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Hi, internet forums poster GAS CURES KIKES here, and today I'm going to talk to you plebes about the MEB process, IDES, VA C&P exams, and how and why your ratings for various things are what they are. Also eventually I will fully cover TDRL, PDRL, Med Separation, and CRSC payments.. But I thought I'd kick this off today with the big overview post, and at least cover mental health claims. Note: This is a loving complicated subject. I am almost certainly going to get something wrong, or off, as a lot of these things are changing all the time. If I gently caress something up, PM me and post in this thread with the right information / an actual source. Without further a do I give you my guide: INDEX: What is the MEB Process? And what the gently caress is IDES? How does this poo poo work? Medical Exams / How you are rated. - Mental Health - Muskuloskeltal [Coming Soon] - Organs of Special Sense [Coming Soon] - Auditory Accuity [Coming Soon] - Infectious Diseases, Immune Disorders and Nutritional Deficiencies [Coming Soon] - The Respiratory System [Coming Soon] - The Cardiovascular System [Coming Soon] - The Digestive System [Coming Soon] - The Skin [Coming Soon] - Neurological Conditions and Convulsive Disorders [Coming Soon] - The Genitourinary System, Gynecological Conditions and Disorders of the Breast, The Hemic and Lymphatic Systems, The Endocrine System, Dental and Oral Conditions [Coming Soon] IPEB/FPEB [Coming Soon] TDRL/PDRL/Med Sep [Coming Soon] CRSC [Coming Soon] I'm going to try and get 2-3 of these posts fleshed out at a time over the next day or two. My goal is to be as in depth as is useful. This is going to take me a little time, but I figured the sooner I get out to you guys what I have at the moment the better. Don't hesitate to start asking questions / discussing before all these posts are done. I can answer questions and work on the posts at the same time. GAS CURES KIKES fucked around with this message at Feb 18, 2013 around 13:12 |
| # ? Feb 18, 2013 13:01 |
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| # ? May 23, 2013 04:01 |
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So I'm a broke dick service member for whatever reason and I'm being med boarded. They're telling me I have to go to an MEB. What is the MEB process? Well first off-- sorry that you're broken. It happens a lot, like you would imagine, but believe it or not on the whole it doesn't happen to as large a percentage of service members as anecdotal information would seem to indicate. The very specific guidelines for what requires the initiation of an MEB varies fairly drastically in their implementation from service to service. However, the legal requirements that these implementations use are clear: You must have a physical, or mental, condition that prevents you from effectively carrying out your duties. So what does that mean on a practical level? It means that you'll sometimes see and E-4 with 3 years of service awaiting a med board for Carpal Tunnel Syndrome, while an E-7 using a cane to walk following spinal fusion is waiting to see if his condition improves enough to not warrant an MEB. Certain administrative issues can cause the initiation of an MEB as well. For instance, depending on the type of physical profile a person is issues by the medical folks, they may require a full MEB after a certain period of time on profile. The actual MEB/IDES process flows like this: Phase 1: Medical Issue (MI) happens and is treated by physician. If issue is ongoing and duty limiting it must be referred to an MEB within 1 year of diagnosis. At this point you are assigned what is called a Physical Evaluation Board Liaison Officer (PEBLO) and they may also call themselves Medical Evaluation Board Liaison Officers (MEBLO). These people are your POC for all things MEB/IDES Phase 2: MEB Referral, target is referral within 10 days for Active Duty (AD) and 30 days for Reserve Component (RC). These referrals form the basis for your medical examinations and what is to be evaluated. Within 45 days for both AD and RC you are to receive your Medical Examinations. In most cases this begins with meeting with a VA rep, and going over your medical records to determine what medical conditions you wish to claim with the VA for your VA disability rating. Only your Primary Care Manager (PCM) will specify what medical issues will be evaluated for your DoD disability rating. Up front you should know that your VA disability rating will almost certainly wind up being different than your DoD rating. Your DoD rating will only be for conditions that your PCM refers to the MEB process with, and what the medical exams support. Your VA rating will be based on whatever you claim and the medical examinations support. Under the current Integrated Disability Evaluation System (IDES) you will almost certainly have your medical exams done by the VA, at the VA. And the DoD will use these VA exams for your MEB/PEB. This is what makes it an INTEGRATED disability evaluation