PTSD DOD rating Help.

kr1390

Registered Member
Just wondering if anyone has experienced something similar and could give me some advise on what to do.

I went for a formal board in may to appeal a fit finding. PEB came back with UNFIT (what I wanted) for PTSD and sent to the VA for rating. VA gave me 50% for PTSD and DOD gave me zero?

A friend told me to appeal, but I've already gone through a formal board. Is there anything I can do at this point or should I just accept it and (finally) move on?
 

Warrior644

Staff Member
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PEB Forum Veteran
Registered Member
Just wondering if anyone has experienced something similar and could give me some advise on what to do.

I went for a formal board in may to appeal a fit finding. PEB came back with UNFIT (what I wanted) for PTSD and sent to the VA for rating. VA gave me 50% for PTSD and DOD gave me zero?

A friend told me to appeal, but I've already gone through a formal board. Is there anything I can do at this point or should I just accept it and (finally) move on?
Hmm, were you referred and accepted into the DoD IDES MEB/PEB process or into the DoD LDES process?

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 

Warrior644

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I am in DoD IDES
In accordance with Disability Evaluation System (DES) Manual: Integrated Disability Evaluation System (IDES), DoDM 1332.18-V2, August 5, 2014, it states...

APPENDIX 10 TO ENCLOSURE 4

IPEB AND FPEB PROCEDURES

1. GENERAL. The IPEB and FPEB determine a Service member’s fitness in accordance with Appendix 2 to Enclosure 3 of Reference (b), but do not assign disability ratings to conditions. The IPEB and FPEB support the IDES quality control review process in accordance with Enclosure 3 of Reference (b).

2. IPEB PROCEDURES. The IPEB members must:

a. Within 15 days of receiving the complete and correct MEB case file from the PEB administrator, adjudicate the Service member’s case and forward the findings and recommendations to the PEB administration staff.

b. Within 15 days of receiving proposed disability ratings from the D-RAS, apply the ratings using the diagnostic code(s) provided by the D-RAS to the Service member’s unfitting conditions and publish the disposition recommendation. For example, if the PEB identifies a condition to the D-RAS as schizophreniform disorder, but the D-RAS rates the condition as psychotic disorder not otherwise specified (VASRD 9210), then the PEB will apply the rating as “schizophreniform disorder rated as psychotic disorder not otherwise specified (VASRD 9210).”

c. Evaluate the Service member’s request for FPEB. If a Service member requests an FPEB when the decision of the IPEB is fit for all conditions, then the PEB President or FPEB (or as specified by Military Department regulations) may, but is not required to, grant the Service member’s request. If the request is granted, the PEB administrator prepares the case for an FPEB.

3. FPEB PROCEDURES. The FPEB members must:

a. Consider Service member rebuttals of issues pertaining to the fitness of conditions for service and the ratings assigned to unfitting conditions.

b. Render a recommendation within 30 days from the date the Service member elects to rebut the IPEB decision. The decision will be formally prepared by the PEB for the Service member.

c. Coordinate recommendations to change the status of conditions between fit and unfit with the D-RAS to ensure VA’s proposed rating accurately reflects the PEB’s final recommendation of unfitting conditions.

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Directive-Type Memorandum (DTM)-18-004 – “Revised Timeliness Goals for the Integrated Disability Evaluation System (IDES)” DTM-18-004, July 30, 2018 states...

b. PEB Phase. Complete the PEB phase in no more than 102 days starting on the date the MEB forwards the complete MEB case file and ending on the date the Military Department approves the final results of the disposition decision. The IDES stages within the PEB phase are:

(2) Proposed Ratings Stage. Complete the proposed disability ratings in no more than 20 days starting on the date the PEB forwards the service treatment record and the request for rating to the D-RAS and ending on the date the D-RAS sends the proposed rating to PEB administration.

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As established above, the FPEB is suppose to assigned a DoD rating equivalent to that provided by the DoVA D-RAS for your PTSD medical condition while in the DoD IDES process. Are there other factors not mentioned here? Exactly, what was the FPEB's rationale for awarding a DoD 0% rating? What are the comments from your assigned FPEB attorney also?

That all said and without additional details, it will be difficult to provide any type of sound insightful feedback in reference to your specific inquiry. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 

kr1390

Registered Member
Thank you for the information. I have not heard from my FBEP attorney yet, I tried to reach her today unsuccessfully.

As for rationale, what my PEBLO sent me says "see attached rationale" for the FPEB but there is no attached rationale.

