New Forum on 2012 NDAA

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#1
Since there are many important developments as a result of the 2012 NDAA, I have decided to set up a new forum for discussion.
 

John Bittner

PEB Forum Veteran
#2
Jason,
Am I correct in assuming that this new directive impies or states that the VA C&P's will not be questioned in diagnosing conditions that will be deemed unfitting by a military branch for continued service?

IDES medical examinations will include a general medical examination and any other applicable medical examinations performed to Department of Veterans Affairs (VA) compensation and pension (C&P) standards. Collectively, the examinations will be sufficient to assess the member’s referred and claimed condition(s) and assist VA in ratings determinations and assist military departments with unfit determinations.
Memorandum for Record: Directive-Type Memorandum (DTM) 11-015 – Integrated Disability Evaluation System (IDES)
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#3
This is a separate issue than the 2012 NDAA....you are referencing the DTM. That said, I think this is a real issue, however, I don't think what you wrote is the result (at least not on its face). In the Army, there is a specific policy that says they can issue a memo of "diagnostic variance." I am not sure that this practice will withstand legal scrutiny (i.e., if it is challenged, it may not stand). I don't read the quoted language as impacting on this though (I think there are other theories that can be used to challenge the "diagnostic variance" including, rejecting examinations inadequate for rating purposes and application of evidentiary standards.
 

helgarebounder

Registered Member
#5
Hello,
This is my first post on here, but I have been reading threads on this site for awhile. I'm hoping someone can answer this question for me. My husband is 100% total and perm. and considered housebound from the VA. He just found out yesterday that he is
being put on the TDRL for PTSD and they rated him at 100% for that. He was active duty Army from 07/2002-12/29/2006, and has been in the Guard since getting out of active, until present. So around 11.5 years total. I am not too thrilled at the whole CRSC program, so when I read about the NDAA of 2012 I was a little more optimistic. Am I reading correctly that because of this law being passed, he will be able to receive all of his VA money and all of his retirement money? His PEBLO didn't seem to know anything about it. I would greatly appreciate any info that any of you might have. Thanks!
 

mike9586

PEB Forum Regular Member
#6
This will really sound confusing but his for the Military side and CRSC counts his time in service and his acitive duty time different. Since he was in the Guard / Reserves. My time in service was 19 years 7months; my Acitve duty service time is 5 years 6 months, which is calculated by active duty points on his RPAS (reserve point statement).
Okay with that in mind my understanding and what they have done to me is use my 5 yrs for calculating my CRSP. In that case my Military retirement or TDRL was less than my VA compensation and not offset therefore I got Zero $0.0. I am coming off TDRL and going to PDRL (I think waiting on orders) and still will not receive anything. I have went round and round with the CRSC people and finally gave up.
 
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