system. Once your examinations are done and the narrative summary (NARSUM) is completed by your PCM for the MEB, the Medical Evaluation Board meets within 35 days. The MEB is composed of local medical personnel and is required to have certain statutory members (For instance mental health professionals for any mental health issues, etc.) within the medical command. Phase 2 is ideally completed within 100 days for AC and 120 for RC. At this point your PEBLO should contact you with the results of the MEB. You can accept the MEB findings, Appeal the MEB findings, or Request a new MEB with an impartial review as appointed by the Medical Command folks. Worth noting is that you can appeal specific parts of the MEB and provide evidence/statements in memorandum form to contest either portions or the entire finding. The MEB has only two outcomes- Return to duty (Possibly with duty limitations codes) or referral to the Physical Evaluation Board for disability rating / service disposition. This leads us to the next phase. Phase 3: The Physical Evaluation Boards (PEB). Your completed MEB is forwarded to your services PEB process. Initially, your case will be forwarded to the Informal Physical Evaluation Board(IPEB) and ideally within 15 days of referral the IPEB will provide their findings- regarding whether or not you are fit for service, and their proposed service disposition, and proposed disability ratings. The IPEB can return the following outcomes for you:
Return to Duty Return to Duty w/ Limitations Unfit: Disability rating <30% Medical Separation Disability rating >30% Placement on the Temporary Disabled and Retirement List (TDRL) Disability rating >30% Placement on the Permanent Disabled and Retirement List (PDRL) Medically Separate for non service connected medical condition You can reject the findings of the IPEB and present yourself before a Formal Physical Evaluation Board (FPEB) in person on the governments dime. This is ideally completed within 30 days of the IPEB. You can again rebut the findings of the FPEB, and another FPEB will be empaneled to review your case. You can appeal on any basis that you like, but be ready to back it up with facts and evidence. The FPEB Appeal itself should ideally take no more than 30 days. If the PEB's find you fit you return you to duty, you go back to work and all is done. If you are found unfit however, within 15 days of being unfit your case (before coming back to you officially) is sent to the preliminary rating board. At this board they will determine your proposed disability ratings for the DoD and VA. Ideally within 15 days they get back to you with the PEB's findings, and the Rating Boards recommendations. You should get these two things at the same time, not separately. Once your PEBLO contacts you to tell you the outcome of the PEB/Rating Board you are allowed to begin your PEB Appeal and/or Rating Board appeal. If you are just contesting the rating the process should take 15 days. If you are contesting the PEB findings, use the timeline I pointed out above. Keep in mind, that by law, the DoD and the VA use the VA Schedule for Rating Disabilities for rating your disabilities. However, because the DoD is managed by a bunch of assholes, the DoD will use a standard of “Industrial impairment” for their rating, and the VA uses a more holistic “Loss of future earnings potential” We will cover the VASRD exhaustively in other posts. At this point you have a “Proposed” disability rating from the VA, and your actual DoD disability rating. I mention this, because your VA disability rating will not be completed and paying out to you until after you separate, give them a DD-214, and they finalize their proposed ratings. As of today, 18 February 2013, they are not changing ratings from their proposed rating unless a clear and obvious mistake or fraud was committed. They're already super backlogged, and their current system of doing intensive reviews of proposed ratings for non-IDES claims would backlog them even more, and they have statutory time lines for IDES claims.. that they're already breaking, but don't want to break even more. Phase 4: Transition time. This ideally takes 45 days but can take longer if the member has a lot of leave and permissive TDY time. In this phase your IDES claim is finalized, you're assigned to your transition unit (or just start the out processing from your normal unit). Phase 5: You provide the VA with your DD-214, and you get a VA Benefits letter in hand within 30 days of separation, and the beginning of VA compensation. THIS IS NOT HAPPENING ON TIME YET. AS OF TODAY, 18 FEBRUARY, THE BACKLOG IS ROUGHLY 90 DAYS. YOU WILL BE BACKPAID TO YOUR DATE OF SEPERATION ONCE YOUR RATING IS FINALIZED. EXPECT THESE TIMELINES TO GET WORSE BEFORE THEY GET BETTER So that's the gist of the MEB/PEB/IDES system. Really it is just an overview of how it works. We'll cover the nitty gritty details of how the medical exams work below. HOW DO MEDICAL EXAMS AND RATINGS WORK? Medical Exams, and how you are rated. I'm going to