PEB Severance Question?

Hello,

I recently got my PEB findings and I was given a 0% rating from the Navy, I am at 70% from the VA. From my understanding, I should be able to keep my severance and my monthly VA compensation/benefits without any offset? My original MEB report has me listed as combat related injury and I believe the VA as me listed as combat related as well? Also, I believe I am CRSC qualified, could you please educate me if I am or not?
Thank You...
Doc
 
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FMFDoc said:
Hello,

I recently got my PEB findings and I was given a 0% rating from the Navy, I am at 70% from the VA. From my understanding, I should be able to keep my severance and my monthly VA compensation/benefits without any offset? My original MEB report has me listed as combat related injury and I believe the VA as me listed as combat related as well? Also, I believe I am CRSC qualified, could you please educate me if I am or not?
Thank You...
Doc
Click to expand...


Not sure how you got a VA rating while still "in" and before you got a PEB finding.

You can only have one compensation.

Without more info, I do not know if your CRSC qualified.
 
I was medically discharged from the Navy in Oct 2005, I was rated at 30% from the Navy and 70% from the VA. I did my final eval on TDRL last month and received my PEB findings a couple of days ago. I was rated at 0% so I will receive my severance. The research I've done, I found out that my severance pay from the Navy will not affect my VA compensation/benefits due to my condition is "Combat Related"... Another issue I have is that my original MEB report say's I am "Combat Related", but the PEB findings say that I am not? I spoke to the Navy liason who handles TDRL and he said that I need to contact the Board of Corrections of Naval Records to amend the error as not listing me as a "Combat Related" injury?

I should also mention that joined Navy in April '03, service time is 2yrs 3mo.

Thanks
 
Are you saying a condition currently rated at 70% by the VA is being rated at 0% by the Navy? Is the VA rating you for more conditions that what the Navy found unfitting? What is the current VA rating for your Navy unfitting condition? Are you submitting a PFR on your Navy FBEP findings? If not, why not?

The ability to keep your Navy severance w/o VA offset is driven by where the unfitting condition incurred, not whether or not it is combat related. If it incurred in a combat zone, regardless if is combat related or not, the VA should not offset the Navy severance. Not all combat related conditions were incurred in a combat zone, an important distinction.

Your PEBLO is giving you bad poop. You can appeal the combat related issue in a PFR of your FPEB findings. I believe the combat related determination should have been administratively final from the original PEB.

From DoDI 1332.38
E3.P6.2. TDRL Reevaluation
E3.P6.2.1. Administrative Finality. During TDRL reevaluation, previous determinations concerning application of any presumption established by this Instruction, line of duty, misconduct, proximate result, and whether a medical impairment was service-incurred or preexisting and aggravated shall be considered administratively final for those conditions for which the member was placed on the TDRL unless there is evidence of fraud; a change of diagnosis that warrants the application of accepted medical principles for a preexisting condition; or correction of error in favor of the member.


Mike
 
Your initial question about being rated 70% by the VA and the Navy at 0%, yes. Current VA rating is at 70%. I was previously rated at 30% by the Navy before me I received PEB findings notice. Your question regarding if I am being rated higher by the VA for other conditions that the Navy found unfitting, I do not know? I do not have my VA documents with me, my best recollection say's that I am only being rated for one condition by the VA. I do not know what a PFR is and have never heard of it until you brought it up? How does a PFR apply to me?

I was deployed to Iraq in the last 6 months of 2004 and beginning of 2005, I was in a combat zone. At this point I have not spoken to the PEBLO, I have spoken to a PEB counselor whom I am awaiting on information about amending my PEB to include me as "Combat Related" vet. The counselor told me that my severance is non-taxable if I have a "Combat Related" condition?

Thanks
 
First, non taxable and not offset by the VA are two different issues. Did your Navy unfitting condition begin in a combat zone? You need to absolutely confirm or deny if the PEB has determined if your condition incurred in a combat zone. That is a critical determination.

If your Navy unfitting condition, currently rated by the Navy at 0%, is rated by the VA at 30% or more, you should consider appealing. You need to get your hands on your VA documents and get a complete understanding of your VA status. You can call the VA as well for the information at 1-800-827-1000 or by filing an IRIS request on the VA website.

I somehow mistakenly thought you had a formal PEB but on further review of your posts, you never said that. If you have only had an informal PEB for your latest TDRL review, the next step is filing for a reconsideration of your informal PEB and asking for a formal board.

CRSC is only paid if you are eligible for retirement pay. Currently your are CRSC eligible as a member of the TDRL. You can file with the Navy for CRSC which would be retroactive to 2008 when CRSC was expanded to Chapter 61 retirees. Once your Navy 0% rating goes into effect, you will be separated, lose retirement status and no longer be eligible for CRSC.

Your choice is accepting disability separation or fighting for permanent disability retirement If the Navy is rating an unfitting condition at 0% that the VA is currently rating at 30% or more, I fear the Navy is pulling the wool over your eyes. Normally disability retirement is hands down the better option but eligibility for CRSC or severance that is not offset by VA compensation are critical consideration in the equation. Another big swinger in the decision is you and your family’s (and future family’s) need for TRICARE coverage. TRICARE health coverage is an extremely valuable benefit that will disappear if you are separated without disability retirement which is your current course with the Navy 0% rating.

You need to get a good education before you get blindly led by the Navy into a decision that will eliminate lifetime disability benefits. Step one is to nonconcur with your informal PEB and demand a formal board. This will preserve your right to a formal board but you can always change your mind and accept the informal findings up until the time your formal board actually starts.

If your request a formal board, you would have about two months before your formal board convenes. You can use that time to get smart on the process and determine the best course of action. You will also be assigned a Navy JAG officer to help advise you and represent you at the formal board. You can also have a paid or volunteered representative for the formal board as well.

A PFR is a Petition for Relief. You can file a PFR to challenge the formal board’s decision – an option you may have to execute after your formal board.

Again, I am awfully suspicious of your Navy’s 0% disability rating. Task one is to determine if that rating is appropriate. We at Pebforum are here to help you make an assessment of the legitimacy of your Navy 0% disability rating in light of a much higher rating from the VA. Both the Navy and the VA are required to rate conditions per the same standard, the VA’s Schedule for Rating Disabilities (VASRD), so the Navy and VA’s ratings for the same unfitting condition should be the same.


Mike
 
Sorry for the late reply, I have been busy trying to get more information! To answer your first question, not really sure how to answer that question? Can you elaborate on what criteria is needed to determine if my condition began in a combat zone? I would think being deployed to Iraq would be considered a combat zone? After speaking to several PEBLO's, one told me that my condition is not "Combat Related", so as of now, I will be appealing! I found my initial VA packet and it only lists me being rated for one condition and mentions nothing about being "Combat Related"? It just mentions me being service connected, I do not believe service connected and combat related mean the same thing?

Regarding CRSC, just to clarify, in order to receive it, I need to be receiving retirement pay? One of the PEBLO's told me that I needed to have a combat related condition? I don't know what this guy is talking about?

Correct me if I am wrong, but even if I am rated at 0% by the Navy, I will still keep my VA medical benefits? The packet I received from IPEB say's that my VA benefits will not be affected, only the offset will?

One last question I have to ask you, I will be appealing the boards decision, but I want to appeal the medical diagnosis. My last eval, the doctor mentioned to me that I may have been diagnosed for the wrong condition? Reading my medical notes, to me, the conditions I was experiencing at the time does not translate to the final diagnosis I was giving? Reason being, if it is true that my condition cannot be found being combat related by the PEB, appealing for the correct diagnosis will deem me "Combat Related".

Thank You
 
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