Hello,
I was medically retired (TDRL) July 2016 from the Army after completing IDES and boards. The Army and VA rated my qualifying "unstable" condition at 70% for "major depressive disorder with anxiety disorder" (MEB Dx 1 & 2) (Army) / postraumatic stress disorder with major depressive disorder and alcohol use disorder (VA). My condition was deemed "combat related" and I applied for and receive CRSC. My combined disability rating at the VA was determined at 100%, though not P&T. I was reevaluated in 2017 and my 70% mental health rating was continued. I have not worked since retirement and have been a frequent consumer of VA mental health services and medications for my conditions, with no real improvement.
This January, the VA sent me a decision letter stating that my PTSD/Depression/Alcohol use disorder rating was maintained at 70 percent after a "special review" of my file. The latter also states that my condition is not subject to a future review examination (38 CFR 3.327). The letter also awarded me basic eligibility to Dependents' Educational Assistance and stated this is only awarded for P&T disability. A print of my VA benefits confirmation letter shows I am now 100% P&T as of 5 January, 2021.
Shortly afterwards, the Army Physical Disability Agency contacted me to inform me they are scheduling me for a "periodic examination". I assume this is because my 5 year TDRL limit will arrive July 2021. I have been assigned a PEBLO and we have been corresponding regarding the upcoming, but unscheduled, exam. I mentioned that the VA recently made a decision on my qualifying condition and sent them the letter, hoping it would satisfy their requirements and I would not have to endure another exam, and I provided a copy of the recent decision letter. The PEBLO informed me that the letter was inadequate as it was based upon a "records review" was not the result of an actual exam.
I am concerned that they are not accepting the VA continuation of my rating because there is an agenda to reduce ratings and retirement benefits paid. I simply don't trust the Army to have my interests at heart. I don't believe a 2 page questionnaire and 30 minute phone interview are sufficient for evaluating impacts from my mental health state. I am fearful of a loss of financial resources for my family in this time when my wife has been unemployed for months due to the pandemic. I realize that I have no choice but to cooperate but I am wondering the following:
1: My PEBLO says she is requesting my medical records from the VA since my last exam in 2017. Should I also get copies in case that gets screwed up?
2: Is it recommended to seek outside counsel at this time (pre-exam)? I am concerned about the quality of representation I may receive from the Office of Soldiers' Counsel (although my initial representation at retirement was good). I am also worried that if I wait for findings, it will be too late to mount a proper response.
3: If the Army reduces my rating to a lesser percentage, is it common for the VA to use this as reason to reduce their rating as well? I know that P&T ratings can still be modified.
4: If the Army reduces my rating to a lesser percentage, can that affect the amount of CRSC that I receive? I recall that CRSC amount was based upon my VA rating rather than the Army rating, but I am still concerned.
Thank you for your insights and assistance.
I was medically retired (TDRL) July 2016 from the Army after completing IDES and boards. The Army and VA rated my qualifying "unstable" condition at 70% for "major depressive disorder with anxiety disorder" (MEB Dx 1 & 2) (Army) / postraumatic stress disorder with major depressive disorder and alcohol use disorder (VA). My condition was deemed "combat related" and I applied for and receive CRSC. My combined disability rating at the VA was determined at 100%, though not P&T. I was reevaluated in 2017 and my 70% mental health rating was continued. I have not worked since retirement and have been a frequent consumer of VA mental health services and medications for my conditions, with no real improvement.
This January, the VA sent me a decision letter stating that my PTSD/Depression/Alcohol use disorder rating was maintained at 70 percent after a "special review" of my file. The latter also states that my condition is not subject to a future review examination (38 CFR 3.327). The letter also awarded me basic eligibility to Dependents' Educational Assistance and stated this is only awarded for P&T disability. A print of my VA benefits confirmation letter shows I am now 100% P&T as of 5 January, 2021.
Shortly afterwards, the Army Physical Disability Agency contacted me to inform me they are scheduling me for a "periodic examination". I assume this is because my 5 year TDRL limit will arrive July 2021. I have been assigned a PEBLO and we have been corresponding regarding the upcoming, but unscheduled, exam. I mentioned that the VA recently made a decision on my qualifying condition and sent them the letter, hoping it would satisfy their requirements and I would not have to endure another exam, and I provided a copy of the recent decision letter. The PEBLO informed me that the letter was inadequate as it was based upon a "records review" was not the result of an actual exam.
I am concerned that they are not accepting the VA continuation of my rating because there is an agenda to reduce ratings and retirement benefits paid. I simply don't trust the Army to have my interests at heart. I don't believe a 2 page questionnaire and 30 minute phone interview are sufficient for evaluating impacts from my mental health state. I am fearful of a loss of financial resources for my family in this time when my wife has been unemployed for months due to the pandemic. I realize that I have no choice but to cooperate but I am wondering the following:
1: My PEBLO says she is requesting my medical records from the VA since my last exam in 2017. Should I also get copies in case that gets screwed up?
2: Is it recommended to seek outside counsel at this time (pre-exam)? I am concerned about the quality of representation I may receive from the Office of Soldiers' Counsel (although my initial representation at retirement was good). I am also worried that if I wait for findings, it will be too late to mount a proper response.
3: If the Army reduces my rating to a lesser percentage, is it common for the VA to use this as reason to reduce their rating as well? I know that P&T ratings can still be modified.
4: If the Army reduces my rating to a lesser percentage, can that affect the amount of CRSC that I receive? I recall that CRSC amount was based upon my VA rating rather than the Army rating, but I am still concerned.
Thank you for your insights and assistance.