start this post with a link: THIS IS THE COMPLETE VA SCHEDULE FOR RATING DISABILITIES If in doubt, or something sounds off, or just want to look this poo poo up on your own and be certain. Use the above link. I'm going to assume at this point that you have a medical condition that is disabling or impairing, and you are seeking to have this compensated by either the DoD or the VA. They both use the same ratings schedule, but there are some small peculiarities in how they rate. For the sake of brevity, we will just cover how the VA does their ratings, and how they're calculated, and in a later post we can address specific instances and policies of the DoD that are counter to the established VASRD, and how they are giant dickholes that need to start following federal law but never will. There are some very important preamble stuff to the federal law regarding the VASRD that we need to go over upfront. If you're not wanting to get into the technicality and legaleese and just want to know about rating standards, skip this entirely. Though that would make you a huge worthless rear end in a top hat who deserves to get hosed over because he wouldn't take the time to educate himself. ![]() These quotes are straight from the relevant federal code (38 CFR Book C, Schedule for Rating Disabilities) Unless otherwise noted. quote:§4.14 Avoidance of pyramiding. This is a good point to point out the 8 year rule. All of us sign 8 year contracts when we enlist, some have as little as 3 years active duty, some have as many as 6. The none active part is 2-5 years of IRR time. If you have a disability of any kind that is ratable, after 8 years of active service that disability is presumed to be service-connected regardless of whether it can be proven pre-existing. This means that things like Bi-Polar disorder, which has a decent chance of existing prior to service, and your psych may evaluate your history and decide you were bipolar before you joined-- is service connected once you've done 8 years of service. IRR time does not count toward this rule So section 4.14 points out the pyramiding clause. All this means is that lets say you were in a vehicle roll over, and ruined your shoulder-- and that injury also gave you nerve damage, and you have a lot of Tachycardia (high heart rate) as a result of the pain, and you also have shortness of breath, that you are not evaluated and rated as having 4 separate disabilities/injuries. You have a hosed up shoulder that has those things as a side effect, so those side effects are weighed in the rating of your injury if applicable under the VASRD. (Shortness of breath and high heart rate from pain are almost certainly not included in the rating criteria, so they won't matter. The nerve pain will, but will fall under the major injury to your shoulder.) Hopefully this makes sense to you. You won't be getting a stacked and loaded rating for multiple issues caused by a single injury/disease. The VA will do its best to “drill down” to root causes and rate on them, taking into account the effects where prescribed by law, and provide you a rating. Next we have the issue of Total Disability ratings: quote:§4.15 Total disability ratings. What this is saying is that your individual disabilities may not add up to 100%, but that if you are unable to work because of your disabilities you will be given a rating of Total Disability Individual Unemployability (TDIU) where you receive benefits of 100% disability, so long as you are not employed. It also provides the definition for permanent and total disability (PTD: 100% permanent and total disability) which entitles an individual to other benefits. A 100% rating is not PTD, and TDIU is not the same as PTD. Anything other than a 100% PTD rating is assumed that your level of disability could potentially improve and may be re-assessed by the VA at their discretion. Also important to note, a 100% rating without PTD and without TDIU is possible, and you will be allowed to work and receive 100% benefits. You are also allowed to work with a 100% PTD rating, though it is assumed you'll be unable to or have great challenges in gaining employment. TDIU ratings and payment are based on you remaining unemployed and are not permanent. A vet can be rated TDIU during inpatient hospital treatment, or following a heart attack or stroke during their rehabilitation, for instance. How the gently caress are my ratings added and calculated for their total? Glad you asked. This poo poo gets a little magical, so hang with me here. quote:§4.25 Combined ratings table. And the table in question follows: code:Meet our model patient Joe. Joe has the following ratings: Traumatic Brain Injury: 60% PTSD: 50% Lumbar Spine Issues: 10% Right Knee Issues: 10% Hearing Loss/tinnitus: 10% Holy poo poo!!! That adds up to 140%!!! Obama is gonna get this kid his own Rolls Royce and have him poking poor people with a loving stick! Not so fast there turbo, lets use the table above to figure this poo poo out. The first rating is 60%, so we find 60% on the far left