Ok PEBLO called today and said the results are in and I will go see him at 2pm tomorrow. the huge problem i have is that since the initial MEB for my back and hip was sent up, and i had my VA appointments I have been diagnosed with Sleep Apnea and use CPAP everynight, Major Depressive Dissorder (moderate) and PTSD. For the PTSD and depression, I have been trying to get my PEBLO to start or provide me information on what i have to do to get these issues added to the MEB that is currently going on, been asking him for the last 2 months and have not been getting much info. I even got my psychiatrist to contact the PEBLO to make it happen. I thought it was in the works to get all 3 added but the PEBLO called me today and said the results came in, and its without any of the 3 new conditions. What can I do? The MEB was started due to injuries I had to back and hip and I dont really know what to expect the results to be for that. If i wasent already going through an MEB and got diagnosed with PTSD wouldent that initiate an MEB by itself? I know sleep apnea does but its normally quick unless your a flyer from what the sleep doc told me. My PCM was wanting the items included and she still does and is trying to help. Would the AF really force me out or TDRL me, without ever doing a board for PTSD and Major Depressive Disorder? can anyone help?
Meb results in, but PTSD diagnosed after initial package
- Thread starter SMFC
- Start date
Your PTSD and sleep apnea would not be rated by the PEB unless they were stand alone conditions that wouldn't allow you to do your job. For the PTSD they would likely try and treat it and see where it went. They would not consider it a problem unless you were suicidal, or had major problems at work. There are a lot of people who work in the military who have been diagnosed with PTSD. As far as the sleep apnea, it's the same deal. They would treat it if that was the only problem you had.
You can try and appeal, but I doubt it will go well if these are new issues that popped up during your VA exams. If they were causing issues and documented prior to MEB, then it would be different. Jason will be the best authority on this.
Joe
You can try and appeal, but I doubt it will go well if these are new issues that popped up during your VA exams. If they were causing issues and documented prior to MEB, then it would be different. Jason will be the best authority on this.
Joe
EDIT:
Sorry I didn't bring VA into it. You will be rated and compensated for those conditions if the VA looked at them during your exams. They just wouldn't be considered by DOD because of what I talked about above. You are going to get a DOD rating and a VA rating. It is very likely the VA rating will be higher than the DOD.
Joe
Ok I understand what your saying for the most part. the issues were not brought up during my VA appointments. They were diagnosed by my PCM after I had my went through the VA appointments and they poked and prodded about all the issues I had. I think I am under the IDES program. For the PTSD, it has caused issues with work, I dont agree with the statement which you stated its not a problem unless your suicidal or caused major problems. you may be correct on that, i just cant agree with that. I know it will be handled by the VA. I feel that the PTSD has a signifigant impact on my daily life, and it has effected work and whatnot. I feel that if I am involved in continual treatment for PTSD and Depression, The DoD should rate it, I know the VA will start the new issues on my exit exam, which will tkae a year or longer to get a rating and then treatment would also be provided after they determine its validity...A gap in treatment for PTSD and major depression is acceptable to the DoD? Thats one of my biggest concerns is the gap of treatment if the 2 issues are not included now, I dont know how bad things might get. I am not saying that it would make me suicidal, but that should not be the only factor for DoD to care about someones PTSD. PTSD has broad and signifigant effects on peoples lives, i know it has in mine.
**Need to add that I had a diagnosis that was rated by the VA during the process, which after some time that diagnosis was changed to PTSD and Major Depressive Dissorder.
**Need to add that I had a diagnosis that was rated by the VA during the process, which after some time that diagnosis was changed to PTSD and Major Depressive Dissorder.
brownbrown
PEB Forum Regular Member
Im in a similar Situation as SMFC, Had findings after package went up.
I'd Give the findings to the VA rep ASAP SMFC. And not wait until Exit Exam.
I just don't know if they are going to use Fuzzy VA math for the extra condition findings. Or add them to the Initial findings.
You're not alone in this situation SMFC.
I'd Give the findings to the VA rep ASAP SMFC. And not wait until Exit Exam.
I just don't know if they are going to use Fuzzy VA math for the extra condition findings. Or add them to the Initial findings.
