compensation guarentee? discharge code(s)?

Hello all,

I received my findings as follows:

DoD: UNFIT, to be discharged from Active Duty without compensation. (my conditions was EPTS)

VA: 60%

I have consulted many people both at the VA, and PEBLO's Jags etc... over this issue, but have to ask just once more.

I understand I will NOT receive any compensation (Severance) from the navy for my discharge, and I'm ok with that as I'd just be paying back that money anyhow and really wouldn't gain anything from it.

I understand that 60% is equal to $974/mo based on the 2011 VA book, and, that I am entitled to 100% of the GI Bill since I am being discharged medically, AND, my VA findings state for my other conditions are service connected.

However, understanding that will be compensation for life ($+Gi bill), could the VA turn around and go "NOPE! you get nothing". If so, how?

Also, more importantly, how can I figure out what my discharge code(s) will be?

Thank you all!!!
 
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How many years of service do you have? Was there a line of duty determination made regarding your disability?
 
Was the 60% VA for the same conditon the PEB found EPTS?

Was the "EPTS" condition noted on your entry physical? If not, did the PEB provide clear and unmistakable evidence the condition existed prior to service and was not aggravated by service?

Mike
 
Neg. it was 10%. The other issues added up to 60%.

Yes. My scoliosis was noted upon entry and it was listed as pre existing on my med board dictation.
 
Did they provide clear and unmistakable evidence that your scoliosis was not aggravated by service?

Are you in agreement that none of the other conditions contributed to unfitness?

Mike
 
My medical dictation for the PEB stated "..... entered with Pre-existing scoliosis...." followed by the rest of the dictation.

The formal sheet that states my results stated this:

"To be discharged from Active Duty WITHOUT compensation."
Findings: UNFIT

Now, on the VA side of the claim:

10% scoliosis (Primary reason for the PEB). Findings stated aggrivated by service
***additional claims made while at my VA appointment***
30% Migraines(caused by service)
10% shin splints (caused by service)
10% unknown wrist cracking (caused by service)
10% Sinusitius (caused by service)
10% neck tension (caused by service)
=60%
 
You should look to challenge the LOD determination. They still have to overcome presumption of service aggravation.
 
Yes, the VA saying it is service connected and the PEB saying that it is not is definitely a problem. They are required by law to follow the same standard.

Mike
 
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