Results are in...

Well, I got my 199 back from the PEB and got 30% DoD and 90% VA. Referred condition was migraines. I'm rather happy with the ratings overall. I was shooting for 50% for migraines. My MEB legal counsel said that I have a good case for a VARR, however, it may add up to 6 months to the process.

My thoughts: Based on my understanding, since I have well documented medical evidence - ER visits, a good migraine log, letters from supervisors stating that I am out at least a day of week from work - that I can easily get it bumped up after I get out BUT the key is to wait until I start receiving the VA pay. If I do it prior to that, it will just delay the receipt of VA disability pay.

What are y'all's thoughts on the matter?
 
My thoughts are, if you are in, recieving pay and allowances, and are not in a "hostile" environment, Do the VARR with supporting evidence, I do not know all of your ratings, but if that 20% increase would put you at 100%, or even just the 50% DoD mark the extra pay, allowances, and benefits far outweigh the much shorter struggle you will have with an expedited VARR vs a "new" claim once you are out. Logistically you are looking at (once out) 4-5 months for VA pay to kick in, in which time you will only be receiving your reduced DoD payments, then an additional year+ for the increased claim. As opposed to 9-12 weeks for the VARR if the evidence is sufficient. Additionally by allowing an injustice to pass at this point, you weaken a potential claim from federal courts should you take it that far.
 
I see your point.

I am really not in too much of a hostile work environment, unless you count TRADOC as hostile. I am under the impression, and others have told me, that it is better to wait to get out and that if I have them look at all of the evidence once out, it is not considered a "new" claim since I am already rated for the condition.

Also, like you said, I have to do the math to figure out if it will, in fact, bump me to 100%.

Looks like I have more research to do. As always, any help is greatly appreciated.
 
I just do not see how waiting until you get out benefits you, unless your in a hostile situation at work "stress wise" etc.
If you file for an increase, its a new claim-it may be a "fully developed" claim and be shorter (120-190 days vs 365 etc) but that is still in addition to the 3-4 months before your current va claim is finalized. Now if i was able to work and had a job making as much or more than my military pay etc. that may sway my opinion, but I cannot work so I am looking at it from that angle. in my world it is quit literately 100% and SSDI or bust.
 
Well, I got my 199 back from the PEB and got 30% DoD and 90% VA. Referred condition was migraines. I'm rather happy with the ratings overall. I was shooting for 50% for migraines. My MEB legal counsel said that I have a good case for a VARR, however, it may add up to 6 months to the process.

My thoughts: Based on my understanding, since I have well documented medical evidence - ER visits, a good migraine log, letters from supervisors stating that I am out at least a day of week from work - that I can easily get it bumped up after I get out BUT the key is to wait until I start receiving the VA pay. If I do it prior to that, it will just delay the receipt of VA disability pay.

What are y'all's thoughts on the matter?

Congratulations on the recent receipt of your IPEB findings inclusive of DoD and DoVA proposed ratings! :)

To that extent, did the IPEB findings include a DoD TDRL or a DoD PDRL adjudication; just curious?

Moreover, I would submit the VARR for a potential increase of the DoD proposed rating while still within the DoD IDES process albeit that's my "never default acceptance to potential injustice" stance on the situation. Take care!

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

Best Wishes!
 
I agree with Twitch. Do your due diligence while you are getting paid full salary. The grass isn't that green on the other side, and you can wait for it to grow a little more. I also think that if there is any combat involved in any of your VA rated conditions, that a higher retirement amount (also consider YOS), will yield you more in the end because of CRSC.

Joe
 
Well, gentlemen, you've given me some stuff to think about. To answer your question and to expand a little on my situation, I have just over 15 yrs TIS and was placed on TDRL. It would be hard at this point to prove combat related illnesses in any of my conditions (even though I went to Iraq as healthy as a horse and came out all broken).

My referred condition is migraines and I was rated at 30%. If you look at the schedule of ratings, the difference between 30% and 50% is "severe economic inadaptability." My PEBLO told me that becaus I was receiveing a paycheck from the DoD, it'd be hard to prove. Of course, I am getting "fired" from my job therefore the economic impact of the condition...a point which I argued. Again, my legal counsel in Lewis says that I have a strong case.
 
