Rated 100% perm/total, during MEB/PEB will I be given new C&P by VA?

[Navyboy2064]

Hey guys,

Any information is appreciated. Im already rated 100% p/t for PTSD, MDD by VA for 7 yrs. Discharged 15 yrs ago. I requested Military Disability Retirement for undiagnosed PTSD to BCNR. If granted and referred to MEB/PEB, do I have to do another C&P exam during MEB/PEB process? Thanks in advance. 

Edited August 14, 2018 by Navyboy2064

[Berta]

"I requested Military Disability Retirement for undiagnosed PTSD to BCNR."

Can you clarify ?

 

[vetquest]

What you I got in this situation was a letter telling me once my discharge was final any and all further claims would be handled by the VA.

I am not saying you cannot win a BCNR case.  My discharge in 1986 was illegal and five years later I was retired with full benefits by the BCNR.

[Navyboy2064]

4 hours ago, Berta said:

"I requested Military Disability Retirement for undiagnosed PTSD to BCNR."

Can you clarify ?

 

My discharge was upgraded by BCNR because of undiagnosed PTSD, Hagel PTSD memo from OTH to General Under Honorable Conditions. Now, requesting my  Military Disability Retirement. I was never referred to an MEB even though my chain of command knew about my condition. Now with a lawyer many years later I’m still fighting for my benefits. Question, if granted, and referred to MEB/PEB, since I’m already rated 100% P/T by VA, during MEB/PEB will I have to go to another C&P exam? Am I risking my rating by requesting my Military disability retirement? 

[Navyboy2064]

36 minutes ago, vetquest said:

What you I got in this situation was a letter telling me once my discharge was final any and all further claims would be handled by the VA.

I am not saying you cannot win a BCNR case.  My discharge in 1986 was illegal and five years later I was retired with full benefits by the BCNR.

Of course so now I’m wondering since I’m kind of going backwards, already rated by VA for 7 years 100% P/T, if granted my disability retirement, and referred to MEB, will I be given new CP exam by VA? Am I risking my rating? Don’t want to lose it since it’s permanent and total. 

[vetquest]

If you are combat related PTSD you could request concurrent payment.  The military usually lowballs to 30%.  If you are not requesting concurrent payments I do not see where this would benefit you because your VA retirement is greater than what the military would give you and you would just draw VA.  Either way I do not see were a PEB would cause a new C&P at the VA.  They most likely will not have you stand an MEB.  When my discharge was upgraded they called a PEB and activated me for one day to appear at the PEB using medical records from my discharge.

This is all opinion though, I am not a lawyer.

Edited August 15, 2018 by vetquest

[Navyboy2064]

46 minutes ago, vetquest said:

If you are combat related PTSD you could request concurrent payment.  The military usually lowballs to 30%.  If you are not requesting concurrent payments I do not see where this would benefit you because your VA retirement is greater than what the military would give you and you would just draw VA.  Either way I do not see were a PEB would cause a new C&P at the VA.  They most likely will not have you stand an MEB.  When my discharge was upgraded they called a PEB and activated me for one day to appear at the PEB using medical records from my discharge.

This is all opinion though, I am not a lawyer.

I read on: https://www.dfas.mil/retiredmilitary/disability/crdp.html

And my lawyer confirmed concurrent pay is automatic, also if I receive Disability Retirement then because of my 100% p/t VA rating then I would qualify for Concurrent VA and Retirement pay. 

• you are a disability retiree who earned entitlement to retired pay under any provision of law other than solely by disability, and you have a VA disability rating of 50 percent or greater. You might become eligible for CRDP at the time you would have become eligible for retired pay.
• You do not need to apply for CRDP. If qualified, you will be enrolled automatically.  

I also have my congressman helping me. I'm just wondering about the MEB/PEB process and a new C&P exam. I read on the PEB forum that Vets that already had a VA rating had to go through another C&P exam and I just hope that doesn't happen to me.