VA Rated 90% Now finally being Med Boarded - Possibly processed through Legacy DES

Russ35057

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As I've said in my previous posts I was non-retained on my AGR position almost a year ago. so I did get all my stuff together and got my rating and VA compensation after that while still being a Drill Status Reservist in the Air National Guard. Currently I'm 90% VA Rated and the 2 conditions that were referred for unfit were Major Depression Disorder with Generalized anxiety Disorder currently VA rated at 30%, and Bi-Lateral Planters fasciitis with joint fusions of the great toe bilaterally with arthritis 30% VA rated. Now Finally NGB/SG has found me unfit for duty after being on a waiver that started while I was on AGR for the conditions. Since I do not have to be VA Rated again I would guess I'm going through the Legacy DES system? waiting to hear back from the PEBLO at Travis AFB to see where we are at. I hope I get a medical retirement, but I don't know if they will use the existing VA Ratings or am I going to be re-rated by the DoD? This is an odd one. I almost got invol separated because NGB screwed up and wanted to treat me like I was always a DSG and if I was found unfit..... insta boot. any input would be appreciated.
 

brianmatt31

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Hi Russ. Thanks for your service. To start the IDES/DES your PEBLO/VA MSC should have gave you the option to do LDES or IDES. Last year that is what Ft Knox did to one of my Soldiers I was helping get through the medical board since he had some major medical issues. I'm thinking they will probably put you in the LDES since your not on but not sure. Your PEBLO can tell you which one since there are different processes. My IDES took almost two full years while I was on AGR orders.
The thing to always fight is you would have never been able to join the military if you had those medical problems when you joined so fight it. Especially if you have any of your MEPS documents or annual physical documents from the medical clinic you had. I'd do what your doing and that is communicating with your PEBLO. Make sure they stay on your side and when you get the chance to appeal because you think they gave you incorrect ratings, appeal. Also if you appeal you'll get the right for legal counsel. When I went for my appeal at the PEB board, my PEB lawyer fought for me hard and had an additional medical issue inserted at the PEB in order to get my packet pushed back to the MEB to relook at it and include it. Hope this helps. Also be looking at militarydisabilitymadeeasy.com there is a link on that site that you can Find Your Condition and it will show you how the VA rates conditions.
 

Goz

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Mine is a little late but here you go. If I was you I would go through IDES instead of the legacy des. Simple reason is IDES the DOD accepts what the VA rates you at. In legacy the DOD rates you and generally low balls. But just a suggestion everyone has different reasons for doing what they do. Yours could be you want out sooner, and with the legacy des it will go way faster then IDES. Good luck hope it works out.
 

Russ35057

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I've been given the option between legacy and integrated. Since I'm already VA Rated should I just do legacy and get it over with?
 

LeoS

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I had the same option as well and chose the IDES process because I also heard DOD in the LDES will not give you the same consideration.
 

Russ35057

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I was advised by the OAC and the PEBLO to go the IDES as well and good thing I had a VA claim in action currently.
 

Russ35057

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31 October - First C&P exam this one was for PTSD. The last one previously done was told "you don't have PTSD you only have anxiety and depression". This one seemed more like you have a lot of trauma... so see what this does for the MEB process... more appointments to follow...

5 Nov - short notice appointment tomorrow.... not sure which condition this is for but I'll find out.... already did the PTSD exam which should of covered my anxiety and depression (currently Rated at 30% for those 2 conditions combined by the VA but referred unfitting conditions), and the joint fusions in my feet (also at 30% by the VA and referred as unfitting). I'm guessing my feet. however would the current VA ratings somehow affect what i might expect for a DoD percentage? I hope it's a good sign I'll be retired, and I'm only 1 percentage point away from the 100% VA tipping point (currently 94 based on calculator). fingers crossed for it all to go well.
 

Russ35057

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Appointment was cancelled by QTC same day due to availability of dr... still waiting for the reschedule.... contacted my VA MSC this is my last appointment....
 

Russ35057

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Still waiting on QTC. Now Have VA MSC and my PEBLO involved to jump on them to get this appointment done....
 

Russ35057

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well More fun. VA evaluated me for PTSD.... Here is the C&P results:

SECTION I:


----------


1. Diagnostic Summary
Does the Veteran have a diagnosis of PTSD that conforms to DSM-5 criteria
based on today's evaluation?
[X] Yes [ ] No

2. Current Diagnoses
a. Mental Disorder Diagnosis #1: MDD, recurrent, moderate
Comments, if any:
Veteran is 30% SC for MDD. Veteran's symptoms began while in
service and have continued. He does not meet criteria for PTSD. His
depression is caused by his experiences in service.

Mental Disorder Diagnosis #2: Personality disorder NOS

b. Medical diagnoses relevant to the understanding or management of the
mental health disorder (to include TBI): back pain, sleep apnea

3. Differentiation of symptoms

a. Does the Veteran have more than one mental disorder diagnosed?
[X] Yes [ ] No

b. Is it possible to differentiate what symptom(s) is/are attributable to
each diagnosis?