side and we go over to 50% on the top side of the table. We find this combines to 80%. Now the next rating is 10% so we go to the left again, find 80% and 10% on the top.. we find that gets us to 82%. Now we go 82% and 10% and find that is 84%... and now we go 84 and 10% is the magical 86%. For VA ratings we round to the nearest 10%, so Joe is getting a 90% disability rating. The VA is pretty nice and rounds up from 5%, so 84% would round to 80%, and 85% would round to 90%. Do your best to wrap your TBI addled mouse turd brains around, because if you don't you're going to find yourself getting pissed as hell at your rating. Okay so I got rated 0% for my intermittent relapsing remitting bed wetting, what the gently caress is that all about? quote:§4.31 A no-percent rating. Just what it says there. If they acknowledge you have a disability but it doesn't meet compensable levels of rating, or one doesn't exist, you get rated 0% for it. This is a good thing though, because it means they acknowledge you have a bed wetting problem, and will provide you treatment for your bed wetting, free of charge. The more you know So now we're finally past the preamble and on to the “how the gently caress do my VA medical exams work” section (And keep in mind under an IDES MEB/PEB system your VA exams form the basis for you DoD disability claim as well.) We're gonna go from head to toe and cover common issues, and show how they are evaluated, and rated. There are about to be a fuckton of GAS CURES KIKES fucked around with this message at Feb 18, 2013 around 13:08 |
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Mental Disorders We'll start with the relevant law regarding diagnosis of mental disorders quote:§4.125 Diagnosis of mental disorders. What does this mean? Your diagnosis of a mental disorder must conform to the DSM-IV's criteria for diagnosis. If it isn't it will be kicked back, or rejected. If your psychiatric diagnosis changes, the rating agency (VA/DoD) will determine if the new diagnosis is the natural course of the illness, a correction of a previously invalid diagnosis, or a completely new issue. If the ratings folks can't figure that poo poo out on their own from the available records, they'll ask the guy who gave you the diagnosis to make that determination on their own. This is important because if Psychiatrist 1 says you have depression and anxiety disorders, and you are rated 30% for them, and a year or two later Psychiatrist 2 says your depression and anxiety are actually the manifestation of PTSD and the first psych was a retard, then you are given a different disability rating all together for PTSD based on the new psych's exam. You could be entitled to back pay. If it's a lower rating, you won't owe them anything as it wasn't fraudulent on your part. So keep the above poo poo in mind, because a lot of mental disorder diagnostic stuff is subjective as gently caress, and while the DSM-IV attempts to make diagnosis of mental disorders as objective as possible-- it is not at all uncommon to have 2 different psych's get 2 different conclusions regarding your mental health. Side note: What kind of mental health provider you are seeing often times will guide what your diagnosis is. PhD Psychologists (Not M.D's or D.O's or NP's) have a tendency to diagnose a lot of poo poo as AXIS-II personality disorders. These are not compensable. M.D/D.O/NP Psychiatrists tend to diagnose a lot more on Axis-I, which is stuff like PTSD, Bipolar, Depression, etc. These are more “clinical” mental health issues that can be treated with drugs. LCSW's who are Licensed Clinical Social Workers are the bane of your existence and have a tendency to have wildly different levels of expertise and training, and honestly should never be giving you a diagnosis if you can avoid it. Just.. do whatever you can to loving avoid having LCSW's putting diagnostic codes on you. So what are the general criteria used for rating mental disorders? Glad you asked: quote:§4.126 Evaluation of disability from mental disorders. Key take aways:
Your individual ability to adjust back to normal during remission is important. How much your day to day life is getting hosed up socially and occupationally are very important. If your mental issues are tied to a physical issue, you will be evaluated using a diagnostic code for the more disabling of the two issues (I.E. if the TBI is 80% and the depression caused by it is 50% you get that 80%) So what are the various Mental Disorder diagnosis's that are covered by the VASRD? We're going to cover them by the major “type” of disorder, followed by the individual diagnosis codes, and then I'll go indepth with the general mental health ratings guidelins that are used for all of the below diagnostic codes. You can also use THIS LINK on your own to look it up. SCHIZOPHRENIA AND OTHER PSYCHOTIC DISORDERS
9202 Schizophrenia, catatonic type 9203 Schizophrenia, paranoid type 9204 Schizophrenia, undifferentiated type 9205 Schizophrenia, residual type; other and unspecified types 9208 Delusional disorder 9210 Psychotic disorder, not otherwise specified (atypical psychosis) 9211 Schizoaffective disorder DELIRIUM, DEMENTIA, AND AMNESITIC AND COGNITIVE DISORDERS