The difference between 90% and 100% on the VA side is about $1000 per month and you would also qualify for dependents educational assistance (at least $45000 per dependent at current rates).

I think your PEBLO is incorrect. Do the VARR, you have nothing to lose and quite a bit to gain.


Here is a thread from Jason regarding migraines http://www.pebforum.com/site/threads/insight-from-a-recent-peb-for-migraines.5266/

Are the migraines a residual of TBI?
 
I completely agree with everyone on this thread, you have nothing to lose but everything to gain. Doing a VARR while in the IDES will take months less than doing it when you officially become a veteran. The difference between 30% and 50% of your base pay is pretty big, especially if you don't have a job the day you separate or already working while on terminal leave. Besides, 3-4 months of all regular pay... If I were in the same situation, I would do it without too much of a thought.
 
Congratulations on the recent receipt of your IPEB findings inclusive of DoD and DoVA proposed ratings! :)

To that extent, did the IPEB findings include a DoD TDRL or a DoD PDRL adjudication; just curious?

Moreover, I would submit the VARR for a potential increase of the DoD proposed rating while still within the DoD IDES process albeit that's my "never default acceptance to potential injustice" stance on the situation. Take care!

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

Best Wishes!

Well, gentlemen, you've given me some stuff to think about. To answer your question and to expand a little on my situation, I have just over 15 yrs TIS and was placed on TDRL. It would be hard at this point to prove combat related illnesses in any of my conditions (even though I went to Iraq as healthy as a horse and came out all broken).

My referred condition is migraines and I was rated at 30%. If you look at the schedule of ratings, the difference between 30% and 50% is "severe economic inadaptability." My PEBLO told me that becaus I was receiveing a paycheck from the DoD, it'd be hard to prove. Of course, I am getting "fired" from my job therefore the economic impact of the condition...a point which I argued. Again, my legal counsel in Lewis says that I have a strong case.

In addition...

DoD IDES procedures are not currently used for rating of TDRL cases as such placement on the TDRL can be no longer than five years; meaning the PEB will determine the disability ratings for all Soldiers being removed from the TDRL.

Moreover, the new PEB findings will result in one of the following outcomes:
  • You will be found fit (and given the opportunity to return to military service if desired, unless you were pending nondisability separation when placed on the TDRL).
  • You will be separated with severance pay (if your rating is decreased to less than 30% and you do not have 20 years of service).
  • You will be permanently retired.
  • You will be retained on the TDRL and reevaluated again within 18 months.
Again, I would strongly suggest that you submit that VARR request now for a potential increase in DoD (Army) proposed rating to 50% in my opinion!

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

Best Wishes!
 
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30% TDRL for single condition is like setting yourself up if you don't do the VARR. On re-eval you have only 1 direction to go in their eyes. That means no retirement. At least either 50% they can get the satisfaction of lowering you yo 30% and you keep your retirement. That's how I see it.

You had to fight them just to get a MEB. Don't forget that, I'm sure they won't.

Your PEBLO is an idiot.
 
Well, I got my 199 back from the PEB and got 30% DoD and 90% VA. Referred condition was migraines. I'm rather happy with the ratings overall. I was shooting for 50% for migraines. My MEB legal counsel said that I have a good case for a VARR, however, it may add up to 6 months to the process.

My thoughts: Based on my understanding, since I have well documented medical evidence - ER visits, a good migraine log, letters from supervisors stating that I am out at least a day of week from work - that I can easily get it bumped up after I get out BUT the key is to wait until I start receiving the VA pay. If I do it prior to that, it will just delay the receipt of VA disability pay.

What are y'all's thoughts on the matter?

Crunch the numbers. Most folks will make more money by staying in longer (given base pay plus BAH). But you have to compare those numbers against what you will be paid by the VA. This is where the base pay figure matters (for Soldiers with lower base pay, the VA may well result in more monies, especially considering taxation issues; in those cases, it makes sense to leave military service sooner). If your base pay and BAH is high enough, it makes sense to stay in longer (absent other considerations). You also have to compare the calculations under various scenarios for what you might receive via VARR/VA appeals.

As for substance, I think you have suggested that you have a good basis for an increase in rating.
 
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