[ ] Yes [X] No [ ] Not applicable (N/A)
If no, provide reason:
symptoms are interrelated and impossible to differentiate

c. Does the Veteran have a diagnosed traumatic brain injury (TBI)?
[ ] Yes [ ] No [X] Not shown in records reviewed

4. Occupational and social impairment

a. Which of the following best summarizes the Veteran's level of occupational
and social impairment with regards to all mental diagnoses? (Check only one)

[X] Occupational and social impairment with deficiencies in most areas,
such as work, school, family relations, judgment, thinking and/or mood

b. For the indicated occupational and social impairment, is it possible to
differentiate which impairment is caused by each mental disorder?

[ ] Yes [X] No [ ] Not Applicable (N/A)


If no, provide reason: symptoms are interrelated


c. If a diagnosis of TBI exists, is it possible to differentiate which


occupational and social impairment indicated above is caused by the TBI?

[ ] Yes [ ] No [X] Not Applicable (N/A)


SECTION II:


-----------


Clinical Findings:
1. Evidence Review

Evidence reviewed (check all that apply):


[X] VA e-folder
[X] CPRS
[X] Other (please identify other evidence reviewed):

I conducted a thorough psychosocial evaluation with the veteran.

4. PTSD Diagnostic Criteria

Note: Please check criteria used for establishing the current PTSD diagnosis.

Do NOT mark symptoms below that are clearly not attributable to the Criterion

A stressor/PTSD. Instead, overlapping symptoms clearly attributable to other

things should be noted under #7 - Other symptoms. The diagnostic criteria

for PTSD, referred to as Criterion A-H, are from the Diagnostic and

Statistical Manual of Mental Disorders, 5th edition (DSM-5).

Criterion A: Exposure to actual or threatened a) death, b) serious injury,

c) sexual violence, in one or more of the following ways:

[X] No criterion in this section met.


Criterion B: Presence of (one or more) of the following intrusion symptoms

associated with the traumatic event(s), beginning after the

traumatic event(s) occurred:


[X] No criterion in this section met.


Criterion C: Persistent avoidance of stimuli associated with the traumatic


event(s), beginning after the traumatic events(s) occurred,


as evidenced by one or both of the following:


[X] No criterion in this section met.


Criterion D: Negative alterations in cognitions and mood associated with


the traumatic event(s), beginning or worsening after the


traumatic event(s) occurred, as evidenced by two (or more) of


the following:

[X] Persistent negative emotional state (e.g., fear, horror,


anger, guilt, or shame).


[X] Markedly diminished interest or participation in


significant activities.


[X] Feelings of detachment or estrangement from others.


[X] Persistent inability to experience positive emotions


(e.g., inability to experience happiness, satisfaction, or


loving feelings.)


Criterion E: Marked alterations in arousal and reactivity associated with


the traumatic event(s), beginning or worsening after the


traumatic event(s) occurred, as evidenced by two (or more) of


the following:


[X] Irritable behavior and angry outbursts (with little or no


provocation) typically expressed as verbal or physical


aggression toward people or objects.


[X] Problems with concentration.


[X] Sleep disturbance (e.g., difficulty falling or staying


asleep or restless sleep).


Criterion F:


[X] Duration of the disturbance (Criteria B, C, D, and E) is


more than 1 month.


Criterion G:


[X] The disturbance causes clinically significant distress or


impairment in social, occupational, or other important


areas of functioning.


Criterion H:


[X] The disturbance is not attributable to the physiological


effects of a substance (e.g., medication, alcohol) or


another medical condition.
Criterion I: Which stressor(s) contributed to the Veteran's PTSD


diagnosis?:


[X] No criterion in this section met.


5. Symptoms


-----------


For VA rating purposes, check all symptoms that actively apply to the


Veteran's diagnoses:


[X] Depressed mood


[X] Anxiety


[X] Suspiciousness


[X] Panic attacks more than once a week


[X] Chronic sleep impairment


[X] Mild memory loss, such as forgetting names, directions or recent


events


[X] Disturbances of motivation and mood


[X] Difficulty in establishing and maintaining effective work and social


relationships


[X] Difficulty in adapting to stressful circumstances, including work or a


worklike setting


[X] Inability to establish and maintain effective relationships


[X] Suicidal ideation


[X] Impaired impulse control, such as unprovoked irritability with periods


of violence


[X] Persistent delusions or hallucinations


[X] Neglect of personal appearance and hygiene


[X] Intermittent inability to perform activities of daily living,


including maintenance of minimal personal hygiene


I would take this as... well you Do have PTSD but it is not service connected....

well I didn't have these issues 20 Years ago... How else would I have gotten it??????

Seemingly they are linking it back to my anxiety and depression I'm already rated for (I Hope)…. Confusing.... can anyone help me figure this piece out?
 

Russ35057

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PEB Forum Veteran
Registered Member
I just had the exam for my feet today.... apparently I also have a mental health and hearing..... The saga continues
 
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