9301 Dementia due to infection (HIV infection, syphilis, or other systemic or intracranial infections) 9304 Dementia due to head trauma 9305 Vascular dementia 9310 Dementia of unknown etiology 9312 Dementia of the Alzheimer’s type 9326 Dementia due to other neurologic or general medical conditions (endocrine disorders, metabolic disorders, Pick’s disease, brain tumors, etc.) or that are substance-induced (drugs, alcohol, poisons) 9327 Organic mental disorder, other (including personality change due to a general medical condition) ANXIETY DISORDERS
9403 Specific (simple) phobia; social phobia 9404 Obsessive compulsive disorder 9410 Other and unspecified neurosis 9411 Posttraumatic stress disorder 9412 Panic disorder and/or agoraphobia 9413 Anxiety disorder, not otherwise specified dissociative disorders
personality disorder) 9417 Depersonalization disorder SOMATOFORM DISORDERS
9422 Pain disorder 9423 Undifferentiated somatoform disorder 9424 Conversion disorder 9425 Hypochondriasis mood disorders
9432 Bipolar disorder 9433 Dysthymic disorder 9434 Major depressive disorder 9435 Mood disorder, not otherwise specified chronic adjustment disorder
All of these disorders are rated under the general ratings guidelines for mental health issues. Those guidelines follow: quote:General Rating Formula for Mental Disorders: So as you can see here, there is a lot of subjectivity built into the ratings, even though they try to be as objective as possible. The key thing for you the patient to keep in mind is that you need to quantify things as much as is realisticly possible for your mental health professional. That means keeping a log of your mood state on a scale of 1-10, noting how often and how long panic attacks happen, logging how much sleep you are getting, etc. If you can measure it, and it's a symptom-- measure it and be able to give it to your provider. Writing this stuff down and logging things ensures you get the proper diagnosis and rating for your mental health issues. You're only loving yourself if you just walk into the C&P exam and say “Yea some days I get panic attacks, other days I don't, and I get pretty crappy sleep” instead of saying “In a 30 day period I had a panic attack on 18 days, I'm averaging 3 hours of uninterupted sleep, and my mood has been below 5 for 22 of the last 30 days. I took my meds at the same time 29 of the last 30 days, the one day I didnt I took my meds 3 hours late. I have not been able to get out in public at all unless I absolutely had to for the last 30 days, and I haven't been able to visit with friends or go to work at all in the last 30 days.” Trust me on this poo poo. It's important, and it's going to help you get the proper diagnosis, treatment, and also rating. GAS CURES KIKES fucked around with this message at Feb 18, 2013 around 13:09 |
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Organs of Special Sense [Coming Soon]
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| # ? Feb 18, 2013 13:02 |
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Auditory Accuity [Coming Soon]
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| # ? Feb 18, 2013 13:03 |
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Infectious Diseases, Immune Disorders and Nutritional Deficiencies [Coming Soon]
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| # ? Feb 18, 2013 13:03 |
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The Respiratory System [Coming Soon]
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| # ? Feb 18, 2013 13:03 |
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The Cardiovascular System [Coming Soon]
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| # ? Feb 18, 2013 13:04 |
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The Digestive System [Coming Soon]
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| # ? Feb 18, 2013 13:04 |
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The Skin [Coming Soon]
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| # ? Feb 18, 2013 13:04 |
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Neurological Conditions and Convulsive Disorders [Coming Soon]
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| # ? Feb 18, 2013 13:04 |
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The Genitourinary System, Gynecological Conditions and Disorders of the Breast, The Hemic and Lymphatic Systems, The Endocrine System, Dental and Oral Conditions [Coming Soon]
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| # ? Feb 18, 2013 13:05 |
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IPEB/FPEB [Coming Soon]
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| # ? Feb 18, 2013 13:05 |
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TDRL/PDRL/Med Sep [Coming Soon]
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CRSC [Coming Soon]
