ptsd Appeal or no?

[TheDon]

I just got my proposed VA ratings back. I was originally referred for an MEB due to Migraines. I have a host of other issues (Meniere's disease and PTSD) that the Army claimed "meets retention standards." The PEB only found me unfit for Migraines even tho I have been inpatient 5 TIMES in 1 YEAR due to severe PTSD. 

So here's what my ratings look like:

PEB Proposed:
Migraines - 50% Permanent Disability Retirement

VA Proposed:
Meniere's disease: 100% Temporary
PTSD : 70% Temporary
Obstructive Sleep Apnea: 50% Permanent
Migraine Headaches: 50% Permanent

Special Comp K: Erectile dysfunction
Special Comp S : Housebound

Needless to say, I'm very pleased overall with these findings. I was expecting to get lowballed. My question is should I appeal the PTSD findings and have the PEB find it unfit? I have the memo from my shrink stating I should have also been referred for PTSD back in November. I have been hospitalized 3 additional times since November for PTSD. I think it would be a very easy argument to make. AR 40-501 states it very obviously that any mental condition that requires "frequent hospitalization" fails retention standards. My only concern is the PEB might propose temporary disability retirement instead of permanent. Any guidance would be much appreciated.

[Andyman73]

With the VA's proposed temp rating, it's because they offer that those issues may improve.  My low back strain/pain was originally temporary, because they reasoned that my DDD could improve over time.  Same for my knees, the cartiledge in the knees could miraculously regrow.

Also, the VA doesn't go by the Service's ratings, they do their own exams and rate from there. However the medical evidence and DXs from your AD time will go very very far in helping you.  I think the Service's tend to under rate, and I think it's more so based on retainability versus disability.  Not sure exactly, sorry.

Hope this helps you a little.

Semper Fi