I was found unfit, and was not rated by the DOD due to it being a pre-existing condition. Received 80% total from the VA. I have more evidence now from being hospitalized again for mental health reasons. Should I appeal the DOD decision? Or what should be my next steps?
Not Rated By DOD, 80% VA?? HELP
- Thread starter Ships&Salsa
- Start date
You should consider contact your service free counsel for the PEB process. The USN/USMC, USA and USAF/USSF all provide counsel during this process. Talk to your counsel and listen to your counsel. He/she will guide you through the process. Your counsel can help you understand if appeal is in your interest. Given that the IPEB decided your conditions EPTS they would also have to determine your conditions was not aggravated by service.
USA calls it Office of Soldiers Counsel.
USN calls it Department of the Navy Disability Evaluation Counsel Program.
USAF calls it Office of Airman's Counsel.
USA calls it Office of Soldiers Counsel.
USN calls it Department of the Navy Disability Evaluation Counsel Program.
USAF calls it Office of Airman's Counsel.
Current treatment won't help with the EPTS determinations it really depends on what's happening. Was EPTS determined because you have less than 180 days of service? Or was it because MEPS medical caught it? Were you granted a waiver? With MH if you self report at MEPS they are aggressive stating your condition existed prior to service. The VA has more leeway to grant aggravated or secondary claims even if it existed prior to service.
So finding out exactly what evidence they are using to deny a rating is important is it in the NARSUM? If the C&P exam didn't mention it at all that is evidence in itself even though it isn't binding on the DoD it cannot be discarded.
So finding out exactly what evidence they are using to deny a rating is important is it in the NARSUM? If the C&P exam didn't mention it at all that is evidence in itself even though it isn't binding on the DoD it cannot be discarded.
No I have over 3 years of service, and I have no previous mental health diagnoses before the military. No waivers necessary. I mentioned in previous therapy sessions and VA interviews about being socially anxious and shy in childhood. So they went with EPTS. I'm not trying to convince them that it was caused by military service, rather that it was aggravated by service.
Did the VA come to the same conclusion as the DoD or did you get rated through the VA for MH? Aggravated claims are tough only because the services and VA double down in fighting them, when you join did you immediately seek treatment from behavioral health? Like within the first year? I mean any at all? With three years in you still meet the burden of presumption really talk to counsel about what options are available to you.
I got rated through the VA for MH. They gave me 70% for mental health alone. No, no behavioral health treatment until the beginning of the second year of service. The option that my attorney gave to me is to write a rebuttal statement to the PEB about my findings. She gave me a couple examples of EPTS rebuttals, just trying to see what the probability of success is for getting a DOD rating. Also don't want to lose the VA rating in the process of all this.
I would say high the VA has made their decision and that isn't reversible.
If the DoD made the determination that your condition existed prior to service, you will need to request a discharge upgrade from your branch of service. By your screen name it looks as if you may have been Navy. Here is the link to get you started. BOARD FOR CORRECTION OF NAVAL RECORDS
Why would I need a discharge upgrade? It shows honorable on the paperwork.
As I re-read this you are still in the PEB process? There was limited information. The Navy has a pretty big burden of proof to show that you had a condition that existed prior to service. If you have never received any mental health treatment prior to entering the service, just give the Navy a copy of your electronic health records prior to service.
I am still in the PEB process. My attorney and I wrote a rebuttal statement and had a couple personal statements written by family members. I have never received mental health treatment prior to the Navy.