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DIAGNOSIS CATEGORIZED EPTS but PERMANENTLY AGGRAVATED BY SERVICE


Colombianace25

Question

I am being Medboarded for PTSD and Bipolar Disorder. It was classified as “EPTS and permanently aggravated by service” even though i came in the service with ZERO already existing conditions. I did not have ptsd or bipolar before i joined. It was not ever noted in my initial entry exam. However they still classified it as EPTS. My question is; what is the highest rating a condition that is considered EPTS but permanently aggravated by the service can receive ? Is there a limit one can get as a percentage because it was categorized as EPTS ?  


 

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  • HadIt.com Elder

"Veteran shall be taken to have been in sound condition when examined, accepted and enrolled for service, except as to defects, infirmities or disorders noted at the time of the examination, acceptance and enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by such service. 38 U.S.C.A. § 1111; 38 C.F.R. § 3.304(b). To rebut the presumption of sound condition, VA must show by clear and unmistakable evidence (1) that the disease or injury existed prior to service, and (2) that the disease or injury was not aggravated by service. "Wagner v. Principi, 370 F.3d 1089 (Fed. Cir. 2004).


Do you have a PEBLO helping you?

This sounds like some Military BS- however- and you are not the only service person to go through the EPTS crap ( because it is often crap)

I assume you didnt have a LOD ? Or a formal NARSUM yet?

This forum might help:

https://www.pebforum.com/forums/medical-evaluation-board.42/

You are not alone.

As the regulation above and the Wagner V Principi citation states, the VA MUST PROVE with evidence that these conditions pre- existed your service.

Without that proof  from VA,  you have a claim basis for direct Service connection.

The way VA rates MH disabilities is here and in a recent post- I will try to find that.

Are you an OIF/OEF incountry serviceman? (Afghanistan /Iraq)

 


 

Edited by Berta
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1 hour ago, Berta said:

"Veteran shall be taken to have been in sound condition when examined, accepted and enrolled for service, except as to defects, infirmities or disorders noted at the time of the examination, acceptance and enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by such service. 38 U.S.C.A. § 1111; 38 C.F.R. § 3.304(b). To rebut the presumption of sound condition, VA must show by clear and unmistakable evidence (1) that the disease or injury existed prior to service, and (2) that the disease or injury was not aggravated by service. "Wagner v. Principi, 370 F.3d 1089 (Fed. Cir. 2004).


Do you have a PEBLO helping you?

This sounds like some Military BS- however- and you are not the only service person to go through the EPTS crap ( because it is often crap)

I assume you didnt have a LOD ? Or a formal NARSUM yet?

This forum might help:

https://www.pebforum.com/forums/medical-evaluation-board.42/

You are not alone.

As the regulation above and the Wagner V Principi citation states, the VA MUST PROVE with evidence that these conditions pre- existed your service.

Without that proof  from VA,  you have a claim basis for direct Service connection.

The way VA rates MH disabilities is here and in a recent post- I will try to find that.

Are you an OIF/OEF incountry serviceman? (Afghanistan /Iraq)

 


 

To respond to Berta. Yes i have a peblo. I am waiting on my ratings now since PEB did my formal exam and agreed with the findings. When i first saw the EPTS i went to legal. The lawyer said it wouldn’t affect my rating and that i will be fine. I took his word. Signed off that i agreed with the PEB findings. But i couldn’t shake the thought of the EPTS. I get conflicting answers online. I read that the va rates the EPTS by subtracting the percentage  you were already “disabled” upon entry by what they would normally rate you if it were service connected. But i don’t have a prior percentage. I was healthy lol. If i get a poor rating back I’m fighting it. But i wish i had listened to my gut feeling. 

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  • HadIt.com Elder

It might go OK for you-we have some members here who went through the same thing.

Please make sure you go to all briefings you can-before you formally leave the Mil- such as the VA briefing etc etc.

They might even have a service rep from DAV,AL, VFW to help you start  a claim right away.

When a vet files a claim with VA during their first year after discharge, and if VA awards it, the EED ( Earliest entitlement date) for retro payment

of comp should be the day after their discharge date.

 

 

 

Edited by Berta
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