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I was rated 50% for mental health and placed on the TDRL in 2014. In 2016, I was placed on the PDRL. Fast forward to 2020, the VA is reevaluating me. I heard that the VA shouldn't be doing this because they usually take a PEB's opinion on stability into consideration. Is that true? Should I upload the 2016 PEB decision as evidence in my favor or bring it to my C&P exam? Please advise. Thanks. -
Please, welcome new VET2VET podcast episode: https://youtu.be/waV5t0HPtbM Today we are joined by Thomas Wendel, DAV National area supervisor for West Cost Region. Thomas E. Wendel served in the U. S. Marine Corps from 1983 until 1997. Since 1999, Tom has worked assisting veterans in processing various entitlement claims on the local, state and federal levels; first in Clare County as a county service officer and then when he came to work for the Disabled American Veterans in 2000. In 2008 he was promoted to the position of supervisor of the DAV Service Office in Detroit and later he was promoted to the position of supervisor of the DAV National area for West Cost Region. DAV is America’s largest, most effective veterans service organizations dedicated to the needs of those injured, ill or wounded in service. We have more than 1,300 Chapters in communities nationwide to help make sure veterans from all generations and their families get the benefits and support they deserve. Today, nearly 1.3 million veterans belong to DAV, and we encourage you to add your voice to the cause. Our programs and free services help all veterans get the health, disability and financial benefits they earned. Take advantage of our benefits claims assistance, medical transportation and employment resources. Your local DAV Chapter is a great way to connect with fellow veterans in your area. ★ JOIN US IN OUR COMMITMENT TO YOU AND OUR FELLOW VETERANS ★ ▶ facebook.com/VETOVET2 ▶ itunes.apple.com/us/podcast/vet2vet/id1077206523?mt=2 ▶ twitter.com/VETOVET2 ▶ youtube.com/c/VETOVET2 ▶ plus.google.com/u/0/+VETOVET2 ▶ goo.gl/app/playmusic?ibi=com.google.PlayMusic&isi=691797987&ius=googleplaymusic&link=https://play.google.com/music/m/Iiqawbuzg7eviiyqm6xz7kju62m?t%3DVET2VET ▶ feeds.soundcloud.com/users/soundcloud:users:198832065/sounds.rss ▶ soundcloud.com/vet2vet ▶ stitcher.com/s?fid=80842&refid=stpr ★ LIMITED LIABILITY CLAUSE ★ THE INFORMATION AVAILABLE THROUGH THE VET2VET MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VET2VET MAY MAKE IMPROVEMENTS AND/OR CHANGES OF THE CONTENT AT ANY TIME. ADVICE RECEIVED VIA VET2VET SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF VET2VET, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE CONSULTING VET2VET.
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#12 SERVICE CONNECTION
VETOVET posted a question in VA Disability Compensation Benefits Claims Research Forum
Please, welcome new VET2VET podcast episode: https://youtu.be/9paX1-FyCaI Today we’re talking about SERVICE CONNECTION. When we talk about service-connecting a medical condition, disease, injury or illness to military service, we are talking about proving the relationship between the two. 1) Direct Service Connection 2) Service Connection by Aggravation 3) Presumptive Service Connection 4) Secondary Service Connection 5) Service Connection due to Injury Caused by Treatment in the VA Healthcare System 6) Special Service Connection Rules for Post-Traumatic Stress Disorder ★ JOIN US IN OUR COMMITMENT TO YOU AND OUR FELLOW VETERANS ★ ▶ facebook.com/VETOVET2 ▶ itunes.apple.com/us/podcast/vet2vet/id1077206523?mt=2 ▶ twitter.com/VETOVET2 ▶ youtube.com/c/VETOVET2 ▶ plus.google.com/u/0/+VETOVET2 ▶ goo.gl/app/playmusic?ibi=com.google.PlayMusic&isi=691797987&ius=googleplaymusic&link=https://play.google.com/music/m/Iiqawbuzg7eviiyqm6xz7kju62m?t%3DVET2VET ▶ feeds.soundcloud.com/users/soundcloud:users:198832065/sounds.rss ▶ soundcloud.com/vet2vet ▶ stitcher.com/s?fid=80842&refid=stpr ★ LIMITED LIABILITY CLAUSE ★ THE INFORMATION AVAILABLE THROUGH THE VET2VET MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VET2VET MAY MAKE IMPROVEMENTS AND/OR CHANGES OF THE CONTENT AT ANY TIME. ADVICE RECEIVED VIA VET2VET SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF VET2VET, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE CONSULTING VET2VET.- 2 replies
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tdiu #9 100% P & T
VETOVET posted a question in VA Disability Compensation Benefits Claims Research Forum
