submitting the package next Tuesday, should i ask him this question?
Yes, mine was written up on a Statement in support of Claim.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.
Fitting disabilities will not be added to the form (MEB is for unfitting disabilities)
Absolutely.
I hope that there will be a good lawyer who I can consult with on this matter. Unfortunately, I have not found anyone yet.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