I had two unfitting conditions, PTSD and a chronic eating disorder. I knew I would get zero for the eating disorder, but it seems like that is the only thing the DOD is rating me for. I have been diagnosed with PTSD from multiple providers (MD's) in the DOD and VA, and it is what my military providers referred me to the board for following a suicide attempt. I am doing my MEB/PEB remotely from my HOR due to availability of support (and for help caring for my child). I appreciate all your help as I do not have access to resources I would if I were still in Bethesda. I am just trying to figure out what my best course of action is, and as you mentioned, become well-informed.
 

Warrior644

Staff Member
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PEB Forum Veteran
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Thank you for the information. I have not heard from my FBEP attorney yet, I tried to reach her today unsuccessfully.

As for rationale, what my PEBLO sent me says "see attached rationale" for the FPEB but there is no attached rationale.

I had two unfitting conditions, PTSD and a chronic eating disorder. I knew I would get zero for the eating disorder, but it seems like that is the only thing the DOD is rating me for. I have been diagnosed with PTSD from multiple providers (MD's) in the DOD and VA, and it is what my military providers referred me to the board for following a suicide attempt. I am doing my MEB/PEB remotely from my HOR due to availability of support (and for help caring for my child). I appreciate all your help as I do not have access to resources I would if I were still in Bethesda. I am just trying to figure out what my best course of action is, and as you mentioned, become well-informed.
Indeed, you are quite welcome and I appreciate the follow-up details; it definitely helps in order to comprehend your specific situation.

Okay, well, it would seem that you will have to wait for receipt of the rationale documentation and/or successfully contact your assigned FPEB attorney at this point in time. With two PEB-referred "unfit for duty" medical conditions and based off of your comments, the combined DoD disability rating should be 50% for PTSD and chronic eating disorder. No worries, I shall continue to provide assistance as much as I can. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 

oddpedestrian

PEB Forum Veteran
Registered Member
Not only is it uncommon to come back fit for those issues but also the zero rating wonder if the doctors were inconsistent with your medical records as well as theories giving the DOD the loophole to try to get out of rating you.
 

kr1390

Registered Member
Not only is it uncommon to come back fit for those issues but also the zero rating wonder if the doctors were inconsistent with your medical records as well as theories giving the DOD the loophole to try to get out of rating you.
I had issues with the IPEB saying I stopped medical treatment which was incorrect. My care transitioned from a MTF to the VA and my PEBLO did not include my VA records when she sent my package to the PEB. It was a mess but was resolved at the FPEB, or so I thought.
 

kr1390

Registered Member
Just an update (and if anyone agrees/disagrees), I spoke with my attorney. The PEB found me unfit for chronic eating disorder only, and assigned PTSD as a secondary condition. She did not recommend appealing any further and instead said I should accept my findings.
 

Warrior644

Staff Member
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PEB Forum Veteran
Registered Member
Just an update (and if anyone agrees/disagrees), I spoke with my attorney. The PEB found me unfit for chronic eating disorder only, and assigned PTSD as a secondary condition. She did not recommend appealing any further and instead said I should accept my findings.
Indeed, it seems that your assigned FPEB attorney has a specific rationale with the current recommendation of accepting the FPEB findings at this particular point in time. As such, accepting the FPEB findings may be in your best interest for your specific situation at this point albeit it's ultimately your final decision to make.

That all said from my experienced opinion, I would highly suggest that you carefully consider all available information and your FPEB attorney's sound insightful advice in order to make a well-informed decision for you and your family's future. I am not a PDES attorney nor have insight to your entire IDES case file; therefore, I shall default to your FPEB attorney's official advice.

Nonetheless, I truly hope for a final resolution with your IDES case which is ultimately beneficial and satisfactory to you and your family's future best interests. Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
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oddpedestrian

PEB Forum Veteran
Registered Member
Its a tough one but I'm guessing the medical evidence for the CED was weak to go from fit to 0% unfit and she thinks that's the best deal for you.
 

stingerwooten

PEB Forum Regular Member
Might want to look into the following as well. In accordance with the Code of Federal Regulations (38 CFR § 4.129) states that:

"When a mental disorder that develops in service as the result of a stressful event is severe enough to bring about the veteran's release from active military service, the rating agency shall assign an evaluation of not less than 50% and schedule an examination within a six month period following the veteran's discharge to determine whether a change in evaluation is warranted".

Not sure if this will help your case or not..but I just thought you might want to be informed.
 
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