The Beginning of the End

BlackHawk563

Registered Member
#1
First time poster, short time reader.

I figured with so many people who have entered and exited the MED process it would be a great idea to share my story with the group.

Personal Details:
Service Academy Graduate, O3, AV with 7 years of service this May.


Case Details:
~28DEC17 - PCM recommends me for MED Board
18JAN18 - Permanent Profile Signed
22JAN18 - Met w/ PEBLO
23JAN18 - Met w/ VA for claims form

Conditions Placed on Statement in Support of Claim:
1. Anxiety Disorder (Referred Condition)
2. Back Pain
3. Chest Pain
4. Open Wound on Head - Scalp
5. Neck Pain
6. Narcolepsy
7. Hypersomia
8. Social Isolation
9. Memory Loss
10. Panic Attacks
11. Irritability
12. PTSD - Combat Related
13. Depression
14. Insomnia
15. Nightmares

(VA rep believed these conditions placed me in the 70-90% range, while DOD only cares about the Anxiety Disorder....go figure)


PEBLO noted it would probably be 6 months or so before I would be out. VA rep stated it would be 4 months or so based on my conditions. Expect to hear from the VA in the next couple of days for the next round of appointments.

Questions for the Group:
Does this all pass the common sense test?
 

HooahAllDay

Registered Member
#2
"
First time poster, short time reader.

I figured with so many people who have entered and exited the MED process it would be a great idea to share my story with the group.

Personal Details:
Service Academy Graduate, O3, AV with 7 years of service this May.


Case Details:
~28DEC17 - PCM recommends me for MED Board
18JAN18 - Permanent Profile Signed
22JAN18 - Met w/ PEBLO
23JAN18 - Met w/ VA for claims form

Conditions Placed on Statement in Support of Claim:
1. Anxiety Disorder (Referred Condition)
2. Back Pain
3. Chest Pain
4. Open Wound on Head - Scalp
5. Neck Pain
6. Narcolepsy
7. Hypersomia
8. Social Isolation
9. Memory Loss
10. Panic Attacks
11. Irritability
12. PTSD - Combat Related
13. Depression
14. Insomnia
15. Nightmares

(VA rep believed these conditions placed me in the 70-90% range, while DOD only cares about the Anxiety Disorder....go figure)


PEBLO noted it would probably be 6 months or so before I would be out. VA rep stated it would be 4 months or so based on my conditions. Expect to hear from the VA in the next couple of days for the next round of appointments.

Questions for the Group:
Does this all pass the common sense test?
"

It will all come down to how you present your complaint to the VA medical examiner.

What installation are you? Here at Ft Bragg, I got recommended for MEB by PCM on Oct 16, 2017. Was approved on Oct 17, 2017. Did my C & P Nov through early Dec. Signed my Unfit letter on Dec 18. VA mailed my proposed ratings to PEB on Jan 24, 2018. PEB received on January 29th and I got called from peblo same day. I will be meeting with legals tomorrow and may be signing my 199 on Monday.

My timeline was pretty quick considering the block leave period of Dec & New Years. I got really lucky!
 

RonG

PEB Forum Veteran
Registered Member
#3
Re: "(VA rep believed these conditions placed me in the 70-90% range, while DOD only cares about the Anxiety Disorder....go figure)"

Both the Department of Defense and the Department of Veterans Affairs (VA) use the Department of Veterans Affairs Schedule for Rating Disabilities; however, not all the general policy provisions set forth in the Rating Schedule apply to the military. Consequently, disability ratings may vary between the two.

The military rates only conditions determined to be physically unfitting, compensating for the loss of a military career. The VA may rate any service-connected impairment, thus compensating for the loss of civilian employability.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#4
Both the Department of Defense and the Department of Veterans Affairs (VA) use the Department of Veterans Affairs Schedule for Rating Disabilities; however, not all the general policy provisions set forth in the Rating Schedule apply to the military. Consequently, disability ratings may vary between the two.

The military rates only conditions determined to be physically unfitting, compensating for the loss of a military career. The VA may rate any service-connected impairment, thus compensating for the loss of civilian employability.
Many decisions (both BCMR and Court cases) use this language. I am not sure it is accurate or "good law" any longer given:


"(a) Utilization of VA schedule for rating disabilities in determinations of disability.
  • (1) In making a determination of disability of a member of the armed forces for purposes of this chapter [10 USCS §§ 1201 et seq.], the Secretary concerned--
    • (A) shall, to the extent feasible, utilize the schedule for rating disabilities in use by the Department of Veterans Affairs, including any applicable interpretation of the schedule by the United States Court of Appeals for Veterans Claims; and
    • (B) except as provided in paragraph (2), may not deviate from the schedule or any such interpretation of the schedule.
  • (2) In making a determination described in paragraph (1), the Secretary concerned may utilize in lieu of the schedule described in that paragraph such criteria as the Secretary of Defense and the Secretary of Veterans Affairs may jointly prescribe for purposes of this subsection if the utilization of such criteria will result in a determination of a greater percentage of disability than would be otherwise determined through the utilization of the schedule."

10 USCS § 1216a

This issue has not been fully litigated.
 

BlackHawk563

Registered Member
#5
Thanks HooahAllDay!
Congratulations on the speediness of your case. It seems things here at Ft Riley are similar to Ft Bragg. Several folks I know in the MEB process are reporting similar timelines.
Just had my first C&P Exam for muscular/skeleton issues this week and have an appointment with the BH one next week.

RonG/Jason,

Appreciate the insight and information. As quoted multiple times on this site “knowledge is power!”
 

BlackHawk563

Registered Member
#6
Update to current situation...

Completed VA Exams (MH & Normal Exam) - 5FEB
Doctor called MED Board would decide "Fit/Unfit" this week or next - 8FEB

Only thing I currently I disagree with is the things that currently are unfitting per the phone call with the doctor:
Anxiety Disorder - Unspecified
Sleep Disorder - Unspecified

During the VA MH evaluation they diagnosed me with "PTSD with Depression" something that has never been been talked about or discussed during my last two years in the BH program. Definitely surprised but it has been the only time I've been examined with the DSM-5 survey that I know of.

Based off the current evaluation and phone call with the doctor, I have a 99% shot of making the "unfit" category, however, moving forward into the PEB with the current conditions listed I doubt I have the wording to grant a 30%.

Hopefully, the board convenes next week at which point I will have a NARSUM in hand.

Questions for the group!
Has anyone experience a diagnosis like this before?
If so, does it warrant a IMR(?) to get a VA diagnosis moved onto the DOD evaluation?

Like others in the group I'm all about "digging in" and making a stand...

Appreciate the help!
 

BlackHawk563

Registered Member
#8
Ameliagrl03, I ended up 50/60. A lot of what I claimed didn't have medical documentation that specifically the conditions I claimed. Will continue to work through the VA as ended up with TDRL anyways.
 
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