Hi all. I am a National Guardsman E7 11B with 22 years of service. I was recently submitted for the IDES process with the referred condition of PTSD. I was rated 100% VA in early 2024 due to a combination of issues, mostly combat related. Due to this, my MSC had me sign a pre-filled 21-4138 stating the boilerplate that I did NOT wish to be evaluated for the purpose of compensation, but for DOD purposes only.
I attended a few exams, but the only one that matters is the PTSD exam. The examiner told me at the beginning of our C&P appointment that "I don't need to get any nexus or stressors from you since you already have a rating. I'm just doing a review and this will be easy. So, I just want you to tell me if there have been any new symptoms or any worsening areas". So, with that, I told her about a few new symptoms that had developed since my previous exam. Minor things, but I felt it was important. She almost seemed like she was encouraging to mention any additional symptoms, but I told her that was honestly it at this time.
Skip to Present - Last night I received my NARSUM from my PEBLO. The NARSUM had some issues, but nothing too major (except adding that I had 2nd degree burns rated by VA when I don't, and leaving off my TBI/Vertigo diagnosis). Realizing that my DBQs were not attached, I asked my PEBLO for them. I received those this afternoon. Including, the damnable PTSD DBQ.
(Background - My current PTSD rating is 70%. I was marked with the 'occasional decrease' portion of the occupational and social impairment part, but my symptoms + direct combat raised my overall to a 70% somehow. I got lucky, as that evaluator marked almost all of the symptoms for the 70% bracket and spoke to combat in his notes a lot.)
---- The new DBQ raised my occupational and social impairment to the 'reduced reliability and productivity' bracket...... HOWEVER, the evaluator left off some important criteria that existed on the previous DBQ and, even more damning, left off some of my most serious and important symptoms from the previous DBQ. When side by side, the old DBQ had 7 more symptoms than the new one, and the new one includes a few new minor symptoms.
---- So, essentially, despite telling me she was only going to add or change new or worsening symptoms, she did not. She barely asked me any questions during the exam. In fact, she only asked me questions about things that were not included in the previous exam. So, anything I did not have listed on the first exam, she asked me about. This made sense to me as she had told me she was only concerned with new stuff for the most part.
So, now I have my original DBQ with lower impairment, but higher symptoms, and my newer 'review DBQ' that has higher impairment, but far less and more minor symptoms listed. The stuff she wrote in the narrative boxes was also kind of bizarre and not all of it seemed to be about my case. I am almost certain this will lead to me getting a lower rating on the DOD retirement side (I assumed I would get the same rating I had before of course, and I viewed this as a safeguard in case VA ever screwed me or something). BUT, my biggest concern is that, despite me signing that 21-4138, that this new review will trigger the VA to lower my PTSD rating on the VA side. (My TBI rating is lumped with it and also 70%, but it's the principle of the thing). My PEBLO and MSC are non-responsive, and the lawyer side has said I can only make an appointment through a link sent by my PEBLO.......
My Questions:
1. Am I screwed?
2. Seriously, what is recommended in a case like this? I don't feel the examiner was trying to screw me or anything. It seems a case of forgetting to move stuff over rather than blatant maliciousness (otherwise why raise the impairment scale?)
3. I have only 4 days left to provide a response to the NARSUM, but I am paralyzed by not knowing what to do in this case. I know it theoretically won't affect my VA rating... supposedly, but it feels unconscionable that I would get a lower DOD rating than I should simply because of ineptitude or mistakes. Is there a solid method to affect this?
4. Would any of my potential recourses screw me on my IDES timeline?
5. Is my VA rating actually protected here due to that 21-4138? Or will this come back to lower my rating if this goes the way I think it will on DOD side?
I'm sorry for the rambling. I know I sound like a terrible scumbag, but this has my anxiety through the roof. Any help would be greatly appreciated!
*I can provide redacted DBQs or NARSUM if necessary to anyone who can help*
I attended a few exams, but the only one that matters is the PTSD exam. The examiner told me at the beginning of our C&P appointment that "I don't need to get any nexus or stressors from you since you already have a rating. I'm just doing a review and this will be easy. So, I just want you to tell me if there have been any new symptoms or any worsening areas". So, with that, I told her about a few new symptoms that had developed since my previous exam. Minor things, but I felt it was important. She almost seemed like she was encouraging to mention any additional symptoms, but I told her that was honestly it at this time.
Skip to Present - Last night I received my NARSUM from my PEBLO. The NARSUM had some issues, but nothing too major (except adding that I had 2nd degree burns rated by VA when I don't, and leaving off my TBI/Vertigo diagnosis). Realizing that my DBQs were not attached, I asked my PEBLO for them. I received those this afternoon. Including, the damnable PTSD DBQ.
(Background - My current PTSD rating is 70%. I was marked with the 'occasional decrease' portion of the occupational and social impairment part, but my symptoms + direct combat raised my overall to a 70% somehow. I got lucky, as that evaluator marked almost all of the symptoms for the 70% bracket and spoke to combat in his notes a lot.)
---- The new DBQ raised my occupational and social impairment to the 'reduced reliability and productivity' bracket...... HOWEVER, the evaluator left off some important criteria that existed on the previous DBQ and, even more damning, left off some of my most serious and important symptoms from the previous DBQ. When side by side, the old DBQ had 7 more symptoms than the new one, and the new one includes a few new minor symptoms.
---- So, essentially, despite telling me she was only going to add or change new or worsening symptoms, she did not. She barely asked me any questions during the exam. In fact, she only asked me questions about things that were not included in the previous exam. So, anything I did not have listed on the first exam, she asked me about. This made sense to me as she had told me she was only concerned with new stuff for the most part.
So, now I have my original DBQ with lower impairment, but higher symptoms, and my newer 'review DBQ' that has higher impairment, but far less and more minor symptoms listed. The stuff she wrote in the narrative boxes was also kind of bizarre and not all of it seemed to be about my case. I am almost certain this will lead to me getting a lower rating on the DOD retirement side (I assumed I would get the same rating I had before of course, and I viewed this as a safeguard in case VA ever screwed me or something). BUT, my biggest concern is that, despite me signing that 21-4138, that this new review will trigger the VA to lower my PTSD rating on the VA side. (My TBI rating is lumped with it and also 70%, but it's the principle of the thing). My PEBLO and MSC are non-responsive, and the lawyer side has said I can only make an appointment through a link sent by my PEBLO.......
My Questions:
1. Am I screwed?
2. Seriously, what is recommended in a case like this? I don't feel the examiner was trying to screw me or anything. It seems a case of forgetting to move stuff over rather than blatant maliciousness (otherwise why raise the impairment scale?)
3. I have only 4 days left to provide a response to the NARSUM, but I am paralyzed by not knowing what to do in this case. I know it theoretically won't affect my VA rating... supposedly, but it feels unconscionable that I would get a lower DOD rating than I should simply because of ineptitude or mistakes. Is there a solid method to affect this?
4. Would any of my potential recourses screw me on my IDES timeline?
5. Is my VA rating actually protected here due to that 21-4138? Or will this come back to lower my rating if this goes the way I think it will on DOD side?
I'm sorry for the rambling. I know I sound like a terrible scumbag, but this has my anxiety through the roof. Any help would be greatly appreciated!
*I can provide redacted DBQs or NARSUM if necessary to anyone who can help*