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Jul 14 11 9:00 AM
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.
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