Please, welcome new VET2VET podcast episode: https://youtu.be/sTH3p-WwXn0 The way VA defines The word "permanent" slightly differently. For that matter, the word total doesn't mean total when discussing a disability. These are just terms to VA. There really isn't a protected rating. Any rating can be modified by VA at any time, depending on the circumstances. How do you know if your benefit is P & T? What is IU? What is substantially gainful employment? Are there any other eligibility requirements? How is the way VA decides total disability different from other agencies? TDIU awards may be permanent or they may be temporary. If I get a 100% rating, should I continue fighting the VA for benefits? SMC compensation Can you think of any other scenarios were a Veteran might want to keep filing to VA after they reach a 100% rating? ★ JOIN US IN OUR COMMITMENT TO YOU AND OUR FELLOW VETERANS ★ ▶ facebook.com/veterantoveteran/ ▶ itunes.apple.com/us/podcast/vet2vet/id1077206523?mt=2 ▶ twitter.com/veterantovetera/lists/vet2vet ▶ youtube.com/channel/UCebXFpogeJ9r4EqRyxHriYQ ▶ plus.google.com/u/0/+VETOVET2 ▶ goo.gl/app/playmusic?ibi=com.google.PlayMusic&isi=691797987&ius=googleplaymusic&link=https://play.google.com/music/m/Iiqawbuzg7eviiyqm6xz7kju62m?t%3DVET2VET ▶ feeds.soundcloud.com/users/soundcloud:users:198832065/sounds.rss ▶ soundcloud.com/vet2vet ▶ stitcher.com/s?fid=80842&refid=stpr ★ LIMITED LIABILITY CLAUSE ★ THE INFORMATION AVAILABLE THROUGH THE VET2VET MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VET2VET MAY MAKE IMPROVEMENTS AND/OR CHANGES OF THE CONTENT AT ANY TIME. ADVICE RECEIVED VIA VET2VET SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF VET2VET, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE CONSULTING VET2VET. -
OK I have a strange question I was put up for a med board toward the end of my service before I received my recommendation for my medical discharge I received my honorable discharge Question IM now rated at 40 % at the VA could I retroactively request a medical retirement? IM just really confused what happened . They lost my paper work and I received my discharge before my meb evaluation was put through did I get screwed ? Can I have it changed ? There are some benefits from being retired that I cannot get just being disabled
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MEB/PEB Findings, need advice
Manonfire posted a question in Entitlement - Veterans Compensation Benefits Claims
Hello again everyone. I recently received my records from the National Archives. My case goes all the way back to 1988 when I first filed with VA for back pain and was denied (reason - preexisting condition), and again in 2006 and was denied again (reason - preexisting condition). I was hoping I would have been awarded due to a service aggravated condition. I've attached my MEB and PEB findings from 1988 and was hoping Berta, Asknod, along with any others, could take a look and give an opinion. I had no issues during basic training and AIT. I was injured two weeks prior to the start of active duty, after being in the reserves two years, in a motorcycle accident. I was injured again during field training a few months after being deployed into Germany. From there I have a clear record of treatment afterwards thus leading to the MEB/PEB findings and discharge. This past year I was finally granted medical care access by VA after 27yrs. The VA had kept saying I wasn't eligible prior to this because of the 24-months of service rule even though my discharge or DD214 clearly says "Physical Disability with Severance Pay," which nullified that rule. So I'm finally getting treatment for my back, anxiety, depression, sleep apnea, and a number of other issues for which I'm grateful. When/IF I get the C-File, I'll post those earlier VA decisions and more information. Five months ago DAV sent a FOIA request to VA for my C-File for which I am still waiting a copy and status update. Neither the VA nor the DAV Cleavland office has responded to my emails or messages left. Ebenefits shows the request was closed in August of this year so I'm not sure what else I can do to get them to give me a copy. As always, thank you all for your input. This site is an incredible resource in navigating the VA maze. I have learned so much here. Thanks again and I look forward to your help. MEB P1.tif MEB P2.tif MEB Proceedings.tif PEB Proceedings.tif -
