Waiting for VA Ratings for 9 months, What can I do?

Hello all,

Active duty Soldier here stationed at Fort Sam Houston. Initiated a MEB/PEB back in September 2012 for injuries to my back. Finished the exam phase quickly and the MEB/PEB were finished quickly as well. The PEB found me unfit on 30 November 2012 and my case was forwarded to the VA on 12 December 2012.

Since then, I have sat on my ass for 9 months waiting for the VA to finish my proposed ratings. My PEBLO tells me the same shit weekly, all we know is your case isn't back and you got to wait.

I saw some movement on my eBenefits in August 2013 and it went all the way to Pending Decision Approval but now it's back to Gathering Evidence. The PEBLO told me they completed "all of my ratings except 1, the adjustment disorder with anxiety, and are rerating it," whatever the hell that means.

Is there anything I can do or call? I have been stuck at my unit for months on end with no job or nothing to do.

Timeline:
Started MEB/PEB process - Sept 2012
Physical Exams - Oct 2012
MEB Complete - Nov 2012
PEB Unfit Memo Complete - Nov 2012
Packet sent to VA for Ratings - 12 December 2012

Conditions:
Lumbar degenerative disc disease
Headaches
Sleep Apnea
Seizure disorder
Bilateral radioculopathy
Photophobia
Hypertension
Left wrist cyst
Adjustment disorder with Anxiety
Sciatica
Bilateral hearing loss
Tinnitus
 
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darrenfpc said:
Hello all,

Active duty Soldier here stationed at Fort Sam Houston. Initiated a MEB/PEB back in September 2012 for injuries to my back. Finished the exam phase quickly and the MEB/PEB were finished quickly as well. The PEB found me unfit on 30 November 2012 and my case was forwarded to the VA on 12 December 2012.

Since then, I have sat on my ass for 9 months waiting for the VA to finish my proposed ratings. My PEBLO tells me the same shit weekly, all we know is your case isn't back and you got to wait.

I saw some movement on my eBenefits in August 2013 and it went all the way to Pending Decision Approval but now it's back to Gathering Evidence. The PEBLO told me they completed "all of my ratings except 1, the adjustment disorder with anxiety, and are rerating it," whatever the hell that means.

Is there anything I can do or call? I have been stuck at my unit for months on end with no job or nothing to do.

Timeline:
Started MEB/PEB process - Sept 2012
Physical Exams - Oct 2012
MEB Complete - Nov 2012
PEB Unfit Memo Complete - Nov 2012
Packet sent to VA for Ratings - 12 December 2012

Conditions:
Lumbar degenerative disc disease
Headaches
Sleep Apnea
Seizure disorder
Bilateral radioculopathy
Photophobia
Hypertension
Left wrist cyst
Adjustment disorder with Anxiety
Sciatica
Bilateral hearing loss
Tinnitus
Click to expand...

Welcome to the PEB Forum! :)

Indeed, it seems that your DoD IDES case file became a mandatory participant in the "Adjustment Disorder" contraversy.

To that extent, @PEBLO11 provides a new thread which discuss the details. He stated in his initial post that "If it is determined that it is chronic and fails retention standards, a new 3947 will be done and routed to the PEB. What does that tell me? It makes me think those cases will have the adjustment disorder factored in to the separation disposition."

With that said, reference the aforementioned thread via http://www.pebforum.com/site/threads/adjustment-disorder-news.19352/ to read all of the discussions about the Adjustment disorder mandate.

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

Best Wishes!
 
Wow, what a clusterfuck. This is ridiculous. Is there anyway to request this condition be rated later and let me take what ratings I have now and process out of the Army?

My PEBLO is clueless about this shit. They're apparently not old anything about this whole situation and have been told to just tell Soldiers to wait.
 
darrenfpc said:
Wow, what a clusterfuck. This is ridiculous. Is there anyway to request this condition be rated later and let me take what ratings I have now and process out of the Army?

My PEBLO is clueless about this shit. They're apparently not old anything about this whole situation and have been told to just tell Soldiers to wait.
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Indeed, unfortunately! :(

In my opinion as based upon reading the discussion thread about the Adjustment Disorder mandate; the simply answer is no.

To that extent, I suggest that you post messages in the "Adjustment Disorder news" thread and/or send a Private Message (PM) to @PEBLO11 for potentially any creditable comprehensive response.

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

Best Wishes!
 
darrenfpc said:
Question: Is it worth filing a Congressional Complaint about this?
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In my opinion, the submittal of a Congressional inquiry/complaint is an option at your disposal.

