TO FILE VA CLAIM IN MEB OR NOT

S

SFC H

Well-Known Member
PEB Forum Veteran
Registered Member
I've been looking through the forums for my particular issue and can't even come close, so here's where I stand.

o 6 years active duty

Operation Desert Shield/ Storm
Operation Noble Eagle
Operation Iraqi Freedom

o 24 years total Active with the remaining Army National Guard

o 90% VA compensation to date

70% PTSD [combat related]
50% OSA
10% Right Knee
10% Left knee
10% Tinnitus

My Military Service Coordinator has brought up that maybe I should NOT file any claims for VA compensation since it would bring on all new C&P exams. He explained that if I go that route, sign a VA 21-4138 explaining that I don't want to file for VA compensation in conjunction with the DOD IDES MEB process, the DOD would only do C&P exams for the conditions that make me unfit for duty [PTSD and Knees]. I do have other conditions [Hypertension, ED from PTSD meds and scheduled knee surgery with possibly filing for an increase afterwards.

My question is should I go the route he has suggested and then file my other injuries down the road afterwards.

Thanks for reading and or replying,
SFC H
 
I wanted to included but did not, that all my VA claims to this date are static.
 
I am in a similar boat.

I recently came off of active duty orders on June 6th, 2018. I have 20 years of service, 14 years of active duty combined with National Guard and Reserves but 20"good years" total.

This past week I began the MEB process with HRC.

When I came off of orders in June, I went through the VA C&P process and was rated @ 100% T&P. All of my injuries are service connected and occurred in combat.

When I went through the de-mob process @ Fort Bragg all of the conditions where notated but I did not want to be an E-8 stuck in the WTU. I opted to do it my way. Ha. It is probably not the right way, but I did not want to be away from my family after two back to back Afghan deployments.

My thinking was that I would go through the VA process while submitting my documents to my COC for a potential med board. The VA process went quicker than expected and was completed before my Med board was initiated.

I will let you know how my process goes.
 
Thanks for replying Leos,

I came across some of your posts yesterday. If claims are static it is my understanding the VA has concluded that they will remain the same or continue to get worse. I was under the impression that I would only file for compensation on any new claims, have C&P on those as well as the unfit for duty issues and the others would be left alone. My MSC did say the C&P exams for the unfit claims could be used to increase a percentage without have to go through another if I filed for an increase within a year.

I'll talk again with my PEBLO before giving my MSC a final answer as to which direction I intend to go.

I intend to post the process on this forum to let others know how it went, mainly because I haven't found many in our situation.

Thanks Leos
 
SFC H said:
Thanks for replying Leos,

I came across some of your posts yesterday. If claims are static it is my understanding the VA has concluded that they will remain the same or continue to get worse. I was under the impression that I would only file for compensation on any new claims, have C&P on those as well as the unfit for duty issues and the others would be left alone. My MSC did say the C&P exams for the unfit claims could be used to increase a percentage without have to go through another if I filed for an increase within a year.

I'll talk again with my PEBLO before giving my MSC a final answer as to which direction I intend to go.

I intend to post the process on this forum to let others know how it went, mainly because I haven't found many in our situation.

Thanks Leos and SFC H
Click to expand...
My MSC kind of indicated the same, yet we did submit for increases on Blood pressure, Hernia and new GERD claim. None were approved and none were increased during my LOD PEB process. I did not see that it slowed anything down and all were at least evaluated during the process. None were considered service ending like my DVTs and PE (blood clots). I am waiting until mid February to appeal outside of PEB process as a normal VA appeal process. You have one shot to have items evaluated so go for the justo in my experience and advice. Ron P
 
SFC H said:
Thanks [U]Padgettra[/U],

question though, can or could we just submit the unfit and NEW only claims and not mess with the static claims?

