VA results... now awaiting DOD

Greetings all.

Just looking for input on my situation.

I was never officially told unfit by my branch but my package was recieved on nov 8th by the va and my proposed ratings were completed on 18nov and I called the 1-800 va line to get my proposed ratings faxed to me. I got the proposed letter stating

" Your military Service Department requested a disability assessment from VA because you were found unfit for continued military service."

Also my proposed rating was 100% combined from the VA YAYYY

So my questions are as follows

1. Is this unfit notification from the VA valid even if I haven't received anything from my branch officially stating.( I have contacted my PEBLO and OAC) they haven't seen anything either in their systems.

2. With 100% disability rating does that prevent me from working completely ?

3. How long should I expect to sign my 199 for my official ratings ? My Peb case was sent up at 28Sep

BONUS!!! Does anyone have the AIR FORCE IPEB phone number ?
 
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Additional question I have seen people talking about waiting on p&t ... what does that stand for ?
 
vburklow said:
Additional question I have seen people talking about waiting on p&t ... what does that stand for ?
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Indeed, P&T means Permanent and Total which is a particular DoVA increased rating you can request or be assigned by the DoVA Rating Agency upon reaching an overall DoVA 100% rating decision.

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

Best Wishes!
 
Warrior644 said:
Indeed, P&T means Permanent and Total which is a particular DoVA increased rating you can request or be assigned by the DoVA Rating Agency upon reaching an overall DoVA 100% rating decision.

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

Best Wishes!
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I was rated at 100% how do you go about getting permanent and total ? Also does that mean if I get p&t it becomes permanent ?

On the flip side if I do not what does that mean? Will my ratings change in a year or something ?
 
VA ratings that are not permanent are subject to review and change.
 
vburklow said:
I was rated at 100% how do you go about getting permanent and total ? Also does that mean if I get p&t it becomes permanent ?

On the flip side if I do not what does that mean? Will my ratings change in a year or something ?
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Case-in-point about the DoVA protected ratings...

The below excerpt is taken from the VetsFirst's "Veterans Guide to VA Benefits." It's a guide for veterans, their family members and those assisting them to successfully apply for benefits from the United States Department of Veterans Affairs ("DoVA").

Protected Ratings

"As discussed above, VA assigns a "rating" based on how a service-connected condition affects the claimant's ability to perform gainful employment. As described earlier, the determination is based on the average impact on employment, not the specific impact to the particular claimant. The severity of many service-connected conditions can change over time, so claimants have the right to ask for higher ratings when a service-connected condition worsens. On the other hand, VA has the right to require periodic medical examinations and to reduce ratings for conditions that get better.

Congress has determined that under certain conditions it is not necessary for VA to expend resources to check on a claimant's medical status. As a result, some ratings can become "protected" under certain conditions. A "protected" rating is a VA rating that cannot be reduced or revoked by VA in the future, absent fraud in the application. There are only a few types of protected ratings and they are all described below.

First, all individuals receiving VA compensation are protected against reductions caused by future revisions of the rating schedule. Because Congress periodically revises the rating schedule, it is possible that the same medical condition could be rated less severely in the revised schedule than in the rating schedule that existed when VA assigned the rating. VA cannot, however, reduce the claimant's rating unless the condition has actually medically improved.

VA also cannot reduce a rating that has continuously existed at or above the current rating for 20 or more years. The only exception to this rule is that a rating based on fraud by the claimant can be reduced or severed at any time. For ratings that have been in effect for 10 years or more, VA cannot sever an award of service connection absent evidence of fraud or a showing that the claimant did not have the requisite service or character of discharge to initially qualify for the award.

Claimants should not confuse a "Permanent and Total" ("P&T") rating with a "protected" rating. A P&T rating is not a protected rating. What VA means by "permanent" is that the condition is assumed to be unceasing in nature and not likely to improve. "Total" means that the maximum rating has been assigned. As a result, VA will not schedule a P&T claimant for the routine medical examinations required of other claimants. However, if VA becomes aware of medical improvement, a P&T claim can be reduced just like any other claim. Claimants with a P&T condition should keep this in mind when considering whether to file additional claims because the resulting C&P exam could provide VA a basis to reduce the P&T claim. This could result in a lower total rating, even if the new claim is granted."

Bottom line in retrospect, IAW 38 CFR 3.952 - Protected ratings, in essence, if you have been classified with the same rating for 20 years or more (e.g., a continuous rating in legal terms), the DoVA cannot reduce your final rating unless they can demonstrate that you have committed fraud. Take care!

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

Best Wishes!
 
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Just got notice from the oac a decision from peb

60%dod tdrl/ 100% va !!! :D

My two questions now are

1. How do I go about p&t from the va or is it when I see my va papers on my 199

2. If I appeal my 199 to the ipeb can I get my Tdrl turned to permanent? If so what's the best course of action and how do I prove it?
 
P&T will be listed on the form you sign to accept your ratings (if it is proposed by the VA)

You asked for a Air Force PEB number, but then mentioned DA-199. The DA-199 is Army specific. Air Force uses for 356.


Not likley to appeal the TDRL to the PEB and have it changed to PDRL. They chose TDRL because they believe one or more of your unfitting conditions are not stable yet.

If you were rated for a mental health condition, there is a possibility that it may improve, or worsen once you leave active duty, therefore they wait to reevaluate you. Here is an explanation of the TDRL process http://www.militarydisabilitymadeeasy.com/tdrl.html
 
gsfowler said:
P&T will be listed on the form you sign to accept your ratings (if it is proposed by the VA)

You asked for a Air Force PEB number, but then mentioned DA-199. The DA-199 is Army specific. Air Force uses for 356.


Not likley to appeal the TDRL to the PEB and have it changed to PDRL. They chose TDRL because they believe one or more of your unfitting conditions are not stable yet.

If you were rated for a mental health condition, there is a possibility that it may improve, or worsen once you leave active duty, therefore they wait to reevaluate you. Here is an explanation of the TDRL process http://www.militarydisabilitymadeeasy.com/tdrl.html
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Thanks for the info I'll have to bring more info to you guys hopefully tomorrow once I get my 356 (not my 199 just know it's whatever for is finalizing our ratings) awesome I really appreciate this community and all the help it's been! I was able to dig up the Air Force IPEB phone number DSN 665-5654. Only to be used if you can't contact your peblo or their supervisor otherwise they will turn you away. And your best chance is early morning or mid work day around 1400.

For anyone else that needs it !

I might appeal to try and push close to March but I'm not sure yet my wife and I think it's best if I just accept my findings and get out ASAP but I wanna make sure I ensure the best possible outcome out of all of this.

I will keep everyone posted
 
vburklow said:
Just got notice from the oac a decision from peb

60%dod tdrl/ 100% va !!! :D
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Indeed, congratulations on the receipt of your DoD IDES IPEB finding! :D Take care! :cool:

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

Best Wishes!
 
So I am going to contact my peblo to get my af356 signed. So once I sign it is it back to the Peb then I get orders soon ? What timeline am I looking at now ?
 
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