I'm asking this question to see if anybody else has ever run into this, and this question is pertaining to only one of the conditions I was found unfit for. I was medically discharged out of the Army National Guard through the IDES system. The MEB determined that my degenerative disc disease, "was not incurred while entitled to base pay", did not "exist prior to service" but was "permanently aggravated by service". In the MEB Board summary "this condition could be a result of military duty during deployment, with permanent injury occurring while not on duty status". I should also note that I had been seen while in AIT for back pain due to sit-ups, and also was seen by an army doctor due to back pain upon return from deployment. (all documented in the records). As is the process with the IDES system, my MEB paperwork was sent to the VA for a rating. The VA's determination was: "2 . Service connection for lumbar spine degenerative disc disease (claimed as back) is denied. NIS; STR; NONEX 1. The veteran reported injuring his back in 2009 or 2010 at the beach and there is no evidence of a Nexus to active duty service. Therefore, SC is denied." "Your service treatment records did not contain complaints, treatments or, diagnoses for this condition." BUT for the purpose of the PEB: "For PEB purposes only-the evaluation for lumbar spine degenerative disc disease is 20% disabling based on ROM. This makes the combined evaluation for PEB referred conditions of 40% disabling (20% for right ankle and 20% for lumbar spine=40%)" Now here is where it gets odd, when I received my PEB documents there was not one mention of the degenerative disc disease. It was as if it magically disappeared after the VA disagreed with the MEB determination. Other conditions that were found "fit" for duty were even included in the PEB but anything relating to my back was not mentioned. My questions are: Has anybody else had the VA disagree with the MEB determination without providing any sound medically analysis to over ride their decision? I thought that Horn v. Shinseki, 25 Vet.App. 231, 235 (2012) determined “VA may not rest on the notion that the record contains insufficient evidence of aggravation,” and the Secretary’s failure “to produce clear and unmistakable evidence of lack of aggravation” entitles a claimant to a finding of in-service aggravation of the preexisting condition).” Has anybody else successfully appealed a VA decision similar to this one? and if so what was the approach you took when appealing the decision? -
Ptsd Meb/peb Crsc Help
NorthCoasty posted a question in Entitlement - Veterans Compensation Benefits Claims
So I'm new, been searching everywhere and it seems most relevant information is on a case by case information. Any help would be greatly appreciated. My situation: Currently active duty less than 4 years of service. In the early stages of getting MEB, package hasn't been sent off yet. In past year there was incident on duty out at sea shots fired, and a death, i wasnt physically harmed but did develop PTSD and depression. The base doc sent me to the VA to get an assessment, VA initally said 30% confirmed PTSD, now in process of discharging me due to PTSD( over 6 months now), im fine with that. My life is completely different or at least I am. I think VA doc said 30% for like longterm but there is absolutely no way I can function at work. My questions: 1.If being medboarded out for PTSD is it an automatic 50% 2.Since my disability is directly related to duty and i would say probably (armed conflict?) would I qualify for CRSC, I'm in CG so not sure how that affects anything. 3. Since my situation is pretty clear cut should i worry about the military trying to lowball me at PEB, should i get a lawyer or is JAG sufficent. Im sure I have plenty of other questions just wanted to learn as much a possible before it happens. I'm messed up, my marriage is struggling due to me being a wreck, I just want what Im entilted to. -
Hello Guys I am new to the site. I am an E-5 Active in the Navy. I am being put on a PEB. I will see the Navy doc next thursday and we will start the process. What happens after I see him and my paperwork is submitted. I hear that since they skipped the MEB and went straight to a PEB that it is a good thing, and everything should be quick. My PEB is for Crohns Disease, and I have a damaged left testicle that required recent testicular surgery, that I injured in OEF. I have many other issues: 2 knee surgeries, bad left knee, bad lower back, torn shoulder rotater cup, Gastric Reflux so bad that I have been tested twice for throat surgery, and I contracted MRSA from Walter Reed Medical Center, and had it cut out of my 4 times. It would be nice if anyone can give me any advice. Thanks and good luck to you all. Navyman
