Can anyone help?

[Lotgoingon25]

I am being Med boarded for a LOD from wreck that I had (2023). I am 8 years in service and almost 3 years as a Technician.
I recieved a permanent profile in 2024 and was sent to MED Jun 10th 2025 I just got a memo stating I was unfit for duty July 31 2025. I filled out a SHA and a counseling statement for doing IDES. I currently have a 70% rating for everything related to the LOD and nothing else. I filled that paper as thorough as possible.
I had intended to dispute my original 70% because its missing important things like a malunion of the bone.

I've been doing research and Its a lot,but some questions I have are a lot of people are talking about a PEBLO and how great they are. How do I get one?

It would be nice to know where im at in the process.
How does this work already having a VA rating and will this cause issues with my 70%.

With all my VA % being from the LOD will my DOD rating be similar to that.

I am losing a life long career that I went to school for and will be losing my technician job. If anyone can shed light on this that would be awesome. Thank you

 

[magnus017]

Lots to unpack here. You are in the guard, so the guard will have to do a local "State" board to determine if you're eligible for continued service (It appears this is the stage you've reached).

Next comes the formal board (federal level). Which is the MEB. This is the first level that actually matters. You will be assigned a PEBLO and an MSC at this point. The PEBLO is a paperwork pusher (occasionally they can be very helpful, but this isn't always the case, they are there to keep you on the timeline). Next you'll be contacted by an MSC. They will take all your conditions and submit them (both for VA rating and DoD unfitting condition rating). The MSC will coordinate/schedule your new C&P exams. They will examine you for everything claimed for VA percentage purposes, but only for your referred conditions (it's whatever is on your P3 profile) for DoD percentage. Your VA rated 70% doesn't really mean much at this point. The DoD will use VA rating scales (if you choose IDES).

If any of your conditions are marked as unfitting by the MEB, then they will be sent back to the VA to get you a percentage. The rating will only matter for things marked as unfitting on your NARSUM. It is very likely this won't be the 70% VA rating you already have. You need 30% or greater to be medically retired. 20% or less and you just get separated (severance check (which will be recouped with VA payments), and no healthcare benefits). 30% or greater and you'll be medically retired.

Each of these steps can be appealed/accepted. You'll be given an opportunity to seek legal counsel (DoD provided). Although in the guard/reserves it's going to be over the phone, and they are quite busy. Private attorney is a good option if you can afford it (10 grand or so).

To sum up your questions with short answers:

1. You will be assigned a PEBLO/MSC once you reach that stage. Don't worry about it.

2. Already having a VA rating doesn't mean much. You'll have to redo all the exams. You can opt to have the MEB rate things for DoD purposes only (no risk to VA rating). Your MSC will send you a memo if you want to do this.

3. Your VA rating and DoD rating likely will be very different. You are fighting to get to 30% DoD.

Hope this helps.

 

[Lotgoingon25]

This information is priceless. Thank you for structuring it the way you did as well. I can reference this post and not have to look everywhere.

I hope it goes 30% or greater because Im Losing everything I've worked for. I did read that they will use existing C&P exams if they are within a year. So hopefully they just use those! The shoulder was 30% through the VA and is the main reason for loss.

I will be patient and wait to see what's to come. Ill try and give updates as well. Thank you for the response! Big help in lots of ways!

 

[magnus017]

You can rough estimate what your DoD percentage will be by looking at your old C&P exams, what your profile says on MEDPROS/IPPS-A, and referencing the 38 CFR (Federal Register :: Request Access).

IF at the end you disagree still with your referred conditions, you can request a VARR to potentially add things. Note: Requesting things like an IMR (independent medical review), a FPEB (Formal PEB), or submitting a VARR (VA Request for Reconsideration) all can add significant time to the process, but ultimately is usually worth it in the long run. Your lawyer should be pretty helpful here.

 

[Lotgoingon25]

Awesome, I found in medpros my DA 3349 I have a 3 there and says- reason for profile is Upper Arm Injury/pain. Im going to check out the 38 CFR you referred. Dunno if I can see a break down of c&p exam but the letter the VA sent with the decision had a great breakdown. Its how I knew some things were missing.

I tried to get a lawyer. No civilian would take me (tried 3 different ones). I got briefed on the right to have a layer and they gave me a link that I went to. However it said western region (im in the east) and wasn't very helpful. Just gave a list of bases. Ill check that out again and do some clicking. It would be nice to have someone along side with this. It has mostly just been hey fill this out turn this in and wait!

 

[magnus017]

Awesome, I found in medpros my DA 3349 I have a 3 there and says- reason for profile is Upper Arm Injury/pain. Im going to check out the 38 CFR you referred. Dunno if I can see a break down of c&p exam but the letter the VA sent with the decision had a great breakdown. Its how I knew some things were missing.

I tried to get a lawyer. No civilian would take me (tried 3 different ones). I got briefed on the right to have a layer and they gave me a link that I went to. However it said western region (im in the east) and wasn't very helpful. Just gave a list of bases. Ill check that out again and do some clicking. It would be nice to have someone along side with this. It has mostly just been hey fill this out turn this in and wait!

So likely what that means is you are being med-boarded for your shoulder only. If it is found unfit, then the percentage will almost entirely be based on range of motion. Attached is a screenshot of the section of the CFR that will likely relate to your condition.

