VA Rating Prior to MEB

Hello Veterans. I am in the exact same situation as well. I am 100% P&T VA. I got the counseling form informing me that IDES could lower my VA rating and asking me to choose IDES or LDES. I chose LDES and returned the signed form. Today I got an email asking me if I meant to select LDES. I replied that I DID mean to choose LDES because I didn't want to risk my VA rating being reduced during IDES. I got a reply shortly afterwards informing me that reason would most likely be denied?! They referenced the following:

MEDCOM Policy 18-005 5.a
The Good of the Army, Unit Readiness, and avoidance of decreased existing Deparment of Veterans Affairs (VA) ratings will not be used as the sole basis for approving LDES processing.

Now I am REALLY confused. Has anyone managed to get passed this point recently? Thanks in advance for any advice!
 
armyvet73 said:
Hello Veterans. I am in the exact same situation as well. I am 100% P&T VA. I got the counseling form informing me that IDES could lower my VA rating and asking me to choose IDES or LDES. I chose LDES and returned the signed form. Today I got an email asking me if I meant to select LDES. I replied that I DID mean to choose LDES because I didn't want to risk my VA rating being reduced during IDES. I got a reply shortly afterwards informing me that reason would most likely be denied?! They referenced the following:

MEDCOM Policy 18-005 5.a
The Good of the Army, Unit Readiness, and avoidance of decreased existing Deparment of Veterans Affairs (VA) ratings will not be used as the sole basis for approving LDES processing.

Now I am REALLY confused. Has anyone managed to get passed this point recently? Thanks in advance for any advice!
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Dude its BS. I spoke to my Army "attorney" this morning and they said you can choose between the two but you can only select IDES. My lawyer did say there is a chance my rating could change, but she has never seen it happen.
 
Well if that isn't some Army BS I don't know what is.. Fill out this counseling form indicating if you choose IDES or LDES.. Roger that, I choose LDES. Nope, disapproved! Go get in the line for your IDES.
 
FYSA, I was told I could write a memorandum on why I want to be considered for LDES. I wrote a memorandum with several bullet points outlining why. I'll update here if I get favorable action and receive LDES as requested. Anyone else been through this?
 
I went through a similar situation but with AF. I had to have a lawyer sign a form saying I spoke with them and that I understand what I'm doing and that the LDES is what I would like to do. Then that was sent to the Medical group commander and he approved my LDES.
 
Posting this here just in case I wasn't the only one who didn't know. Apparently LDES is approved by exception only now and has to be approved by the MTF commander. Here is a reply I got from the Office of the Soldier's Counsel (OSC):

With regard to LDES, it has been redesigned as a type of hardship program for Soldiers who need their case expedited due to some type of hardship (time sensitive job, spouse overseas, pregnancies, medical condition, etc…)
 
Josh C said:
My concern is that I do not want my VA rating reduced or touched by going through the IDES process. I actually thought that since the VA is the one conducting the rating in IDES that already having one completed would expedite or assist in my process. However, after reading through this counseling I am finding that it appears I am taking a risk if I move forward with the IDES process.

Am I understanding this correctly and any advice on which process if any to move forward with?
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If you end up going there the IDES you will just choose to go into the LDES (Legacy Program). If you choose to proceed with the LDES it wouldn't effect your VA. They will only look at your conditions to determent if you are fit for duty.

Since you are 100% VA P&T they should retire you on the DOD side Chapter 61 and you would get Tricare and if your PTSD is Combat related you can apply for CRSC after you get your ret
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Thank you so much, i was looking for this thread so bad, i'm on the same table and i was too worried that the VA rating will be changed after going through LDES,
 
