PHA / LOD / MEB - need advice on how to proceed!

T

TortolliniShell

Well-Known Member
PEB Forum Veteran
Registered Member
Looking for some advice on the best way to go through the board process and not get booted with less than 30% DoD.

23 years of service and having issues trying keep up 'appearances' that 'everything is fine'. Getting tired of tap dancing during the PHAs to stay in.

I currently don't have a P3 or a profile. I have a number of what I believe are unfitting conditions (per AR 40-501) that are all service connected (treated / diagnosed during active duty at a MTF) and already rated by the VA. Do I need to hound my civilian doctors for a profile, ride that for a year or more or do I go to my annual PHA, be 100% honest, request to be put on the MEB and drop medical records? Anyone have luck telling LHI contract doctor to recommend them to the board during a PHA? Any suggestions on the best way to proceed would be amazing.

---Background----
23 years Army Reserves, an O-5 w/ my 20 year letter, 1 combat deployment, 1 title 10 deployment.

---VA %----
currently 80% (with a number of other claims pending - well over 100% in the upcoming months)

---Retirement status---
2,423 points / 6.7 yrs AD service / 36 avg is $10,384.00

---Unfitting conditions?---
  • Bilateral Compartment Syndrome (post surgery) but re-diagnosed [10% per leg]
  • Bilateral Venous Insufficiency (legs swell up daily and have to be pumped) [20% per leg]
  • Plantar Fasciitis / Pes Planus [30%]
  • IBS/ Gerd [30%]
  • PTSD (combat) [70%]
  • Sleep Apnea [50%]
  • Low back Degenerative Disc/ Chronic Back Pain [pending rating]
  • Scoliosis (24 and 23 degree curves) [pending rating]
  • Bilateral Sciatica [pending rating]
  • Fractured Humerus (Dominant hand) w/ Torn (50%+ rotator cuff) (Dominant hand) [pending rating]
  • Migraines with Aura [pending rating]
  • TMJ / TMD (surgery pending 2023) [pending rating]
 
Be honest on your next PHA. However, if you don't have a LOD most likely you would be referred via non duty related IDES so a medical retirement or separation with severance isn't an option in that scenario. You may want to consider applying for your non regular retirement and using CHAMPVA for healthcare in the meantime for you and your family. Then when you apply and receive your non regular retirement you can get your pension and VA disability via CRDP + Tricare.

You could also have a private doctor sign off on a filled out profile packet. Send that up and if the profile is too restrictive they may immediately initiate a MEB. If not, your commander can send you to a fit for duty exam if he/she suspects that your condition won't improve and hinders you from performing your job.
 
Provis said:
Be honest on your next PHA. However, if you don't have a LOD most likely you would be referred via non duty related IDES so a medical retirement or separation with severance isn't an option in that scenario. You may want to consider applying for your non regular retirement and using CHAMPVA for healthcare in the meantime for you and your family. Then when you apply and receive your non regular retirement you can get your pension and VA disability via CRDP + Tricare.

You could also have a private doctor sign off on a filled out profile packet. Send that up and if the profile is too restrictive they may immediately initiate a MEB. If not, your commander can send you to a fit for duty exam if he/she suspects that your condition won't improve and hinders you from performing your job.
Click to expand...
Thanks for the quick reply! I forgot to add some things on my previous post.

a. Injuries - The injuries listed above were incurred in line of duty and everything is in my Soldier Treatment Records. For the items already rated by the VA, I was on typical 9 month combat tour and was treated at the base hospital. Also, I just came off the title 10 MOB (30+ day orders) and everything that's above and listed as 'pending' the VA was treated at a MTF and is also in my Soldier Treatment Record. So, thankfully, I'm not required an LOD. I've been reading the forums here and it's heartbreaking how hard it is to get those completed.

b. IDES/ Legacy? I'm thinking I should request to go through the Legacy system as I will most likely be rated 100% VA and I don't want to open myself up to being lowered on the VA side.

Again, any advice you can provide would be great. I just don't want to bumble through this process and end up "messing" it up for myself. I have the ABSOLUTE worst luck imaginable. The paperwork gods hate me as well.
 
I can only talk to my experience and give you my opinion. (I am a 30+ years total (active + reserve), 15ish active duty years, 6700+ points. See below for for my timeline) I would recommend that you push this as far as your stamina will allow. This will most likely be a very long process for you. Since originally receiving my P3 profile, I am over 2 years total.
Initial (Informal)PEB (Dec 2021 - IPEB) stated that it was Not in Line of Duty. Even received a NDR/IDRM letter from Reserves.
Requested a formal board. Formal Board was scheduled for Oct 2022.
In July 2022, was notified that PEB has now determined that it is now In Line of Duty.
Process has now started over (to some degree). Was just recently contacted by my PEBLO to start the IDES process.
I have been told that since all my medical evaluations are less than one year old (most are only 3-4 months) that the process should go quickly. We will see.

1996 Injury (back) while on active duty (Seen multiple times over next 5 years due to injury not resolving)
2000 Exited active duty and entered reserves (Still being seen for lingering injury)
2014 Entered MEB process for Back pain - Fought to stay in, received LOD (the LOD was approved in line of duty) for the prior injury (back) from when I was on active duty
2016 Approved to remain in reserves - VA 10% (Back)
(Profile still stated P3 - Nondeployable)
2020 Profile "disappeared" from system
2021 02 Request for updated profile
2021 07 Received P3 profile
2021 11 Received Notice of Medical Disqualification
2021 12 Received notice PEB disqualification referred for Non-Duty (PEB ignored previous LOD from 2014 and instead issued a IDRM stating that is was not in line of duty)
2022 01 Requested FORMAL BOARD - Formal Board was scheduled for OCTOBER 2022.
Started getting updated VA evaluations. Appointments scheduled/conducted.
2022 07 Received VA determinations (60% VA - 40% back, 10% each leg for radiculopathy (Sciatica), 10% Tinnitus)
2022 08 Notified that PEB determined that it is ILOD. (Yeah, 2.5 months earlier than the actual Formal Board date) Was told PEBLO will contact in 2-8 weeks.
2022 08 Appealed radiculopathy due to language that both VA doctors used that indicated that it should be MODERATE (20%) not MILD (10%)
2022 09 VA appeal returned in my favor. New determination. (70% VA - 40% back, 20% each leg for radiculopathy (Sciatica), 10% Tinnitus)
2022 09 22 PEBLO Assigned - Initial Briefing(s) Conducted
 
You must log in or register to reply here.
Top