You're not alone in this situation SMFC.
Hey I completely agree with you. Fight the fight and go for it. I did not try and take anything away from PTSD. I know it is extremely hard to deal with. What i did say is that if you weren't being treated for it prior to the Airforce putting you in for MEB, or having it listed on your NARSUM, that you likely would not get compensated by DOD. The VA will pick it up.
As far as having to go a year without adding it to your VA stuff, you don't have to wait for anything. When you exit service, your VA appointments will already be made. Wherever you choose to live, an appointment with a VA PCM will be made with in a week or two of separation. I am currently in NY, but will be moving to CA next month. My VA appointments are already set up. That is part of the IDES system. So you may have to wait some time for compensation financially for PTSD, but you will not have to wait for medical care.
Like I said before, Jason, the site owner is an expert on how the boards work. He will chime in I am sure, but ultimately it's up to you what you want to do. Basing your decision on what you think vs what the regs say will almost always bite you.
Good luck and I wish you the best
Joe
So I re-read the NARSUM and the amendment my doc submitted and PCM does state she is treating me for depression and that was the condition that was afterward diagnosed as PTSD and MDD. That would seem to give me some form of ground to stand on in getting it added to my DoD rating
So i got results today. 10% from af 60% from VA. Of the 7 conditions the listed that could return an unfit they only gave a rating for one, 10%. A little suprised at that. I know i get ten days to decide. I could appeal but my thought right now unless they would add the 3 conditions i mentioned above and during that appeal, the issues were reviewed by another PEB and rated by the VA within a very short window of time it would not work out in my favor. I dont think they would reconsider the other conditions for an increase and if they increased the unfit condition to 20%, that would not be an advantage to me. Right now the severance is looking good and if i accept it, the VA will only subtract 10% a month from my VA compensation. So i would get 50% until i completed the second claim process for the PTSD, Major depressive disorder and sleep apnea with CPAP which should i think max me out @ 100%.
I have read other posts about the VA recouping severance pay and i along with alot of others apparently have alot of confusion. From some stuff i read and in the paperwork the peblo gave me today it clearly states
"If you recieve disability severance pay from the service department, your monthly VA compensation may be reduced by the amount of disability severance pay for the percentage(s) of the unfitting disabilities only. However, your VA compensation will not be reduced for any unfitting disabilities the PEB determines were incurred in combat˝
Can anyone verify this? The way the PEBLO, the NCOIC and myself understood this is that I only have 1 unfitting condition for 10% so i would recieve severance and then my monthy VA compensation would be reduced by 10% until fully recouped. Seems pretty cut and dry to me.
I also heard that if i max out at 100% then i would not have to pay, or have the VA recoup anything. Anyone know about that?
I have read other posts about the VA recouping severance pay and i along with alot of others apparently have alot of confusion. From some stuff i read and in the paperwork the peblo gave me today it clearly states
"If you recieve disability severance pay from the service department, your monthly VA compensation may be reduced by the amount of disability severance pay for the percentage(s) of the unfitting disabilities only. However, your VA compensation will not be reduced for any unfitting disabilities the PEB determines were incurred in combat˝
Can anyone verify this? The way the PEBLO, the NCOIC and myself understood this is that I only have 1 unfitting condition for 10% so i would recieve severance and then my monthy VA compensation would be reduced by 10% until fully recouped. Seems pretty cut and dry to me.
I also heard that if i max out at 100% then i would not have to pay, or have the VA recoup anything. Anyone know about that?
The 10% offset repayment is correct. If it's combat related no repayment for severance. The severance, CASH ADVANCE, is not worth it. Take your current case, all 7 conditions plus your 3 new ones, and appeal. Let them see you as a person rather than a stack of paper and if PTSD is an unfitting condition, mandatory 50% or higher rating from DoD.
Jason Perry
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Sorry I missed your earlier posts. Here are my thoughts.
First, just because a condition is identified/diagnosed late in the process is no reason that they are not compensable. The key to any rating is two-fold: first that it is "unfitting" (though, contributory conditions are compensable; this is a HUGE issue that the military is not properly addressing "contributory" conditions).