Jobey, I just made it all the way through the PEB process and as of 22 JAN 2021 I will be officially medically retired and on the PDRL. I was already at 100% for PTSD with the VA and really nervous about losing that rating during the PEB process and IDES. I can tell you that I wrote the Med commander a letter and tried to get an exception for LDES and was denied. However, it all turned out just fine through IDES. With the knowledge I have now, I wouldn't even recommend wasting your time trying to get an exception for LDES. I say this because once I was denied LDES and began the IDES process I was contacted by the VA MSC who informed me that I could elect not to file for any additional VA comp. She explained to me that in this scenario, any existing VA rating would be safe. Below is a copy/paste from the email I got from her. I chose option 2 and filled out that form stating I did not want to file for any additional compensation. I can tell you with certainty that indeed the VA did not touch my 100% rating. You may get a notice about a VA claim and see it in ebenefits, but I was told this is just part of the process the VA goes through for your DoD rating %. So, again my VA rating did NOT change. I hope this helps!

Attached you will find two forms. Only complete one.

  1. VA Form 526EZ ----If you plan on applying for VA Comp, please list any NEW condition/illness you want VA to rate you on. They have to be NEW or condition you want to INCREASE.
Any condition previously denied can not be claimed on this form.

2. VA Form 4138---If you DO NOT plan on filing for additional VA Comp Please complete and sign the 4138. You will continue to receive your 100% with no interruptions.
 
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Armyvet73

Thank you very much for this detailed message, I have found several posts also confirms that the rating for the VA does not change when submitting to LDES, I am sorry to hear that you have been denied to submit to go through LDES, the good thing about the LDES system is that it does not affect the VA rating, and I also noted some other posts quoting that, It turns out that when you submit to IDES, you are given the option to choose whether or not to open a VA file, and this is clear when you choose the second paragraph that I pasted above. I will paste the comment witch I found on this website too reflecting what i was referring to, but I don't remember exactly who posted it


"I spoke with a lawyer recently about this and existing medical conditions. Since I'm going through a very similar situation currently. I was told the LDES (Legacy Program) doesn't involve the VA and you would have to file for VA after you get out. Since you have a VA rating the DOD knows what your rating are and will evaluate your condition for a fit or unfit determination. Then whatever they determine as unfitting they would use your current conditions rating. I'm currently in the LDES with a VA rating and was told by the Lawyer that my VA rating can't be reduced.


IDES, the VA disability rating is integrated into the evaluation process. The service member will receive a VA Compensation and Pension exam, and the VA will examine all claimed conditions before the service member leaves active duty, including conditions not considered unfitting. If a service-member is separated or retiring due to a disability, both DOD and VA ratings will have been assigned, and receipt of his/her VA compensation should not be delayed, allowing payment to come sooner. In contrast, LDES does not calculate VA disability rating and compensation benefits. The service member will have to file claims with the VA after leaving the service."


If you end up going there the IDES you will just choose to go into the LDES (Legacy Program). If you choose to proceed with the LDES it wouldn't effect your VA. They will only look at your conditions to determent if you are fit for duty.

Since you are 100% VA P&T they should retire you on the DOD side Chapter 61 and you would get Tricare and if your PTSD is Combat related you can apply for CRSC after you get your ret
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the participant declined to file a VA claim as part of the IDES process





Provide to the participant’s PEBLO

a copy of the completed VA Form 21-526EZ (or notice that the participant declined to submit a VA claim, if applicable), and

a list of the examinations requested in Step 5 of procedure described in this table.

If the participant declines to submit a VA claim, the MSC must:

explain

that VA will evaluate the conditions referred by the service department for the DoD purposes only, and

VA compensation will not be awarded as part of his /her participation in IDES

provide the participant with a VA Form 21-4138, Statement in Support of Claim

ask the participant to document his/her decision to decline to submit a VA claim on the VA Form 21-4138, and

go to Step 12 of this table.