Thanks [U]Padgettra[/U]
Click to expand...
SFC H, I would think it would be a good course of action to just leave the old ones alone as long as they are not service ending conditions. You can always use the normal VA appeal and filing process. My experience is to follow what the MSC suggests because they work the VA system very day and we just do as required. Just my two cents worth. Best of luck as you navigate the process.
 
Roger that,

All my claims so far I had to the homework on, so the risk of not filing any new claims for compensation does sound totally wrong. I just wondered if anyone else had gone that route.

Thanks.
 
@SFC H,

Welcome to the PEB Forum! :)

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
 
Team.....can someone provide support.....


This is my current situation;

Currently M-day Soldier; with 22 years this August 2019; this is a combination of Active and National Guard with multiple deployments.

1. Rated at 40% VA (tendonitis; and lower back (herniated disc) as an airborne infantry.

2. Pending VA claim for skin and mental health.

3. Have not started PEB.


Question;

1. Should I move forward with PEB with a pending VA claim or wait until other VA claim is approved?

2. Who do I contact in my unit to start the PEB process?
 
I'm new to this 187thINF.

So, I can only refer to what I know. If your in the National Guard, most of the time it will take at least a year of being on a permanent profile with PULHES of 3 or higher to get recommended for an MEB. Your will get this referral usually when you go through your PHA or MRE. Yes you can continue with your own VA claims, I did and most injured guard members usually submit through E-BENIFTS on their own or through the use of a VSO, but the DOD will conduct their own C&P exams.

I was rated at 90% static on the VA side before I was even recommend for an MEB. My military service coordinator and I decided not to file any new claims with the VA. I was told that any new claims the DOD found service connected on their C&P exams, I could use those results and file any new claims [within one year] with the VA afterwards and not have to go through another VA C&P exam.

I had three C&P exams [all QTC} with the DOD scheduled, now waiting on the next step, which I don't know what it is.

Feb 1- Head to Toe- took 5-6 hours
Feb 4- Left Ear- took 15 min
Feb 5- PTSD- took 1 1/2 hours

Hope this helps answer your question,
SFC HALL
 
Hey that's awesome; appreciate your response and wish you the best.

Do you recommend to wait until I complete my pending VA claim (skin disorder anxiety disorder)? Im at 40% VA, and the body and mind is struggling.

As you go to the process; continue to fill us in through the forum, it makes a difference.

Are you in the National Guard also?
 
Not sure what your question is exactly.

The decision to start the MEB is not yours. If your asking to wait to file your VA claim, I would go ahead a file. Roger that on being in the National Guard, VA ARNG here.
 
UPDATE

I received my UNFIT memo today [attached with PII removed], PEBLO said we got combat codes and 2-6 weeks will be the
time frame for the 199 disposition and VA rating document. Out of the gate I elected not to file any VA claims in the IDES process, so the DoD has no rating to go off of other than my VA static ratings.

SFC H
 

Attachments

SFC H said:
I'm new to this 187thINF.

So, I can only refer to what I know. If your in the National Guard, most of the time it will take at least a year of being on a permanent profile with PULHES of 3 or higher to get recommended for an MEB. Your will get this referral usually when you go through your PHA or MRE. Yes you can continue with your own VA claims, I did and most injured guard members usually submit through E-BENIFTS on their own or through the use of a VSO, but the DOD will conduct their own C&P exams.

I was rated at 90% static on the VA side before I was even recommend for an MEB. My military service coordinator and I decided not to file any new claims with the VA. I was told that any new claims the DOD found service connected on their C&P exams, I could use those results and file any new claims [within one year] with the VA afterwards and not have to go through another VA C&P exam.

I had three C&P exams [all QTC} with the DOD scheduled, now waiting on the next step, which I don't know what it is.

Feb 1- Head to Toe- took 5-6 hours
Feb 4- Left Ear- took 15 min
Feb 5- PTSD- took 1 1/2 hours

Hope this helps answer your question,
SFC HALL
Click to expand...


