My lovely wife is under 10 years in the Army reserves and on a 2022 deployment to Erbil / Syria, was sexually assaulted while in the shower. Restricted report, VA rating 50% for PTSD. Wasn't looking for a board out, but at her last year's medical, she mentioned headaches due to TBI, also sustained on that deployment. The headaches never went anywhere, but last winter she got an unrequested temp PTSD profile, ignored it, kept going to her VA MH appointments, and then got a P3 profile in January for PTSD and P2 for sleep apnea.
Now she's over the army and her unit. The commander's statement is pretty benign, but non-deployable is checked. I helped her out a lot with her VA claim, and understand the M21 and 38CFR regarding them pretty well (I'm an RN working in clinical documentation), but have no clue about the MEB process. Dove in on research so I have a better idea now.
Had PEBLO contact on Wednesday, pretty pushy, but she's experienced. The initial counseling call was 10 minutes. Going to print and send back the DA 5893 pg 1+2, 2870, 756, and advice to counsel. Also had the MSC email today, and call scheduled for 9am on Monday. So I am going to be doing a lot of reading this weekend.
Wife is service-connected 50% for PTSD but had an HLR in December that came back with a difference of opinion for 70%. The initial rater made an error on one of her symptoms the examiner checked and also missed a good bit of information in her total file with some more serious symptoms. It's waiting to be rated again; no new exams or opinions are needed. Should be at 70%.
Also, has a TBI lumped in with PTSD, even though the VA contract neurosurgeon stated differention of symptoms so should be rated separately at 10% (HLR pending), 50% headaches, and some assorted other ratings. The big one is sleep apnea, which I know is not disqualifying, but will move her to 100% VA. The initial rater that denied sleep apnea missed a positive medical opinion for direct connection from the VA-requested doc. It's also on HLR and is an obvious mistake.
So the question is, she's 90%, with 3 HLRs pending. Sleep apnea is the most obvious slam dunk grant to 100% even if the other two are denied, although all of them should be.
Everything is under a year old, so the M21 21-20 x.i.6.f.2.c. use of prior examination reports in lieu of an ides examination would apply.
Since the goal is 30% for retirement and no worries about not getting concurrent retirement + VA, should she just let the VA use all her old exams from last year?
Should I talk to a private attorney?
This forum is super helpful, thank you.
Now she's over the army and her unit. The commander's statement is pretty benign, but non-deployable is checked. I helped her out a lot with her VA claim, and understand the M21 and 38CFR regarding them pretty well (I'm an RN working in clinical documentation), but have no clue about the MEB process. Dove in on research so I have a better idea now.
Had PEBLO contact on Wednesday, pretty pushy, but she's experienced. The initial counseling call was 10 minutes. Going to print and send back the DA 5893 pg 1+2, 2870, 756, and advice to counsel. Also had the MSC email today, and call scheduled for 9am on Monday. So I am going to be doing a lot of reading this weekend.
Wife is service-connected 50% for PTSD but had an HLR in December that came back with a difference of opinion for 70%. The initial rater made an error on one of her symptoms the examiner checked and also missed a good bit of information in her total file with some more serious symptoms. It's waiting to be rated again; no new exams or opinions are needed. Should be at 70%.
Also, has a TBI lumped in with PTSD, even though the VA contract neurosurgeon stated differention of symptoms so should be rated separately at 10% (HLR pending), 50% headaches, and some assorted other ratings. The big one is sleep apnea, which I know is not disqualifying, but will move her to 100% VA. The initial rater that denied sleep apnea missed a positive medical opinion for direct connection from the VA-requested doc. It's also on HLR and is an obvious mistake.
So the question is, she's 90%, with 3 HLRs pending. Sleep apnea is the most obvious slam dunk grant to 100% even if the other two are denied, although all of them should be.
Everything is under a year old, so the M21 21-20 x.i.6.f.2.c. use of prior examination reports in lieu of an ides examination would apply.
Since the goal is 30% for retirement and no worries about not getting concurrent retirement + VA, should she just let the VA use all her old exams from last year?
Should I talk to a private attorney?
This forum is super helpful, thank you.
