Prestabilization Rating

Bravehart,
Thought you might enjoy this as well. I contacted the PEB today to see if they received my package. The liaison informed me that I should contact her again next week because the coordinator here at the MTF who handled my re-eval doesn't tend to do her job.

Question.......if government employee #1 knows employee #2 isn't doing her job, and she's been in the position a long time, why do people just allow it to continue?

Sorry, just one of those days and want to burn everything down: dancing with the stars, duets, american idol, etc.
 
The case people are talking about is Sabo v US. There is a whole thread on this case on this site. The issue was apparent even before this case: http://www.pebforum.com/site/threads/army-times-article-on-rating-ptsd.2478/ . This was an issue that I argued about as soon as the 2008 NDAA was passed.

I have had clients placed on PDRL with more than a 50% rating since the passage of the 2008 NDAA (which clarified that the VASRD is to applied in all case; hence the application of 38 C.F.R. Section 4.129, the section that mandates a minimum temporary rating of 50%). However, it is exceedingly rare that this happens.

Another point to recall is that the medical term "stable" is not the issue here- it is the likelihood (in the Army's case as shown by clear and convincing evidence) that the condition will change (i.e., get better OR worse to make a difference for rating purposes).
 
Bravehart,
Thought you might enjoy this as well. I contacted the PEB today to see if they received my package. The liaison informed me that I should contact her again next week because the coordinator here at the MTF who handled my re-eval doesn't tend to do her job.

Question.......if government employee #1 knows employee #2 isn't doing her job, and she's been in the position a long time, why do people just allow it to continue?

I don't make jokes. I just watch the government and report the facts. Will Rogers http://www.brainyquote.com/quotes/quotes/w/willrogers100045.html

Sorry, just one of those days and want to burn everything down: dancing with the stars, duets, american idol, etc.

Diplomacy is the art of saying "Nice doggie" until you can find a rock. Will Rogers http://www.brainyquote.com/quotes/quotes/w/willrogers100063.html



Hey really..... The reason I was asking was because the JAG Officer I talk to today did have a PUBIC EDUCATION........... :rolleyes: ROFLOL
 
I stand behind his and my "public education." Did you find a JAG in your area or have to go outside? Did he have any thoughts on the 4.28? I think it's a great piece that Jumper found and I never saw it before. Hope it works out for people like yourself.
 
Has anyone heard if it went to PDRL after the 6 months are up for PTSD?
 
I have seen it happen many times. I have also seen many times where the member was separated with less than 30%. It all depends on the facts of the case. One issue to watch out for is that if the case is an IDES case, the VA should provide the final rating. This is a big issue, as I have seen the military try to finally adjudicate cases without getting a VA "final" rating. This is an attempt to do a "run around" of the IDES system.
 
Does it every change to PDRL for PTSD?
Yes; the finding has to be that the condition is stable (or the 5 year TDRL period will expire) and that it is rated at 30% or more.
 
I stand behind his and my "public education." Did you find a JAG in your area or have to go outside? Did he have any thoughts on the 4.28? I think it's a great piece that Jumper found and I never saw it before. Hope it works out for people like yourself.

I said "PUBIC EDUCATION"..............leaving out the "L" for humor.... boy this is a tough place to get a laugh :oops:
 
I stand behind his and my "public education." Did you find a JAG in your area or have to go outside? Did he have any thoughts on the 4.28? I think it's a great piece that Jumper found and I never saw it before. Hope it works out for people like yourself.

Did he have any thoughts on the 4.28? Yes he said that it doesn't matter ... stating "by law all mental health rating must be placed on TDLR" ... I just can't find THE LAW .
Which tells me that someone in charge at the PEB is interpeting the law as they see fit ... and I find that very disturbing... and why there was a class action suit. :eek:
 
Absolutely. If you're using a veteran advocate I'd recommend going through them to make the request. If doing it yourself, you can mail the request to the Regional Office - RO (certified). I've been waiting almost 3 years for my VA rating under the Legacy program, so if you can get this started now, you'll get a great head start. More people need to know about this--I'm going to try to apply retroactively since it was their mistake I was overlooked and missed.

Hey Jumper, I have not started the VA process yet... have done no C&P exams and don't have them scheduled yet. I am being seen by the VA for my neuropathy that the Army can't diagnose,
(Neuropathy of Unknown Edioligy: Not Found Unfitting). At my appointment yesterday they had me do a Brain Scan and the appointment changed from neuropathy to TBI and PTSD.
The Dr said he was having VA assign me a VA Patient Advocate and are more concerned my TBI and PTSD issues... (I didn't know if they were going to let me leave the building). Is this the Advocate
I should ask about assisting me in submiting an application for §4.28 Prestabilization rating from date of discharge from service. :confused: I am still on active duty but they know I'm being discharged in July.
 
OK, I think I got my issue figured out. I swear I'm so blonde sometimes.
Copy of check (checked already in system for electronic deposit) 05/31/2012 (discovered on e-benefits the other day)
I don't think they did anything. I think they looked at my files because of the Congressman and the blank check I had to give them back on 6 Dec 2011 fell out.
I'm going to ask the VA about the prestabilization rating thing on Tuesday. I already have a VA Patient Advocate and I figure that is the place to start.
Let me know if anyone has any new info on this.
 
