Results in from Pilot Program MEB/PEB... TDRL

PARATROOPER

PARATROOPER

PEB Forum Regular Member
PEB Forum Veteran
Finally after 11 months worth of a MEB in the stream lined Pilot Program :p I received my results.

I have been placed on TDRL and rated @ 60% by the PEB.

I was also rated @ 80% by the VA through the Pilot Program.


It has been a very long road filled with lots of misleading doctors and people supposedly out to help but in the end it has been worth all the frustration and time. I had a lot of help from people sharing their experiences here and people pointing me towards good info. I wont go into my story and struggles to much here as I have posted it quite a bit over the months here on the forums so just give me a search if your interested in further explanation.

DOD rating combined 60% taken from the following unfitting conditions:

PTSD - 50%
Lumbar Disc Degeneration - 10%

10A/C is awarded for PTSD and back injury which are a direct result of armed conflict.


VA rating combined 80% taken from the following conditions:

Adjustment Disorder (PEB referred as PTSD) - 50%
Migraine headaches - 30%
Degenerative Disc Disease, Lumbar Spine (PEB referred as Lumbar Disc Degeneration) - 10%
Residuals of left foot stress fracture - 10%
Tinnitus - 10%

All conditions that were rated have been found to be combat related and are documented as such on my paperwork.


I was told by the VA rep that I was getting my paperwork from that I have all the signs and symptoms of TBI as well but he didn't catch it until he was reviewing my file and talking to me after I had already signed off on my rating decision. So I am told he will help me file a claim for TBI before I leave so I can get tested for it at the VA hospital when I get back home. I am just waiting on my orders so I can start clearing and get out of here now.

Now I am just waiting on the paperwork I need to file for CRSC, My PEBLO told me that I completely qualify for CRSC and that I should have no issues being approved for it. I asked how much I can expect to receive from CRSC and I was told that I should receive 100% of my retirement pay through CRSC. Does this sound correct to you guys? :confused: I am a SPC with 4 years TIS and it was estimated that my retired pay would be around $1,100.00 / month. My VA compensation will be $1,634.00 / month. Could someone please chime in on this for me? I have read everything I can find on CRSC but it seems to be impossible to figure out how much I will receive because their equation only tells me how much my retired pay based on YOS would be not how to figure my CRSC benefit amount.
 
Any reason why the PEB did not consider your migraines unfitting? Do you agree/disagree with the migraine determination by the PEB.

Your CRSC will be limited to the amount of retirement earned by your length of service. With only four years (2.5% x 4 = 10%) it will not be any where near the total disability retirement. If a 60% rating = $1,100 in disability retirement, then the 10% for CRSC would be around $183. Could be less if you become a victim of the CRSC glitch.

Mike
 
I was told that my migraines were not unfitting by the C&P , NARSUM doctor, and my PEBLO so I just went with it. I have about 2-3 per month, see a nuerologist, have had MRIs/ CTs, take maxalt, and leave work about twice a month due to them. This I was told is still fit for duty. I got 30% form the VA which I am told by my PEBLO is not an easy task from ft. Sam. Hopefully if I am found to have TBI I will keep this separate migraine rating as well. Because TBI or not the migraines are not a bit of fun and unbearable when they set in.

I just found that calculator and came up with the same CRSC amount. It's almost hilarious that we can be blatently screwed by the DOD and some how they don't even have to hide robbing us of our retirement pay and just letting the VA pay us a mesely little check that even at 80% isn't enough to support a family. I asked about filling for IU because there is absolutely no way I can work, and the VA rep told me that if I deserved it because I couldnt work they would have already given it to me. At this point I told him, you are wrong you have to apply for it, then he said yeah I know but you know that means you cant work. Then he went on this big rant about how I was able to work and that if I got caught I would lose my benefits and they will be checking my SSN for employment. I had to leave before I cut this guys throat. This whole system makes me sick. Long story short he gave me ZERO information on how to apply for Individual unemployable.

I wrote my congressman about CRSC since he signed off on the bill. Who knows if I will hear anything back or not.
 
just got my appointment set up with trans, they called me and said my orders are in and now I just have to go set up a date to start my terminal and get my retirement briefs taken care of. Hopefully I wont have a lot of trouble with Social Security once I get out, my uncle is a rep that helps people file their SS claims and he says sometimes its 5 months sometimes its a couple years, so hopefully i'll catch a lucky break for once in this process. With the VA rep pretty much refusing to give me any help on filing for IU even though I qualify for it and me not being able to work it seems SS has become priority one. I thought that getting 80% from the va would give me enough to support my family but it's pretty hard to do so on $1,634 a month and the big CRSC possibility of $183.00 isn't exactly pushing my disability pay up to par with the cost of living.
 