But, I would proceed very cautiously since the submittal of a Congressional inquiry/complaint at this point shall definitely further extend the already extended DoVA D-RAS rating process.

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

Best Wishes!
 
darrenfpc said:
Question: Is it worth filing a Congressional Complaint about this?
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Having been where you are, I can tell you I understand what you are saying, but caution against making rash decisions based on wanting to be out. Lean forward in the foxhole, and dig your heel in. A bad choice at this point and time can result in having to fight for years to MAYBE get what you earned.

Based on what you said about the Ebenefits movement, I would say your packet is at the PEB right now. If your PEBLO is not helping, file an ICE complaint, talk to their supervisor, and the Ombudsman. You also can attempt to call the PEB. Usually the PEB analysts will help and look stuff up for you. Again, my guess is they are adjudicating your packet and typing the 199 at the PEB.

Hang in there and don't tap out when you are so close to the end.

Joe
 
ranger2992 said:
Having been where you are, I can tell you I understand what you are saying, but caution against making rash decisions based on wanting to be out. Lean forward in the foxhole, and dig your heel in. A bad choice at this point and time can result in having to fight for years to MAYBE get what you earned.

Based on what you said about the Ebenefits movement, I would say your packet is at the PEB right now. If your PEBLO is not helping, file an ICE complaint, talk to their supervisor, and the Ombudsman. You also can attempt to call the PEB. Usually the PEB analysts will help and look stuff up for you. Again, my guess is they are adjudicating your packet and typing the 199 at the PEB.

Hang in there and don't tap out when you are so close to the end.

Joe
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Joe,

My PEBLO told me the eBenefits site is notoriously unhelpful for Active Duty Soldiers but I still checked it daily. Starting around the beginning of August, it changed from "Gathering Evidence" (which it sat at from Dec 12-Aug 13) to "Review of Evidence", "Preparation for Decision" to "Pending Decision Approval" over a few days span. Then it reverted back to "Gathering of Evidence."

I'm just sick of waiting with no helpful information that can be provided. I finished my Bachelors in Nursing back last Sept and haven't been able to practice over a year of getting my RN license.

Am I allowed to call the PEB at Fort Sam to talk to them about my case? Civilians get real pissy about bypassing their lanes.
 
Easier to ask for forgiveness than permission. Just be respectful and plead ignorance if necessary. Attitude goes a long way on the phone.

As an alternative, have you reached out to be enrolled in VA VOC REHAB and maybe move forward with getting your Masters Degree. Just a thought.

As always, take care and good luck.
 
darrenfpc said:
Joe,

My PEBLO told me the eBenefits site is notoriously unhelpful for Active Duty Soldiers but I still checked it daily. Starting around the beginning of August, it changed from "Gathering Evidence" (which it sat at from Dec 12-Aug 13) to "Review of Evidence", "Preparation for Decision" to "Pending Decision Approval" over a few days span. Then it reverted back to "Gathering of Evidence."

I'm just sick of waiting with no helpful information that can be provided. I finished my Bachelors in Nursing back last Sept and haven't been able to practice over a year of getting my RN license.

Am I allowed to call the PEB at Fort Sam to talk to them about my case? Civilians get real pissy about bypassing their lanes.
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You can call them, but I recommend you only call as a last resort. Telling them that your PEBLO has been very unhelpful will probably get you nowhere. Just turn the sugar on and see what you can do. Something like I have a job offer pending may work. Also it was mentioned above, you can PM PEBLO11, or Sascha Robertson and see if they can look you up. They are both PEBLOS and very helpful.

Your Ebenefits is following the exact same path as mine. I know some others have had it happen as well. What happens is the VA finishes your proposed ratings to the PEB. This will make the bar move. Then it will go back to gathering evidence as they wait for the PEB to accept the ratings. After that it will sit for a while. Then the day after you leave service that claim will close and a new one will open. This is where the VA takes those proposed ratings, reviews them, and then gives final ratings.
 
Status update:

Talked to Patient Advocacy here at BAMC last week. Miraculously, my ratings just came back today. Don't know if it's a coincidence of what but got 20% Army/90% VA.

Thanks for all your help.
 
darrenfpc said:
Status update:

Talked to Patient Advocacy here at BAMC last week. Miraculously, my ratings just came back today. Don't know if it's a coincidence of what but got 20% Army/90% VA.

Thanks for all your help.
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Congratulations, indeed! :)

Are you satisfied with your overall proposed ratings?

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

Best Wishes!
 
Ozzy123 said:
At this point a congressional inquiry is a reasonable approach.
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Not sure if you paid attention, but after they talked to Patient Advocacy they got heir ratings...
 
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