Referred conditions

ammotracker

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So I am being IRILO'd ( waiver submitted)for depression, chronic pain, and factor 5 lieden (blood clot disorder). All 3 are likely unwitting based on what I have been seeing. Before they make a determination will they go through all of my records and look for all DOD unfit items to rate before they send the records to VA for their ratings. I want to make sure if they only rate those three items for DOD that the rest will be included before I get my DOD rating.
 

Warrior644

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So I am being IRILO'd ( waiver submitted)for depression, chronic pain, and factor 5 lieden (blood clot disorder). All 3 are likely unwitting based on what I have been seeing. Before they make a determination will they go through all of my records and look for all DOD unfit items to rate before they send the records to VA for their ratings. I want to make sure if they only rate those three items for DOD that the rest will be included before I get my DOD rating.
Welcome to the PEB Forum! :)

Upon acceptance into the DoD IDES MEB/PEB process, during the MEB Phase is when all of your medical conditions are reviewed to determine which are "medically unacceptable" or "medically acceptable" conditions. The MTF will assign a PEBLO to develop the MEB case file for the MEB phase of the DoD IDES process.

In continuation of the DoD IDES MEB process, a Narrative Summary (NARSUM) is dictated after receipt of the DoVA C&P Examination results which outlines in detail all medically unacceptable and medically acceptable conditions.

If the MEB determines that medically unacceptable conditions exist, then the IDES case file is forward to the PEB for a fit for duty or unfit for duty determination. The MEB phase has an officially published DoD timeline of 100 calendar days for Active Component (AC) military personnel and 140 calendar days for Reserve Component (RC) military personnel.

If the PEB determines any unfit medical conditions, then the IDES case file is forward to the DoVA D-RAS for ratings of all PEB referred unfitting conditions (e.g., DoD disability rating(s)) and all DoVA claimed conditions. It's important to note that the DoD must adopt the DoVA D-RAS rating(s) for each PEB-referred unfitting condition(s).

In conclusion, the DoD officially published timeline for AC military personnel within the DoD IDES MEB/PEB process is 295 calendar days, and RC military personnel is 305 calendar days . But, actual DoD IDES completion timelines can vary significantly due to the current workloads for each military department's IDES case files. Take care!

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

Best Wishes!
 

Almost_Separated

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So I am being IRILO'd ( waiver submitted)for depression, chronic pain, and factor 5 lieden (blood clot disorder). All 3 are likely unwitting based on what I have been seeing. Before they make a determination will they go through all of my records and look for all DOD unfit items to rate before they send the records to VA for their ratings. I want to make sure if they only rate those three items for DOD that the rest will be included before I get my DOD rating.
The MEB is supposed to evaluate all of your conditions in order to weigh them as fitting or not, however, in most cases I read about they do a horrible job at this. In my case they evaluated all of my conditions and only referred 1 condition to the PEB as unfitting, so I had to appeal this decision which led to me getting my back added for the PEB to evaluate. I wouldn't stress about them being overzealous about adding things to the DOD side of the evaluation, this rarely happens without the service member appealing. But hey always plan for the worst case scenario so that way you aren't blindsided.
 

ammotracker

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The way I figure, if they find me unfit for one and go through the process, I will be able to drag it out by appealing for all of the rest of the u unfit conditions I feel I have.should buy me an extra month or two.
 

Warrior644

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The way I figure, if they find me unfit for one and go through the process, I will be able to drag it out by appealing for all of the rest of the u unfit conditions I feel I have.should buy me an extra month or two.
Indeed, it shall! As such, please invoke all of your DoD IDES appealing right opportunities; I had to when I was previously in the DoD IDES process. And, still doing so within the DoD LDES PEB process. Fight to the very end and take care!

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

Best Wishes!
 

ammotracker

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Registered Member
Yeah just want to reach my 20y, 13 months away not counting terminal or permissive. If I am already in the Meb process and it drags on past my 20y, will I be retired as a20 you sm or whatever the ides finds?
 

Warrior644

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Yeah just want to reach my 20y, 13 months away not counting terminal or permissive. If I am already in the Meb process and it drags on past my 20y, will I be retired as a20 you sm or whatever the ides finds?
Indeed, as long as you meet the requirements for a military disability retirement.