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[RESERVED FOR FUTURE USE / MAYBE A FAQ OR SOME poo poo]
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| # ? Feb 18, 2013 13:13 |
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GAS CURES KIKES posted:
This is only for the MEB process right? There is no 8 year rule when it comes to VA service connection. For VA purposes, something that pre-existed service must be shown to have been aggravated beyond the course of natural progression in order to be considered service connected. However, before VA even considers that, VA (not you) must overcome the "presumption of soundness" which means that a service member is presumed to be of sound mind and body at the time of enlistment unless there is strong evidence to the contrary or it is annotated on the enlistment examination. So for example if you broke your tibia prior to service, but you developed stress fractures while running, if that initial break is documented on your enlistment examination, then VA will only be able to consider service connection on an aggravation basis. Now if for example you're claiming bi-polar disorder and were treated for it as a teenager, but lo and behold your recruiter told you to keep your mouth shut and you're not stupid enough to send in all your treatment records from when you were a teenager, and provided that the first time the evidence that VA has of your bi-polar disorder is during your service, then VA hasn't rebutted that presumption of soundness and it's alot easier to get service connection. This is so even if you swear up and down that you had this since you were nine, VA won't (or at least isn't supposed to) use your unsupported statement against you, even if it's contradictory. Now that gets you half way there. I'd like to take a moment to discuss one of the most important things that VA looks at in determining service connection and the evaluation assigned: Examinations and medical opinions Believe it or not, the people who end up doing VA rating decisions, and ultimately making the initial decisions regarding your compensation level, are not necessarily going to be doctors and lawyers. All they do is look at the evidence of record to determine 1: does the evidence allow a grant of the requested benefit, 2: what's the evaluation to be assigned, and 3: how far back can VA retroactively grant the benefit. Now these people aren't, for the most part, qualified to render any kind of judgment regarding medical issues so the courts have determined they are not able to substitute their own unsubstantiated medical judgment to render a decision. So for example, they cannot look at your records and say "yep, this veteran's single instance of high blood pressure in 1989 most definitely demonstrates that his hypertension began during service." Rather, as that is a medical determination the issue is deferred to a medical examiner to render an opinion as to whether the veteran's current hypertension is at least as likely as not related to the high blood pressure noted in 1989. Why is this important to know? Because if you have a questionable case that isn't virtually 100% assured (e.g. you were diagnosed with arthritis in service), then chances are your claim will be referred to an examiner for a medical opinion. This is where a great deal of delay in the processing of claims actually begins to show up. You see, VA has a "duty to assist" all claimants in developing their claims. That means if the evidence isn't sufficient to support a grant, VA's duty is to get as much evidence as possible to either allow it to grant or enough to show that it cannot be granted. If your claim has been pending for 18 months and you see on Ebenefits that it keeps going from ready for decision to open and back and forth, it's because VA want's to get all the evidence together to support their decision. What this means to you is that you need to help convince the examiner that it's at least as likely as not that your claimed disability is related to an event in service or to a service connected disability, in addition to showing that to the VA decision maker. So if for example you think your back condition is related to your service which ended in 1995, but you were only treated once for a back strain, get evidence that your current back condition is related to that condition way back then. If you had private treatment from a chiropractor, accupuncturist, ritual shaman, whatever, give those records to not only your regional office, but show them to the doctor conducting your examination too. If that examiner says that it's at least as likely as not related to an event in service, you're pretty much golden so long as there's nothing overtly contradictory in the record. I'm sure the OP will provide deeper coverage of the regulations regarding various conditions, but the VA process is never cut and dry as every veteran is a unique snowflake. I do this stuff for a living, so I'd be happy to address any questions or concerns people might have regarding the details of the process itself.
