199 received... 0% ratings

S

Soldiergirll3

PEB Forum Regular Member
Registered Member
So I got my 199 back today. I was sent into this whole
Process for 1 condition ( I claimed other things on the VA side.) The PEB and the Va gave me a rating of 0 because they said that it was a pre existing condition and the army only aggravated it so the are going to separate with severance. OK, understandable.... BUT my PEBLO said that because I got rated at zero I don't have to pay my severance back. However,I did get rated from the VA for my other things that the PEB found fitting. I just want to know if anyone had this happen or heard of such?!!
 
The PEBLO is correct, you are only required to repay the severance pay if the Military and VA have given you a percentage.

Basically you are required to pay back the percentage the VA has given you, as a percentage of your monthly award.

Zero percent of any award amount is zero, thus you do not have to pay back.
 
Was this condition noted on your entry physical? If not, did they provide clear and unmistakable evidence to overcome the presumption of service connection? What was the VA rating prior to offsetting for preexistence?

Mike
 
No it wasn't.....I'm a reservist who went AGR, so they are saying I had problems with my throat prior to coming on Active Duty and that the military only aggravated it.
 
What are they basing the statement of prior existing problems? Unless the issue was noted on your AGR enlistment physical or PHA just prior to AGR contract, then it is assumed that you are fully fit for duty.

Service aggravation is compensable.
 
Did the provide clear and unmistakable evidence that the condition preexisted service? What would be the rating prior to the EPTS offset?

Mike
 
They found me unfit because I can not to
Soldier skills. It was noted on PHAs prior to me coming on to the AGR program. I had to get half of my thyroid removed in 08, I came on AGR 2012.... I was having breathing issues so after multiple test the conclusion was I have a paralyzed vocal cord and nerve damage. After having surgery ( twice ) to removed some of my vocal cords ( to make my cords move more ( they wouldn't open fully for me to get enough air ) I had to have a temp trach put in. After 6 months my doc said that he couldn't remove anymore without the trach being permanent. Therefore, I get short of breathe REALLY quick. This is why they are saying pre existing. Should I fight for a rating from the PEB? Or just leave it as it is? I'm confused.
 
You should fight. You met retention standards prior to coming on AGR status, once active duty the condition was aggravated.
 
You should talk to one of the MEB lawyers. They will tell you/help you with your case if they think your case was unfairly adjudicated.
 
Soldiergirll3 said:
So I got my 199 back today. I was sent into this whole
Process for 1 condition ( I claimed other things on the VA side.) The PEB and the Va gave me a rating of 0 because they said that it was a pre existing condition and the army only aggravated it so the are going to separate with severance. OK, understandable.... BUT my PEBLO said that because I got rated at zero I don't have to pay my severance back. However,I did get rated from the VA for my other things that the PEB found fitting. I just want to know if anyone had this happen or heard of such?!!
Click to expand...
If this is your informal PEB 199 you can appeal and demand a formal PEB. Even if it is the formal you can appeal to the Disability Board of Appeals with Army Review Board Agency. If they found you not fit for retention you must then show that the condition was materially worse as a result of military service to receive a reversal. Could be a fight.
 
Knox_HR_Guy said:
If this is your informal PEB 199 you can appeal and demand a formal PEB. Even if it is the formal you can appeal to the Disability Board of Appeals with Army Review Board Agency. If they found you not fit for retention you must then show that the condition was materially worse as a result of military service to receive a reversal. Could be a fight.
Click to expand...

No, recall that the presumption is that the members enters service in sound condition and any condition is presumed incurred or aggravated by service. The burden is not on the member to show incurrence/aggravation, it is on the service in order to deny compensation.
 
Soldiergirll3 said:
They found me unfit because I can not to
Soldier skills. It was noted on PHAs prior to me coming on to the AGR program. I had to get half of my thyroid removed in 08, I came on AGR 2012.... I was having breathing issues so after multiple test the conclusion was I have a paralyzed vocal cord and nerve damage. After having surgery ( twice ) to removed some of my vocal cords ( to make my cords move more ( they wouldn't open fully for me to get enough air ) I had to have a temp trach put in. After 6 months my doc said that he couldn't remove anymore without the trach being permanent. Therefore, I get short of breathe REALLY quick. This is why they are saying pre existing. Should I fight for a rating from the PEB? Or just leave it as it is? I'm confused.
Click to expand...

