I have twenty six years in the national guard and I receive fifty percent from VA. I am found unfit for duty through med board and I am being told that I can't receive retirement until I turn 58. But other people are saying different. 30% PTSD 10% shoulder 10% elbow all combat related. I am appealing my PTSD because I am worst after the first year they tested me. I can more in depth
Indeed, I am saddened to hear about your current medical situation albeit I can definitely comprehend your medical symptomatology at this point!The reason why I am fighting this is because lately I have been having suicidal issues and I have contacted the hotline. The med board sent me for mental eval and all they did was type what was on record from the very first time I started claim. I tried to tell them that it was worse and the guy said that I didn't have to say anything because he wasn't a doctor. I am also fighting because I have suffered from severe migraines. The VA sent me to a neurologist and all he did was you at my records and tell e it was my coffee consumption. They never done any tests.
Welcome to the PEB Forum!Great website. Hopefully someone can address some questions that I have...
I was in the Marine Corps between July 2004 to December 2012.
I was placed on TDRL in December of 2012 rated at 30%, VA was 40%. For Bipolar Disorder 1.
I had a re-eval (1 1/2 appointment), months later I received a letter notifying I was being reduced to 10%
I have requested a formal hearing, which takes place tomorrow.
I have civilian lawyer and also in contact with military lawyer provided
The board made this decision to drop my rating based on (from what military lawyer said) the documentation from the re-eval. The only paperwork this board had was the paperwork from that 15min. encounter. How do I ensure that next time (if there is one) they have the right information in front of them? I guess I was a fool to believe they had access to my VA records.
The doctor at the re-eval said he believed I should stay on TDRL. Do they say what ever they want? I figured that was what he would suggest to the board.
If I have my facts straight the Marine Corps said I had to go. They threw me on TDRL because I could not do my job. Now they are saying I am stable? Bipolar Disorder is unfortunately going to be with me for the rest of my life, how can they consider me stable and separate me? In most cases they say people diagnosed can be fine for 5 years with medication but then could have issues and need to go through a period of leveling out again. I know I am using common sense, which is always wrong when approaching this, but why I am I not on the permanent list?
What happens if I lose the battle but then have major issues down the road? Is it no longer any issue to them?
I have developed several issues since I have been out. I can not get on planes, serve anxiety, and insomnia. I have decided to do the PEB over the phone, my lawyer said it was okay but others said it was a bad move. I feel like I have good justification (doctors note) Should I have gone?
Side note: Is it necessary or a plus to have a civilian lawyer for PEB Hearings?
Thanks ahead of time for anyone one that can tackle this...
Hmm, indeed, it seems that the PEB hearing members didn't have ample medical evidence/documentation to make a "permanent and stable" determination at this point in time!Update.
The PEB hea ring never happened. My lawyer called me just before it was supposed to happen and said that after they review my medical documents and were willing to offer that everything stay the same. I accepted. What do I have to do next time to make sure the board has everything they need to accurately re-evaluate me, that way it only goes to formal hearing if necessary? The questions from my original post are still valid because I will be dealing with this again in the future. Still on TDRL 30%
You are way behind the "power curve." Try searching on this site for TDRL issues. Your questions are so general that I don't even know where to start in answering them.I just received a letter that i have to be re evaluated for ptsd but i dont have any supporting documents. Please tell me what I should know, get, and expect from this reevaluation
So if your are on TDRL and then your condition stabilizes, you get separated with severance? I have Crohn's and the docs are basically saying it can be managed, but not cured. So if I agreed to TDRL, all I would have is about 18 months on TDRL and then separated with severance?Re-evaluation by PEB
TDRL can only last up to five years. After five years, the servicemember must be either permanently retired, separated with severance pay, or found fit (which can mean either administrative separation or opportunity to re-enlist). Cases are re-evaluated every year to eighteen months. If the MEB indicates the servicemembers condition has stabilized, then they will forward that to PEB for final disposition. The informal PEB, if it finds the Servicemember's condition has stabilized, will then rate the conditions. If less than 30%, the result will be separation with severance. If higher than 30%, then the result will be permanent disability retirement. And if the conditions are no longer unfitting, the veteran can then separate administratively or re-enlist. If the PEB finds the condition has not stabilized, they cannot change the rating. If the servicemember does not agree with informal, they can demand formal at this point.
As far as how to document migraines, I would point out that every one agrees that stopping what you are doing and seeking immediate medical care meets the definition of a prostrating migraine. For Soldiers, they can use the guidance in the policy letter to document prostrating attacks. If you ask me, the going to the emergency room, while maybe pointless from a medical treatment point of view, is probably the better course of action to ensure that the migraines are properly rated by the PEB. Soldiers should be aware of the policy, though, and that it offers an alternative. I cannot emphasize enough though that if you intend to rely on the policy letters guidance, you should follow it to the letter. Close is not enough.
No....the "stabilization" finding only means your case is finally decided at that point. It could be that the rating at that time indicates no change in rating (and then retirement), an increase in rating (meaning retirement with an increased rating, if that rating is above 50%, a decrease in rating below 30% (which would result in separation with severance pay), or a fit finding with the opportunity to return to duty.So if your are on TDRL and then your condition stabilizes, you get separated with severance?
That is more of a medical statement or opinion. You have to look at- for purposes of the DES- what your condition means as far as fitness and ratings in the future. That is a legal/administrative finding.I have Crohn's and the docs are basically saying it can be managed, but not cured.
No. See above. (Also, note that TDRL can continue for up to 5 years).So if I agreed to TDRL, all I would have is about 18 months on TDRL and then separated with severance?
Hmm, is HealthNet Federal Services (e.g., TRICARE) technically better than the DoVA VHA Healthcare System or visa versa? In my opinion, it would be a personal preference as to what medical provider to use while on DoD military TDRL.Would it be wise to use Tricare instead of the VA while on TDRL for re-evaluation purposes? I was recently placed on TDRL and have been seeing the VA for my unfitting conditions.