So my VA appointment was fun. Nobody, including the social worker, know what the prestabilization rating thing is. The social worker stated it was the Benefits Delivery at Discharge and Quick Start Programs. I had called the VA 800 number and he didn't know either. I had the receptionist at primary care trying to play the one up game, she is on O2 and can't get SSDI. I didn't tell any of them they were full of anything and just walked away but they felt I was unreasonable. I was reminded numerous times how they were there to help ALL of us. I was reminded how lucky I was that I was still in one piece (thanks for the guilt trip), broken to bits but one piece.

I need to think how to approach this again because dealing with idiots is not fun. I think I've stated numerous times here how lucky I feel I am. I'm proud of my service (30+ yrs) and cared for many as they came through surgery in Iraq and Afghanistan. Thank God we have the VA to care for us and that warm fuzzy feeling they give.
 
So my VA appointment was fun. Nobody, including the social worker, know what the prestabilization rating thing is. The social worker stated it was the Benefits Delivery at Discharge and Quick Start Programs. I had called the VA 800 number and he didn't know either. I had the receptionist at primary care trying to play the one up game, she is on O2 and can't get SSDI. I didn't tell any of them they were full of anything and just walked away but they felt I was unreasonable. I was reminded numerous times how they were there to help ALL of us. I was reminded how lucky I was that I was still in one piece (thanks for the guilt trip), broken to bits but one piece.

I need to think how to approach this again because dealing with idiots is not fun. I think I've stated numerous times here how lucky I feel I am. I'm proud of my service (30+ yrs) and cared for many as they came through surgery in Iraq and Afghanistan. Thank God we have the VA to care for us and that warm fuzzy feeling they give.

I FOUND THIS ARTICLE

In another misdeed, the DOD has also failed to widely-advertise that Armed Forces Personnel including whom are pending medical discharge or release for severe injuries or disease or unhealed wounds incurred or aggravated while in service or on Active-duty from the National Guard or Reserves regardless of whether they had been in a combat zone or not are entitled to a PRESTABILIZATION RATINGSof 50%-100% service-connected disability compensation which in 2010 pays $770 to 2673 per month for a single Veterans for a minimum of 12-months. If Special Monthly Compensation (SMC) is required the monthly payment could be well-over $4,100 for a single-Veteran and over $8,000 for Veterans with Dependent Spouse, Children and Parents and which there are extremely severe injuries such as amputated arms and legs, paralysis, brain damage, etc. VA DISABILITY COMPENSATION RATE TABLES – http://www.vba.va.gov/bln/21/Rates/comp01.htm and SPECIAL MONTHLY COMPENSATION RATE TABLES – http://www.vba.va.gov/bln/21/Rates/comp02.htm
e-CFR Data is current as of April 22, 2010 – Title 38: Pensions, Bonuses, and Veterans’ Relief § 4.28 Prestabilization rating from date of discharge from service. Click on link to view. http://ecfr.gpoaccess.gov/cgi/t/tex...8&view=text&node=38:1.0.1.1.5.1.97.24&idno=38 requires that as long as a 100 percent total rating is not immediately assignable to the Veteran under the regular provisions of the schedule or on the basis of unemployability, that a Veteran be assigned a 100 percent Prestabilization Rating which may include Special Monthly Compensation if he or she suffers from an unstabilized condition that was incurred in Military Service resulting in “severe” disability that makes substantially gainful employment “not feasible or advisable.” Unstabilized conditions that may warrant such a rating includes but is not limited to diagnosis of disease, injury, or residuals from gunshot wounds or head injuries incurred while in combat or any other kind of active-duty.
This same Regulation also requires that as long as a rating of 50 percent or more is not immediately assignable to the Veteran under the regular provisions, that a Veteran be assigned a 50 percent or more Prestabilization Rating which may include Special Monthly Compensation if he or she suffers from unhealed or incompletely healed wounds or injuries that makes “material impairment” of employability likely.
Veterans should duly not that a Department of Veterans Affairs Examination is not required prior to assignment of Prestabilization Ratings, and that Prestabilization Ratings are assigned in the immediate post-discharge period, and will continue without reduction for a 12-month period following Military Discharge. Prestabilization Ratings may be changed to a “schedular” total rating or one authorizing a greater benefit at any time but not earlier than 6-months following separation or discharge.
Furthermore, if following examination in which reduction in evaluation is found to be warranted, the higher evaluation will be continued to the end of the 12th month following Separation or Discharge from Military Service pursuant to 38 CFR § 3.105(e).
For further details or assistance, contact any Veterans Service Organization Claims Representative located at your nearest VA Medical Center or VA Regional Office. Please note that you do not have to be a Member of a Veterans Service Organization to receive assistance or for them to represent you with your VA Claim. Terry Richards is a part-time Freelance Journalist specializing in Veterans Affairs. He is also a retired-disabled Vietnam Era Veteran, and an Independent Veterans Rights Advocate.

I know this will cause a lot of Questions, but I think everyone needs to know this, BRAVEHART :D
 
You know, it doesn't matter. The fact is they (VA) don't know their programs and therefore are unable to provide guidance or help. This has been a horrible week and nothing is going to help me now. I see the attorney tomorrow to file bankruptcy because 3 disasters had struck this week at about $10,000. The savings is gone and so am I.
 
I know this is really old, but did you ever apply for the prestabilization rate? If so, how did it turn out?
 
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