As for your lawyer situation, @Provis has a list of vetted MEB/PEB attorneys he recommends. I'm currently using one of them. Ask him for a list.

 

[Provis]

Awesome, I found in medpros my DA 3349 I have a 3 there and says- reason for profile is Upper Arm Injury/pain. Im going to check out the 38 CFR you referred. Dunno if I can see a break down of c&p exam but the letter the VA sent with the decision had a great breakdown. Its how I knew some things were missing.

I tried to get a lawyer. No civilian would take me (tried 3 different ones). I got briefed on the right to have a layer and they gave me a link that I went to. However it said western region (im in the east) and wasn't very helpful. Just gave a list of bases. Ill check that out again and do some clicking. It would be nice to have someone along side with this. It has mostly just been hey fill this out turn this in and wait!

Attorneys don't need to be local. There are only a handful of private ones that specialize in this. The ones that do are very good at it though. I will send you a list via direct message. They are expensive but you get what you pay for.

Also, look at hiring a FERS disability attorney. They get paid on contingent so if you hire one they don't get paid unless you win.

 

[Lotgoingon25]

Yep I saw that.

Its inaccurate because there is nothing about my malunion. Just the 45 ROM (which gave 30%)

My other claims say secondary neck/headache injury from service connected shoulder disability. Do you know if that will be included?

Stinks if not because I've found out that the neck injury was from the accident (whiplash) caused damage to 3 neck joints.

Thanks! Is @Provis on this website? I might be premature on a lawyer, but also think it would be nice to just have one. Just in case. Thank you again! The last lawyer (civilian) said noone will take my case because im still in and get one for free.

 

[Lotgoingon25]

He just messaged me.

 

[magnus017]

Yep I saw that.

Its inaccurate because there is nothing about my malunion. Just the 45 ROM (which gave 30%)

My other claims say secondary neck/headache injury from service connected shoulder disability. Do you know if that will be included?

Stinks if not because I've found out that the neck injury was from the accident (whiplash) caused damage to 3 neck joints.

Thanks! Is @Provis on this website? I might be premature on a lawyer, but also think it would be nice to just have one. Just in case. Thank you again! The last lawyer (civilian) said noone will take my case because im still in and get one for free.

Definitely tell that to your examiner, and make sure the documentation is uploaded to the VA ASAP. I was referred for lower back/lower extremities but they connected my cervical spine too based on supplied evidence. It's rare but it is possible to have a condition added during before your NARSUM is generated.

 

[Provis]

Yep I saw that.

Its inaccurate because there is nothing about my malunion. Just the 45 ROM (which gave 30%)

My other claims say secondary neck/headache injury from service connected shoulder disability. Do you know if that will be included?

Stinks if not because I've found out that the neck injury was from the accident (whiplash) caused damage to 3 neck joints.

Thanks! Is @Provis on this website? I might be premature on a lawyer, but also think it would be nice to just have one. Just in case. Thank you again! The last lawyer (civilian) said noone will take my case because im still in and get one for free.

Never too early to get an attorney. You don't get one once you are already screwed. Less options for your attorney. instead hire one from the very beginning and they can help shape your case and at each point where you get off track your attorney will be there to appeal and show a constant track record of advocating for you which will be apparent to the FPEB if you ultimately end up there.

 

[Provis]

Definitely tell that to your examiner, and make sure the documentation is uploaded to the VA ASAP. I was referred for lower back/lower extremities but they connected my cervical spine too based on supplied evidence. It's rare but it is possible to have a condition added during before your NARSUM is generated.

FYI: My wife hired one before she was even referred to IDES. She knew she was going to be found unfit as she was already referred earlier to a fit for duty exam. Her commander rescinded it to give her more time to try to heal. Though she wasn't getting better so she hired one so that all of her ducks would be in a row from the beginning. That was the very best decision she ever made. It made the entire process much less stressful. She had a game plan for getting realistic results that were attainable. She had homework on things she needed to do medically. She knew what to say at C&P exams. She knew at each stage her attorney would step in and appeal and do all the work if the results weren't what they needed to be. BTW at pretty much every single step she needed an appeal. But the end result was the best case scenario! Even if that wasn't the end result she could be confident that she got the best results possible because she had dedicated competent representation verse an overworked JAG who had way too many cases to do the things her private attorney did.

 

[Lotgoingon25]

FYI: My wife hired one before she was even referred to IDES. She knew she was going to be found unfit as she was already referred earlier to a fit for duty exam. Her commander rescinded it to give her more time to try to heal. Though she wasn't getting better so she hired one so that all of her ducks would be in a row from the beginning. That was the very best decision she ever made. It made the entire process much less stressful. She had a game plan for getting realistic results that were attainable. She had homework on things she needed to do medically. She knew what to say at C&P exams. She knew at each stage her attorney would step in and appeal and do all the work if the results weren't what they needed to be. BTW at pretty much every single step she needed an appeal. But the end result was the best case scenario! Even if that wasn't the end result she could be confident that she got the best results possible because she had dedicated competent representation verse an overworked JAG who had way too many cases to do the things her private attorney did.

This is how im feeling about things. Tomorrow im going to reach out to some of those you listed. Thanks for that!
Sounds like me and her are similar. I was looking better for the first year then the whiplash damage started showing itself! Now I just can't do my job without ending up back in the hospital and going back to acupuncture, chiro, PT.

 

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