With 50% of your disability retirement coming from PTSD, you are highly vulnerable to being separated w/o retirement off the TDRL. See my first two DES Outrages of the Week on the home page as they touch on your PTSD and migraine issues. If I were you, I would consider fighting the migraine and TBI issues while still on active duty or at least immediately after leaving active duty via the BCMR. You need to keep up on how PTSD is rated so that you don't get thrown overboard on your first TDRL review with a bogus rating.

Mike
 
Mike,

That would only apply to the DES (in this case CRSC portion) of his compensation.....they would not touch his VA ratings(and compensation), correct? I'm not saying it is not totally shameful and outrageous, but want to keep it in context. VA is comp is not adjusted by TDRL re-exams, correct? TDRL decisions only affect MEB/PEB actions and DES % (even if you did go thru the pilot program)..

Nate
 
I would like a answer on that as well, as I understand it the VA rating wouldnt be affected by TDRL unless I fight to get the rating increased, at that point all of my other ratings are also reviewed and could be lowered if the VA feels the ratings are incorrect. I am not concerned about me being lowered at my TDRL eval I have been in treatment for over a year for PTSD and it has not improved whatsoever, but I wouldnt put anything past the VA I have had nothing but grief from them from day one and was called a liar by the VA C&P pshyc doctor because he was going off of the wrong pshyc notes and even after I proved he went off of the wrong information the VA flat out refused to do anything as far as making him correct his diagnosis and basically ignored the IMA I had done and told me the VA doctor and his findings outrank any other doctors findings regardless of the outcome. So I will in fact be fighting these issues as soon as I make my first visit to my local VA which happens to be 5 minutes or so from my house back home. I will also be getting tested for TBI as the VA decided to tell me I have all the symptomns and should have filed a claim for it, AFTER I signed off on my PEB results, huge coincidence im sure...... My question is should I be found to have TBI would that then be unfitting and be able to be added to my DOD rating from the military, because the doctors and reps here tell me there is absolutely nothing I can EVER to change any DOD rating from the PEB.

I was also refused a second look on my PTSD and back because it was impossible to get any more medical evidence than I had already turned in, especially in a 10 DAY TIME LIMIT that they impose. Thats funny to me since they had a time limit on my case and it went nearly 6 months over that limit, but I was refused any more time to try and put together anything on my end of the case.

Absolutely love getting hosed for being injured, how dare I get hurt so bad I cant continue to be in the army, and then expect my government to take care of me and atleast treat me like a human being afterwards.
 
The facts of your case will drive the outcome, but with that said, I think those going through the Pilot Program have some unique issues with PTSD.

As a starting point, the 50% minimum rating for 6 month period due to separation/retirement from the military is from the application of a VA regulation, 38 CFR 4.129 . So, if one is unfit for PTSD, they should get the minimum rating from both the military and the VA. However, in the Pilot Program, I think that there is a likelihood/argument that a non-temporary rating be applied. If the VA raters find the higher/permanent rating, then it should apply to both military and VA, too. But, the rating decision letter should clarify what the basis of the rating is (schedular application or minimum rating under 4.129). The VA rating will state if it is a permanent rating (meaning they won't schedule a follow up exam/review at a later date). In the absence of such a finding, they can relook the rating at a later date.

There is case law that ratings/findings from other agencies are evidence that must be considered by the agency (whether it is VA/DoD/Social Security). So, they can impact each other. However, the VA has an obligation to consider all the relevant information in a case and to explain the reasons and bases of their decision. That coupled with a more robust/effective appeal process, with a dedicated court to address errors, the VA rating is less likely to be negatively impacted by an erroneous military decision. Again, the facts of the case will drive the outcome and it is hard to say what issues you will face.
 
on the PEB decision for PTSD it states that VASRD 4.129 applies for reexamination. It also states that although I meet the requirements for alot of issues required for a 70% PTSD rating my overall disability picture doesn't warrant the higher rating at this time.

I do believe that my back will be rated at the higher rating of 20% which it actually falls into now but I was rated at 10% because the VA refuses to remove the erroneous 80 degree forward flexxion ROM test that is listed in my file by the C&P but in fact never took place. I had a IMA done which showed my FF ROM @ 60 degrees on 3 separate exams but the VA stated that they combined those results with the ROM that listed 80 degrees FF (mind you this rom never was conducted it was apparently made up by the C&P examiner) and came up with a AVERAGE FF ROM of 67 degrees. I have searched every single VA regulation I can find and nowhere does it state to average the C&P and IMA ROM exams together and use that as the ROM for rating purposes. So I will continue to have ROM tests done and document them all and use this as new medical evidence at my TDRL exam.

I will also ask for copies of all my PTSD counseling sessions as they seem to disappear or be incorrect if I leave it to the VA to keep track of my appointments.

I final out march 23rd and return home on PTDY and Terminal leave. How long will it take to get my VA pay started?
 
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