Here goes my specific comments:
From the fact that you have a rating in hand, it seems that your MEB has already been forwarded. Had this happened during your MEB, before your case was forwarded, the best course of action would have been to request an impartial review and to rebut the MEB, asking these conditions to be added as failing retention standards. That time seems to have passed. So, now, your recourse is to fight the issue at the Formal PEB. Now, again, to prevail at the PEB, you need evidence to show how your "new" conditions impact your duty performance.
As for what they would or could do, yes, everything is on the table as far as possible results. Sleep apnea, if it is controlled by CPAP would normally not be unfitting. However, there are a few exceptions. The first really relates to the "controlled" question; if you have residual day time sleepiness, or other significant symptoms that are not addressed by CPAP, then it may be unfitting. Just the other day, I had a successful appeal from SAFPC (appeal after adverse finding from Formal PEB), where a member was retired due to the fact that he not only had CPAP, but also additional appliance to regulate humidity (the device was large, heavy, and sensitive to dust, etc., plus the cost of the device and unavailability/cost of device except through civilian sources factored into the outcome, in my opinion).
Bottom line, if you are given severance as an outcome from an IPEB, there is little to lose in fighting the findings at a formal hearing in most cases. Best you can do is retirement finding; worst, they keep you at severance pay.
Best of luck to you and feel free to post follow up questions.
First, just because a condition is identified/diagnosed late in the process is no reason that they are not compensable. The key to any rating is two-fold: first that it is "unfitting" (though, contributory conditions are compensable; this is a HUGE issue that the military is not properly addressing "contributory" conditions).
Here goes my specific comments:
From the fact that you have a rating in hand, it seems that your MEB has already been forwarded. Had this happened during your MEB, before your case was forwarded, the best course of action would have been to request an impartial review and to rebut the MEB, asking these conditions to be added as failing retention standards. That time seems to have passed. So, now, your recourse is to fight the issue at the Formal PEB. Now, again, to prevail at the PEB, you need evidence to show how your "new" conditions impact your duty performance.
Your point is well taken, but the reality is that you are past this point in the process and now need to deal with the PEB.
As for what they would or could do, yes, everything is on the table as far as possible results. Sleep apnea, if it is controlled by CPAP would normally not be unfitting. However, there are a few exceptions. The first really relates to the "controlled" question; if you have residual day time sleepiness, or other significant symptoms that are not addressed by CPAP, then it may be unfitting. Just the other day, I had a successful appeal from SAFPC (appeal after adverse finding from Formal PEB), where a member was retired due to the fact that he not only had CPAP, but also additional appliance to regulate humidity (the device was large, heavy, and sensitive to dust, etc., plus the cost of the device and unavailability/cost of device except through civilian sources factored into the outcome, in my opinion).
Bottom line, if you are given severance as an outcome from an IPEB, there is little to lose in fighting the findings at a formal hearing in most cases. Best you can do is retirement finding; worst, they keep you at severance pay.
Best of luck to you and feel free to post follow up questions.
Jason Perry
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BTW, for AF, you would need to look at retention standards in AFI 48-123. Though, don't fall into the common "trap" that only criteria therein are possible compensable. You can still argue and win on conditions that were not listed on your AF Form 618.
Ty all for the knowledge. I was attempting for so long to get the new items listed. I do not know if the PTSD or the others are labeled unfitting. Right now i am waiting my 10 days out and debating what to do. I just dont know how to stop the current motion and add the other 3 items and get evald by the VA and rated within the 45 days i get befoelre the formal. All the findings are back already so basically would it be amending the orginal for a rereview with the new items or what? I just dont understand how i can argue for any of the new issues without NARSUMS even written for them. I know i can push for an increase for some of the original items listed but im not sure how it would go, im willing to fight but the 3 new conditions should be on the package to review and there is a lot of tike to get it there. Itsna tough choice, i would prefer retirement and va comp at the highest i can get which i would think i could max out. But if its severance which could sustain me for a year and then get the highest % from the VA after other items are rated then i would help If i could not find a job for awhile. Its a tough choice to make, im not opposed to keep fighting but like i said unless the other items magically get on the package and rated whats my argument?