IPEB said no 0 percent but VA says 70%

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Pittbull_16

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Registered Member
Hello,

I'm a reservist with 10 years of active service and 19.5 for total
My IPEB came back today will a with me with no disability rating for OSA and Type 2 diabetes.
The recommendation is to return to full duty.

I thought the military has to rate a person IAW with the VASRD. I'm I correct?

I read that I can get my retirement at 20 and I've read that I have to wait until 60 for any money
from the VA or the military.

I looking to the correct answer so that I can plan accordingly. If I will recieve a retirement at 20,
I will push for the FPEB to get a proper rating in line with the VA.

I also have High blood pressure that was diagnosed on AD along with a couple of other issues. The doctor didn't put these on an LOD.

I didn't find this site or AFI 36-2910 until after the LOD's were accomplished. So from what I read everything should be annotated on an LOD. Is it too late too to have the LOD's accomplished.

Thanks

PittBull
 
You can start receiving VA right now if you are not on AD orders, they will take some back based on the number of days worked as an M-Day. What were the reasons for your MEB?

As I have sleep apnea I am curious as to what kind you have, obstructive or central and what is your AHI?

Sleep apnea is a hard thing to get the military to put out out for, many have been found fit for duty.

Yes military must rate as per VASRD, but they still don't always do it.

If you get a normal M-Day retirement you must wait until 60 to get the money. If you get medically retired at over 30% you get money right now, if less than 30% you only get a severance check but then can not get retirement at 60.

I do think you can go back and have the LOD done if the doc and command will do them.

What I am not sure about is how you get all this before the PEB board.
 
Another point, it is a huge advantage to get to 20 years and length of service retirement eligible. Doing so will mean that you will be eligible for Concurrent Retirement and Disability Payment (you recieve military retirement and VA disability without offset). For reservists, the eligibility begins when you would otherwise be eligible for retirement pay (usually age 60). But, though this may be a ways off, it is still a good benefit. This is completely different from your eligibility to receive military disability retirement pay immediately if rated at 30% or above.
 
Sorry to hear that the IPEB said 0%. There is however a silver lining in that you live to fight this another day. in your case wait 6 months so you reach 20 years.
I just went through an MEB/PEB last fall for OSA, plantar fasciitis and patellofemoral syndrome. I was found fit for duty with a restrictive profile and sent back to the Reserves. I filed with the VA and got 50% for OSA and 10% for the others. Make sure you get LOD's on everything, they will come in handy. A month ago I went to my commander and said that I can no longer do my job and needed a statement referring me for a possible MEB. The first thing the MTF wanted was LOD's.
 
If you are on AD you cannot get VA money at the same time. If you are going back to the reserves, you can collect VA money as soon as you are off AD. Apply for Benefits at Discharge. It took them about 4 months for me. I also did something that I did not realise would benefit me. Before I left AD I went to the doctor and said that having OSA is affecting my married life in that I would have trouble sometimes. They gave me some Levitra which has worked great. I put ED on the VA claim form and they rated that as a special compensation of $91 per month.
 
To clarify, I am guessing they did not give you a zero percent rating as the title of your post suggests but rather found they found you fit and therefore no disability rating was received.

Yes they have to rate unfitting conditions per the VASRD but they can get around that by simply not calling your conditions unfitting.

If you had twenty years in I would say take it to a formal board. With only 19.5 there is some risk the formal baord can fnd you unfit and rate you below 30%. For example, they could find you unfit only for diabetes and rate it at 20%.

It is a tough call for sure. I think you really need to scrub the details and find out the true risks and benefits of taking your case to formal board.

Mike
 
PittBull,

Just wanted to let you know that the Army is supposed to rate you according to the VASRD. However they don't seem to know that. My husband is in the National Guard and has a 100% rating from the VA. His IPEB came back that he was Fit for Duty. He only has 10 years total in and so he is going on to the Formal PEB to try and get an unfit rating.

Good Luck
Sandra
 
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