Unfit 70% TDRL, 100% VA Not P&T.

Seaman Timmy

PEB Forum Regular Member
Registered Member
Hello everyone.

My proposed findings came back and I went over them with my attorney. Currently sitting at 70% TDRL (mental health) and 100% VA, Not P&T. However when we were reviewing the findings we noticed that my Sleep Apnea rating was not included in the total. (Sleep apnea W/ CPAP, did a sleep study and everything). I provided a copy of my sleep study to my C&P examiner and I saw the finished DBQ in my TRICARE online portal. The most likely explanation was it was not included in the initial claim, since I had the sleep study done afterwards. After calling VA.gov it was confirmed that it was not included at all. Which I still don’t understand how it was uploaded to my TRICARE online portal. Moving on, my attorney has advised me to sign for my findings when the time comes and file a discrepancy form later. However, the VA representative advised me to inform my PEBLO when I have my appointment with them, so that the PEBLO can notify the MSC to have it included when I receive my final ratings once I'm out of the service. My question is how exactly will this look to the VA? What are the possible consequences? I'm very hesitant of even mentioning it since my anxiety goes through the roof and am concerned this could be a gotcha moment. As of now she said I have no further evaluations other than the mental health one. (70%).

Thank you,

V/r,
Seaman Timmy
 

fmc1

PEB Forum Regular Member
Registered Member
You're good and in the best case possible as you already have 100% rating. This happens all the time and the VA won't even blink. Submit a new claim once you're out. I have the same ratings you do and don't even need my SA to have been at 100% either. Most mental health DoD ratings are TDRL and not P&T. I'm so sorry you're feeling anxious. I hope my words help.
 

Seaman Timmy

PEB Forum Regular Member
Registered Member
Thank you, I will speak with my attorney again regarding this.

Also, I noticed in the copy of my proposed ratings, that Chapter 35 benefits were "proposed as evidence shows your disabilities are permanent and total by nature." It does not say "P&T" anywhere else, anyone have an idea of what this could mean?

Thank you,
Seaman Timmy
 

RonG

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Thank you, I will speak with my attorney again regarding this.

Also, I noticed in the copy of my proposed ratings, that Chapter 35 benefits were "proposed as evidence shows your disabilities are permanent and total by nature." It does not say "P&T" anywhere else, anyone have an idea of what this could mean?

Thank you,
Seaman Timmy
You would not be eligible for Chapter 35 benefits if not for the P&T designation. I did not go through the IDES, but my VA P&T award letter had similar language.

Ron
 

Seaman Timmy

PEB Forum Regular Member
Registered Member
Definitely still confused, and unfortunately I'm having trouble getting in contact with my attorney at the moment. I'm concerned since I saw the copy of my decision and saw that they decreased my shin splints to 0% once the PEB sent it to the VA, a change from the original rating of 10% when I initially did my VA C&P Exams. If that happened, I'm terrified that If I bring up the sleep apnea they may find some motive to try and decrease me for other ratings. On the other hand I know that My TDRL is temporary and my mental health is always subject to reevaluation with the VA, so I'm worried that If I don't bring up the sleep apnea not being included now it may be difficult to try and add it later on and prove it was related to military service.
 

RonG

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Hello @Seaman Timmy ,

Ref: "... they may find some motive to try and decrease me for other ratings."

The DoD rating pertains only to disabilities that make one unfit for continued service. The VA ratings apply to all service-connected disabilities.

The two people from whom you should seek advice are the PEBLO and your attorney.

This seems to be another matter to discuss with your PEBLO: "the VA representative advised me to inform my PEBLO when I have my appointment with them, so that the PEBLO can notify the MSC to have it included when I receive my final ratings once I'm out of the service. "

Good luck,
Ron

Edited to add:
Check your mail at upper right of the screen. RonG
 
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Seaman Timmy

PEB Forum Regular Member
Registered Member
Thank you,

After clarifying with my attorney and confirming that my 100 Proposed rating is P&T due to chapter 35 eligibility, she advised me to refrain from mentioning the sleep apnea. Worst comes to worse and my 100 changes to not P&T, she said to just file a new claim once I am out so long it is within the year time frame of my separation date. After signing for my findings, I am now just waiting on my Retirement orders.

V/r,
Seaman Timmy
 

chaplaincharlie

Super Moderator
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Your attorney represents your interest. Ask him/her what is the best way to get your OSA included in your VA ratings. OSA usually does not effect DoD ratings. Once you obtain counsel it is usually best to follow their lead.
 
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