As such, once you are eligible for military disability benefits, the severity of your condition will determine whether you receive disability retirement or are separated with severance pay as follows:
  • Military personnel with a 0%, 10% or 20% disability who have less than 20 years of active service or 7,200 points of combined service, will be separated with severance pay
  • Military personnel rated at 30% or more, or who have 20 or more years of active military service or 7,200 points of combined service, receive a disability retirement
In retrospect, a military disability retirement is either temporary (TDRL) or permanent (PDRL) depending on the stability of your medical condition. And recall that DoD IDES procedures are not currently used for rating of TDRL cases, meaning the PEB will determine the disability ratings for all military personnel removed from the TDRL. Take care!

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

Best Wishes!
 

ammotracker

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So if they Meb me, find me dod40%, va 100% at 19y, what am I entitled to? Draw them both or is va offset by DOD?
 

gsfowler

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So if they Meb me, find me dod40%, va 100% at 19y, what am I entitled to? Draw them both or is va offset by DOD?
At 19y, and 40%, it is likley you would draw your VA C&P (about $3000) and a small percentage of your DoD (whatever is left over after the VA offset).

Your best bet is to drag this out to 20 years no matter what, then your will get 50% of your retired base pay and all of your VA C&P (as long as VA is over 50%).
 

Warrior644

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So if they Meb me, find me dod40%, va 100% at 19y, what am I entitled to? Draw them both or is va offset by DOD?
Unfortunately, you won't be entitled to DFAS CRDP compensation benefits with less than 20 years of active federal military service (e.g, you can't receive both military & VA compensation with 19 years of active military service).

That said, indeed, it's highly imperative that you reach the golden number of years factor of active duty military service for a military disability retirement with DFAS CRDP benefits. Take care!

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

Best Wishes!
 
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EricG123

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In a jam! and need some seasoned advice...so I put my faith in the process when my Navy/MC MEB referred 2 unfitting conditions to the PEB. Under direction by the PEBLO that "all conditions would be considered by the PEB and that those were just the referred conditions to get the ball moving" I did not rebut or ask for a 2nd clinical opinion. Afterall, they referred me to the PEB so why would I? Well...come to find out, despite my interpretation of the DES DoDI of 2014, the service departments are operating of outdated policy that only focuses on referred conditions. Long story short, the MTF confirmed a laundry list of unfitting conditions in Addendum to NARSUM before sent to the MEB. I think the MEB considered them all, but didn't "list them". And- the PEB is openly using outdated SECNAV standards in application to my case, not even considering all of the medical records. Isnt that the point of IDES?...To conduct a comprehensive evaluation and promote fairness and equitable relief across the services? Seems like I am on the path of getting cheated out of disability benefits will be shown the door after 14 years of service (because I was just deemed unqualified for retention for an SDA, while this process was going on...go figure.) Just seems the whole system is doing their own thing to the detriment of the service member. It scares me how many may have been harmed by this resistance to current law. Any help would be helpful. Currently have until Friday to Accept or Deny their informal findings. I am considering all options. It sounds like an institutional problem in play not just my own from the reading I have done on this forum. Has anyone else had this issue and overcome this injustice? What are my best ways ahead since I do not rate a formal board? Request for one of course, but in their likely denial...SecDef? Congress? Thanks- Eric
 

Sfabn327

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I have a situation which seems to align with this thread.
I was medically separated from the Army on 10APR2009, and looking back, I was extremely misinformed of the process. My packet was submitted with the supporting documentation for 17 conditions, and only 2 were rated on my DA form 199. These were the only conditions which were deemed "unfitting", and combined, were rated at 20%. I signed the paperwork thinking this was done correctly. I submitted the same list of conditions to the VA, and, 8 months after separation, received a combined rating of 80%. AR 635-40 section 4-25 states "a. Unfit because of physical disability. A member is unfit because of physical disability when he is unable to perform his duties of his office, grade, rank, or rating on such a manner as to reasonably fulfill the purpose of his employment on active duty." My Commanders Performance & Functional Statement, which was included in the packet submitted to the board, states "MOS requires SM to have no physical limitations." Now, I have received a letter stating that I can have my case reviewed by the PDBR. I have read that the PDBR only reviews the conditions which were listed on the DA form 199. My questions:
Even if they returned a 0% rating, shouldn't all conditions which were submitted have been listed in the proceedings?
Can I get the conditions which were not listed on this form added? BCMR?

Any help would be greatly appreciated.
 
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