How much weight does a PEB decision have with VA? in VA Disability Claims (General) Forum

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How much weight does a PEB decision have with VA?

Author	Comment
havet		#21	[url]	[-]
Posts: 10 Jul 14 11 9:00 AM	Do you have an offline e-mail address? I can contact you there if you'd like. I can provide a redacted copy of the PEB findings and potentially more info if needed.
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71infantry		#22	[url]	[-]
Posts: 4990 Jul 14 11 4:19 PM	havet wrote: Thank you for the good wishes, 71infantry. I don't wish to feud over the details, either -- I just want to avoid other people reading this perhaps not realizing that they CAN push for an IU rating from DOD. I think we can all agree that it's important for service members and vets to have as much accurate info as possible. So, I'll try one last time to clear the details up just in case it can help anyone else. My final TDRL reevaluation PEB came back originally as 50% for PTSD and 30% for migraines. I submitted an informal rebuttal saying my migraines more closely resembled the description for 50%, and I got a reply saying the PEB was adding a "not" before the phrase "prostrating" as an "administrative change", so my rebuttal was denied. Then my case supposedly got pulled for "quality assurance" processing and came back with 50% for PTSD and 50% for migraines about four months later. I was waiting for my retirement orders for a long time (a couple more months) when I got a memo saying the USAPDA had reviewed my entire case and decided to revise my rating. The PEB proceedings that I got at that point had the quote I gave above: Individual unemployability based on the combined impact of PTSD and migraines. Rated 100% IAW VASRD 4.16 because these two conditions render soldier unemployable...This one rating includes consideration of both conditions. VASRD 4.16 is the actual paragraph that VA uses to award IU; it has the requirements and details of what it entails listed. So, the 100% rating is clearly an IU rating for my two conditions combined. My schedular rating would have been 80% (50+50), but the USAPDA upgraded it to a 100% rating for individual unemployability. Just like VA pays IU at the 100% rate, DOD considers IU to be an extraschedular 100%. That is to say, even though by the VASRD ratings for my two disabilities I am only normally entitled to an 80% rating, they are awarding a 100% rating because those two conditions combined at their current severity make me unemployable. Now, it's really an academic distinction because retired pay is capped at 75% of your high three base pay, so the difference between 80% and 100% is moot as far as pay goes. The only difference that I see is that I was wondering if getting IU rated by DOD would make it more likely for VA to do so, as well. Best wishes to you, as well, 71infantry. Now, I totally understand what you are saying it it does make sense . As stated never heard of DOD granting IU, but we learn something new everyday. The VA is likely to grant the same....
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havet		#23	[url]	[-]
Posts: 10 Jul 14 11 6:59 PM	:-). One can hope it makes things go a little smoother, at least. I'm trying to just put the whole thing in a mental file cabinet for the next year or two. Not much sense fretting about it. Finally got the packet of info mailed off today after a zillion little things delaying it, so I'm going to just try to put it aside now. My husband and I have been working on getting it organized and filed for several months now, which has really kicked up my PTSD something awful. I hope VA won't require a C&P given the huge paper trail generated by the PEB, but who knows.
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RickDaly	100 Permanent Disable	#24	[url]	[-]
Posts: 2 Aug 13 11 4:52 AM	Jason I also got 100% Permanent unemployability retirement from the MEB board for PTSD, it was a shock because VA gave me 100% also, but have to complete another physical in 4 years, so IU from the DOD medical board really do happen, I waited for the PDA to cut my orders before I posted and was told my orders were cut yesterday. I do have alot of problems and you and this site, has helped me through my process from start to finish, which lasted about 4 years. My advice to anyone who is going thru the MEB/PEB process be truthful, and understand the VA doctors reports hold the most weight. Edited 1 time by RickDaly Aug 13 11 4:55 AM.
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maparker		#25	[url]	[-]
Posts: 2141 Aug 13 11 8:09 AM	Havet, Why didn't you apply for VA benefits upon placement on TDRL some five plus years ago? Sounds like you misssed out on five years of VA benefits that could have been higher than your military disability retirement pay. I know of no reason not to apply immediately to the VA if medically separated or retired from the military. If anyone knows of a good reason, please let me know. About 10-20% of those medically separated from the military do not apply to the VA. I'm curious if there are any circumstances (or misleading information) that keeps these individuals from immediately filing with the VA. I hope this will become a moot issue when the Integrated DES is universally applied in the military. Mike
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RickDaly	VA	#26	[url]	[-]
Posts: 2 Aug 13 11 3:13 PM	I applied for VA benefits while I was on TDRL, and was awarded 100%, but after a year they wanted me to take another C and P, which I did and my next C & P is scheduled for 2016, since I am now Permanent with DOD at a 100%, do you think I should request another exam sooner from the VA?
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