SFC H, how are you doing with your MEB process? Is it a bloody process? Although my conditions has gotten the best out of me; I'm hesitant to go through the process, I'm not a Joe that complains about my pain and suffering, as we're train to suck it up and drive-on with some Ranger candies, and good to go.

But as I look at my two girls, I have to cover down for them, it's no longer for me, at age 42.

Hey I appreciate any fill-in you have on the process; hope all is going well....
 
I retired 10 June 2019 as a MSG. I received 60% DOD tax free because of combat related and 90% VA. My MEB process was 7 months from start to finish. I finally received my first retired pay check 20 September 2019. I only filed claims for what was found to be unfit, and am currently fighting with the VA for the remaining claims. I was 90% VA before the MEB and didn't want to take a chance of the VA lower my disability rating.

The VA is now saying my remaining claims aren't service connected even though they are listed on my DA 199, so I'm exploring my options. Bloody process, yes unfortunately. Taking care of the family is what it's all about.

I can relate to embracing the suck, that's how the military trained us to be.
 
Going back on your 90% VA rating; which system did you used IDES or DES? From my understanding IDES is more advantage, since DOD is mandated to mirror VA rating.

What condition accounted for your 60% DOD disability? 90% VA?

Moving forward with your VA claims; I would recommend to look up Brian Reese with VA Claims Insider. They maybe able to assists your VA rating to 100% if that's your goal.
 
LeoS said:
I am in a similar boat.

I recently came off of active duty orders on June 6th, 2018. I have 20 years of service, 14 years of active duty combined with National Guard and Reserves but 20"good years" total.

This past week I began the MEB process with HRC.

When I came off of orders in June, I went through the VA C&P process and was rated @ 100% T&P. All of my injuries are service connected and occurred in combat.

When I went through the de-mob process @ Fort Bragg all of the conditions where notated but I did not want to be an E-8 stuck in the WTU. I opted to do it my way. Ha. It is probably not the right way, but I did not want to be away from my family after two back to back Afghan deployments.

My thinking was that I would go through the VA process while submitting my documents to my COC for a potential med board. The VA process went quicker than expected and was completed before my Med board was initiated.

I will let you know how my process goes.
Click to expand...


LeoS....What were some of the lessons learned of going through the VA process; awaiting MEDBOARD?

I'm pushing 23 years this coming year and I have several conditions that will automatically place me in MEDBOARD; but my goal is to finalized everything under VA; from my understanding and through various reading material; an IDES MEDBOARD process would require DOD to mirror VA disability rating. So bottom line, if VA rated you at 100% DOD is mandated to use the same rating for your DOD.

The goal is to walk away with DOD rating at 75%; I don't want to capitalized on VA, since that could changed through time. At least DOD is rock solid.

Also, if you're still fighting VA; recommend to look up Brian Reese with VA Claims Insider, apparently there is a high success rate with VA.

Did you experience different? What part of the MEDBOARD process are you in?
 
I am not an expert on IDES or medical discharges in general; however, I often see Chapter 61 cases where the DOD rating is much different than the VA percentage.

Ron

Added:
One could review the CRSC forum and estimates for examples. In fact, most of the estimates I have worked involve different ratings for the two areas. Disabilities that apply to both the DOD and VA would receive the same rating; however, the VA will review all the service connected disabilities where the DoD is concerned only with those for which the member has been referred to the board.
 
Warrior644 said:
@SFC H,

Welcome to the PEB Forum! :)

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!
Click to expand...


Warrior644; Brother, my brain-hurts going over your timeline of over 4 years fighting for your benefits; I like the fact that you were detailed in monitoring your progress and being proactive on your DEMAND.

Congratulations on the 100% rating; that's some good stuff.

Anything you could recommend in the process? Also, I do have some conditions that the military failed to document LOD during DEMOB; out of 3 condition they only showed 1? But, again, it's maintaining a good documentation and paper-trail; you are your best manager. :0).
 
Last edited:
You must log in or register to reply here.
Top