should I appeal?

justamarty

Well-Known Member
PEB Forum Veteran
Registered Member
I recently finished my MEB and signed off on moving to the PEB. I have disqualifying conditions for PTSD, low back pain w ridiculopathy, and R hip. I have a few conditions that are non-disqualifying with ratings as well (bilateral wrists, L knee I had a 70% rating prior to going to the MEB. I'm a National Guard Soldier with 22 years, almost 4400 active duty points. I'm also a Title 32 technician, but my question here doesn't concern the Title 32 side of things.

My MEB legal rep reviewed my MEB findings and estimates that I'll be rated at 60% DoD by end of PEB based on what she sees. Her concern is that I should be at 50% PTSD rather than the 30% anxiety that I was previously rated at prior to my PSTD diagnosis, which occurred after I was rated a few years back. It wasn't quite clear which rating would prevail from what she could see. Hopefully, the PEB comes back with 50% for PTSD. If they only come back with 30% is it worth appealing? I'm not trying to pursue anything over 70%, but I'm confused. She tells me that I'll basically receive my high-3 base pay retirement at whatever % DoD gives me. I'm 47 years old so I have 13 years until my actual National Guard retirement. I already have my 20 yr national guard letter otherwise. According to her, I'll receive the DoD percent for the next 13 years and then receive my regular retirement. Does that seem right? In that scenario, my actual retirement paycheck will go down (to about 31% of my high-3 based on my points to date) when I turn 60, but that seems strange: since I'm disqualified I can't continue to accrue points/promotions/...so it seems like I'm penalized a little bit for getting kicked out for service connected conditions. I'd be interested to hear how this works if anyone can explain it a little better.

I'm actually surprised that I could basically receive more than an active duty retirement for the next 13 years as a National Guard Soldier and then revert to regular retirement. My rep was very knowledgeable and confident, but this is the first time I'm hearing that side of things. Nice surprise actually if its true. I also understand that VA compensation works into everything above, but am pretty sure I won't see retirement pay plus VA pay without offset.

Thanks.
 
I recently finished my MEB and signed off on moving to the PEB. I have disqualifying conditions for PTSD, low back pain w ridiculopathy, and R hip. I have a few conditions that are non-disqualifying with ratings as well (bilateral wrists, L knee I had a 70% rating prior to going to the MEB. I'm a National Guard Soldier with 22 years, almost 4400 active duty points. I'm also a Title 32 technician, but my question here doesn't concern the Title 32 side of things.

My MEB legal rep reviewed my MEB findings and estimates that I'll be rated at 60% DoD by end of PEB based on what she sees. Her concern is that I should be at 50% PTSD rather than the 30% anxiety that I was previously rated at prior to my PSTD diagnosis, which occurred after I was rated a few years back. It wasn't quite clear which rating would prevail from what she could see. Hopefully, the PEB comes back with 50% for PTSD. If they only come back with 30% is it worth appealing? I'm not trying to pursue anything over 70%, but I'm confused. She tells me that I'll basically receive my high-3 base pay retirement at whatever % DoD gives me. I'm 47 years old so I have 13 years until my actual National Guard retirement. I already have my 20 yr national guard letter otherwise. According to her, I'll receive the DoD percent for the next 13 years and then receive my regular retirement. Does that seem right? In that scenario, my actual retirement paycheck will go down (to about 31% of my high-3 based on my points to date) when I turn 60, but that seems strange: since I'm disqualified I can't continue to accrue points/promotions/...so it seems like I'm penalized a little bit for getting kicked out for service connected conditions. I'd be interested to hear how this works if anyone can explain it a little better.

I'm actually surprised that I could basically receive more than an active duty retirement for the next 13 years as a National Guard Soldier and then revert to regular retirement. My rep was very knowledgeable and confident, but this is the first time I'm hearing that side of things. Nice surprise actually if its true. I also understand that VA compensation works into everything above, but am pretty sure I won't see retirement pay plus VA pay without offset.

Thanks.
You don't need to appeal for trying to get a higher percentage for an unfitting condition. You request the VA reconsider your %. This is called a VARR and can be done once they present to you the informal finding via the iPEB. If the ratings is not correct based on your symptoms definitely request a VARR.
 
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