Genetic Disorder

T

TRome93

PEB Forum Regular Member
Registered Member
Good Afternoon,

I have recently been diagnosed with a pretty rare and serious genetic disorder. My IDES lawyer is confident (95%) that this condition will be found to be aggravated by Military Service (USMC) and thus will be covered. He is confident because there is ample case precedents for a medical separation. My question is this, I have recently been going to behavioral health on base for counseling for anxiety and depression in relation to my recent diagnosis. In my VA exam for the MEB the Dr. said I have "chronic adjustment disorder with anxiety and depressive symptoms". From what she wrote I gather I will receive 30% if they indeed find me unfit to continue service. My question is this: Will this 30% for my mental symptoms be a referred condition and thus added to my DOD%, since it is directly related to my original condition? Or will this be covered separately under VA compensation? Thank you for your assistance, I am just waiting from the PEB to look over my case, but was told it will take 2-4 months to hear anything back.


,Semper Fi
 
The other MH conditions are different it could be filed as secondary or direct whether or not unfit is hard to say at the minimum it will be rated by the VA.
 
Be prepared for a fight with Genetic disorders do your research on your disability and prepare your own evidence. The military will try and counter it with natural progression in any way they can. I got hosed that way I am trying to fight in with the BCMR. Your the best advocate for yourself I was told the same thing that service aggregation and environmental factors could trigger the disease but the USAF was persistent on saying not enough evidence on that. So my advice as a fellow Vet prepare your self with all you can your PEBLO will only go so far. Good luck I hope it all goes In your favor.
 
Yes, I have a few case precedents to hopefully amplify my case for aggravation. I thought it was the Military and the VA who had the burden of proof. They have to prove that your case was not aggravated in anyway, without a doubt. Is that not the case to your understanding. Good luck on your case as well "Ed2w1"
 
They will get the least amount of information to prove it wasn’t you have to prove it was with whatever you can to support your case. I hate to say it but they aren’t all on your side I was fooled when I was in as well thought mine was a for sure win at the FPEB and I got 70% Perm retired then had it overturned by the secretary of the Air Force staff. EPTS. I was young and stupid and did what they said. I should have fought harder for myself and showed them the environmental factors that could cause my condition. So my advice be prepared for a curve ball. Have your evidence on hand just Incase they want to bull shit you with a non service aggravation. This goes for both DoD and VA
 
Ed2w1 said:
They will get the least amount of information to prove it wasn’t you have to prove it was with whatever you can to support your case. I hate to say it but they aren’t all on your side I was fooled when I was in as well thought mine was a for sure win at the FPEB and I got 70% Perm retired then had it overturned by the secretary of the Air Force staff. EPTS. I was young and stupid and did what they said. I should have fought harder for myself and showed them the environmental factors that could cause my condition. So my advice be prepared for a curve ball. Have your evidence on hand just Incase they want to bull shit you with a non service aggravation. This goes for both DoD and VA
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Yea, that is upsetting for you and I am sorry to hear that. I will definitely take your advice and prepare to fight. Thank you.
 
TRome93 said:
Yea, that is upsetting for you and I am sorry to hear that. I will definitely take your advice and prepare to fight. Thank you.
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I was gonna ask you what case precedents where you going to use or did use if you already have ? I was going to let you know about one of o’bryan v. McDonald it’s a good one based on hereditary diseases. I am using it on my BCMR hope it carries some weight because it is the same as my disease.
 
Update: I was rated at 70% VA and 0% DOD. Looking into an appeal but that is for another thread. Best of luck to y’all.
 
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