Hmm, what's your decision? :confused:

Nonetheless, please keep pressing onward to ensure that injustice doesn't prevail; that's my stance...never default acceptance to potential injustice! Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
Jason Perry said:
No, recall that the presumption is that the members enters service in sound condition and any condition is presumed incurred or aggravated by service. The burden is not on the member to show incurrence/aggravation, it is on the service in order to deny compensation.
Click to expand...
Jason Perry said:
No, recall that the presumption is that the members enters service in sound condition and any condition is presumed incurred or aggravated by service. The burden is not on the member to show incurrence/aggravation, it is on the service in order to deny compensation.
Click to expand...

The "Presumption of Fitness" only applies (see AR 40-400/40-501 and the governing DODI) when a soldier on active duty has an approved retirement and the MEB is transcribed after the date of the retirement approval. The presumption is that the soldier is fit regardless of his/her actual condition. Remember, however, that this presumption is a rebuttable presumption. If the condition is an acute/serious event that renders the soldier unfit for further service IAW AR 40-501 or a chronic condition that has become materially worse since the retirement was approved there may be grounds to overturn the presumption. It is difficult to say the least but I have seen it happen. In the absence of the approved retirement there is no automatic presumption that I am aware of. However, there is a presumption that the soldier would wants to continue to serve. Remember that the MEB determines whether or not you meet the retention standards. The PEB will decide if you are qualified or capable of serving in your MOS or another MOS with or without restriction.
 
Warrior644 said:
Hmm, what's your decision? :confused:

Nonetheless, please keep pressing onward to ensure that injustice doesn't prevail; that's my stance...never default acceptance to potential injustice! Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
Click to expand...
My opinion....ALWAYS FIGHT FOR A RATING. Especially if you feel that your condition has been "Aggrevated" by military service. There is no harm in the fight but you could suffer from surrender.
 
Knox_HR_Guy said:
The "Presumption of Fitness" only applies (see AR 40-400/40-501 and the governing DODI) when a soldier on active duty has an approved retirement and the MEB is transcribed after the date of the retirement approval. The presumption is that the soldier is fit regardless of his/her actual condition. Remember, however, that this presumption is a rebuttable presumption. If the condition is an acute/serious event that renders the soldier unfit for further service IAW AR 40-501 or a chronic condition that has become materially worse since the retirement was approved there may be grounds to overturn the presumption. It is difficult to say the least but I have seen it happen. In the absence of the approved retirement there is no automatic presumption that I am aware of. However, there is a presumption that the soldier would wants to continue to serve. Remember that the MEB determines whether or not you meet the retention standards. The PEB will decide if you are qualified or capable of serving in your MOS or another MOS with or without restriction.
Click to expand...
You are confusing presumption of fitness with what I am talking about- the presumptions of sound condition and service aggravation. These are covered in some detail in DoDI 1332.38.

Also, PEB is required to assess fitness based on current MOS (they cannot look at how you would perform in another MOS...there is a different board that can recommend reclass, though. It used to be called MMRB, now it is MAR2).
 
My VA letter says they deny all claims But shows what they mignt have given if they had addind up tp 90% i guess. How can the VA deny me if everything points to incurred in pay status, aggravated by service, and did not exist prior to service, based on NARSUM & 3847? Does the VA over rule the Hospital who wrote the findings?

Does that mean since VA denied me so will the Army? I do not have a DA 199 nor a memo telling me I am unfit but VA has stated in their letter that I was found unfit.

What happens next?
 
Knox_HR_Guy said:
My opinion....ALWAYS FIGHT FOR A RATING. Especially if you feel that your condition has been "Aggrevated" by military service. There is no harm in the fight but you could suffer from surrender.
Click to expand...

Indeed, I concur 100% while it's exactly my point-of-fact for sure! ;)

Nonetheless, never default acceptance to potential injustice is my stance; fight then continue to fight some more until receipt of your desired expectations!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 
Bigsargesfcp said:
My VA letter says they deny all claims But shows what they mignt have given if they had addind up tp 90% i guess. How can the VA deny me if everything points to incurred in pay status, aggravated by service, and did not exist prior to service, based on NARSUM & 3847? Does the VA over rule the Hospital who wrote the findings?

Does that mean since VA denied me so will the Army? I do not have a DA 199 nor a memo telling me I am unfit but VA has stated in their letter that I was found unfit.

What happens next?
Click to expand...

There are quite a few scenarios that can take place. How long have you been in the Army? Let's start there.
 
I have 31 years 10 months x days.
I just spoke to the Va Rep and neither of us seem to under stand how DoD gives me 70% PDRL and Va deny all 0.

Am I going out a 70% Disabled Vet or not? Who will pay and what will I receive? I Still have a 5 yo appeal pending which both have LOD's, will Va deny those too? Is whatever I may get taxable? If it's a DoD rating is it back paid?

What's the Difference between DoD Rating and Va Rating?

I'm confused.
 
You must log in or register to reply here.
Top