TBI WITH PTSD

navymo

Member
Registered Member
I need some advice. I when to a FPEB because I have a TBI and PTSD. I was rated 100% for my TBI with PTSD and the VA doc said that it was impossible to separate the TBI from the PTSD. My TBI happened in a combat zone but my PTSD did not. My issue is that the the FPEB did not apply my TBI to my PTSD and instead just rated me 100% DOD on PTSD by itself there forth not allowing me to get the combat zone designation. Is this legal? Can they just come up with there own rating? My official 100% rating states TBI with PTSD. Thinking about requesting a PFR because this is totally messed up. What to you think?
 

Provis

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
I need some advice. I when to a FPEB because I have a TBI and PTSD. I was rated 100% for my TBI with PTSD and the VA doc said that it was impossible to separate the TBI from the PTSD. My TBI happened in a combat zone but my PTSD did not. My issue is that the the FPEB did not apply my TBI to my PTSD and instead just rated me 100% DOD on PTSD by itself there forth not allowing me to get the combat zone designation. Is this legal? Can they just come up with there own rating? My official 100% rating states TBI with PTSD. Thinking about requesting a PFR because this is totally messed up. What to you think?
Yes its legal. The FPEB can do what they like. They choose what conditions are fit or unfit. They determine if an issue is combat related or not. What does your military IDES counsel say? Do you know what your retirement will be? If your VA compensation is more than your Chapter 61 pension then combat related designation isn't as important since your VA compensation would be tax free and that is the main reason to get the combat related designation.

Ultimately to overturn a FPEB you would need to show convincing evidence to the president of the board to have anything changed. That's where your IDES counsel can help you. Also, having it combat related for chapter 61 medical retirement has no bearing on whether or not you get approved for CRSC. They are totally different laws.
 
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