Note: If the participant refuses to complete a VA Form 21-4138, the MSC must document the discussion on a VA Form 27-0820, Report of General Information, noting the participant’s decision to decline to submit a VA claim.

https://www.knowva.ebenefits.va.gov...stem-(IDES)-and-Initial-Claims-Development#6d
 
armyvet73 said:
Jobey, I just made it all the way through the PEB process and as of 22 JAN 2021 I will be officially medically retired and on the PDRL. I was already at 100% for PTSD with the VA and really nervous about losing that rating during the PEB process and IDES. I can tell you that I wrote the Med commander a letter and tried to get an exception for LDES and was denied. However, it all turned out just fine through IDES. With the knowledge I have now, I wouldn't even recommend wasting your time trying to get an exception for LDES. I say this because once I was denied LDES and began the IDES process I was contacted by the VA MSC who informed me that I could elect not to file for any additional VA comp. She explained to me that in this scenario, any existing VA rating would be safe. Below is a copy/paste from the email I got from her. I chose option 2 and filled out that form stating I did not want to file for any additional compensation. I can tell you with certainty that indeed the VA did not touch my 100% rating. You may get a notice about a VA claim and see it in benefits, but I was told this is just part of the process the VA goes through for your DoD rating %. So, again my VA rating did NOT change. I hope this helps!

Attached you will find two forms. Only complete one.

  1. VA Form 526EZ ----If you plan on applying for VA Comp, please list any NEW condition/illness you want VA to rate you on. They have to be NEW or condition you want to INCREASE.
Any condition previously denied can not be claimed on this form.

  1. VA Form 4138---If you DO NOT plan on filing for additional VA Comp Please complete and sign the 4138. You will continue to receive your 100% with no interruptions.
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congratulations my friend,

Also, i wanted to ask you if you could tell me what should be mentioned on VA Form 21-4138 when you submitted a statement “buddy” is there any template that you can share? Just curious
 
Jobey, the form 21-4138 only has the following verbiage pre-filled in it. You just sign and send back to the MSC.

"*************I do not wish to file for VA compensation with the MSC/IDES Program. I am currently SC 100%. Please continue to process my pending 020. ******************************************************************************************"

I hope this helps!
 
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armyvet73 said:
Jobey, the form 21-4138 only has the following verbiage pre-filled in it. You just sign and send back to the MSC.

"*************I do not wish to file for VA compensation with the MSC/IDES Program. I am currently SC 100%. Please continue to process my pending 020. ******************************************************************************************"

I hope this helps!
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Awesome, thank you so much brother
 
jobey said:
Awesome, thank you so much brother
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Armyvet73,

I have few questions for you;

1- did your PEBLO submitted this form to IPEB and sent you a confirmation for that, or you just sent it to your MSC?

2- did you send this form before signing DA 3947 or after?

3- when you mentioned the following in the previous thread,

“I was contacted by the VA MSC who informed me that I could elect not to file for any additional VA comp”

was that before or after signing DA 3947?

4- also when you mentioned the following:

“You may get a notice about a VA claim and see it in ebenefits, but I was told this is just part of the process the VA goes through for your DoD rating %.”

where exactly in Ebenefits? Which section?

Thanks in advance
 
SFC H said:
“If you end up going there the IDES you will just choose to go into the LDES (Legacy Program). If you choose to proceed with the LDES it wouldn't effect your VA. They will only look at your conditions to determent if you are fit for duty.

Since you are 100% VA P&T they should retire you on the DOD side Chapter 61 and you would get Tricare and if your PTSD is Combat related you can apply for CRSC after you get your ret”

100% PTSD is unfit for duty and WILL be re-evaluated. P&T can and will be re-evaluated when a new claim is opened, like filing for a Chapter 61.
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They will only evaluate your unfitting conditions that have LODs. If you don't have an LOD for it they won't evaluate it. Kind of a double edge sword but could benefit you if you don't have an LOD
 
armyvet73 said:
Jobey, the form 21-4138 only has the following verbiage pre-filled in it. You just sign and send back to the MSC.

"*************I do not wish to file for VA compensation with the MSC/IDES Program. I am currently SC 100%. Please continue to process my pending 020. ******************************************************************************************"

I hope this helps!
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I know this is old, but what is the "Pending 020" phrase referring to?

Thanks!
 
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