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| # ? Feb 18, 2013 21:22 |
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I gotta dig through the instruction, but at least navy side there are specific time frames that must be followed IE 10 calendar days from notification of IPEB findings to appeal or auto accept the results. I'm not going to go into too much detail cause I don't want to be wrong, but I'll dig up as much of the navy stuff this week and shoot it over to you. This thread is awesome.
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| # ? Feb 18, 2013 21:52 |
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Soon as you flesh out the rest of what you want to post I'll sticky this FYI.
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| # ? Feb 18, 2013 21:54 |
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cult_hero posted:This is only for the MEB process right? There is no 8 year rule when it comes to VA service connection. For VA purposes, something that pre-existed service must be shown to have been aggravated beyond the course of natural progression in order to be considered service connected. However, before VA even considers that, VA (not you) must overcome the "presumption of soundness" which means that a service member is presumed to be of sound mind and body at the time of enlistment unless there is strong evidence to the contrary or it is annotated on the enlistment examination. So for example if you broke your tibia prior to service, but you developed stress fractures while running, if that initial break is documented on your enlistment examination, then VA will only be able to consider service connection on an aggravation basis. Now if for example you're claiming bi-polar disorder and were treated for it as a teenager, but lo and behold your recruiter told you to keep your mouth shut and you're not stupid enough to send in all your treatment records from when you were a teenager, and provided that the first time the evidence that VA has of your bi-polar disorder is during your service, then VA hasn't rebutted that presumption of soundness and it's alot easier to get service connection. This is so even if you swear up and down that you had this since you were nine, VA won't (or at least isn't supposed to) use your unsupported statement against you, even if it's contradictory. Thank you for this addition, feel 100% free to use this thread to provide advice and insight, and correct anything I may be off on-- I've only been "professionally" doing this for a short period of time, so your expertise is greatly appreciated. As far as the 8 year rule, yes-- this is a DoD/VA IDES rule for service connection of disabilities. The first iteration of this guide is going to focus a lot on how this stuff works from an IDES, pre-seperation exams point of view. The rules aren't drastically different if you're filing a claim immediately following service, but they're different enough that any insight you can provide would be appreciated. Vasudus posted:Soon as you flesh out the rest of what you want to post I'll sticky this FYI. Goal is to be done by Weds night.. Some of the major systems, like muskuloskeltal are f'ing HUGE posts. I'll do my best to get it done quickly.
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| # ? Feb 19, 2013 02:11 |
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VAS please don't delete this thread or anything, I got slammed by some real life stuff so I haven't been able to give this the love I intended to. I will get this done as soon as I can, I'm just getting hosed in the rear end by life at the moment.
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| # ? Feb 20, 2013 17:15 |
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VA evals are so weird. 10% for my clicky wrist, that I hosed up moving some heavy rear end poo poo, denied for my knee that has bothered me from running for over a year.
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| # ? Feb 20, 2013 23:57 |
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TLG James posted:VA evals are so weird. 10% for my clicky wrist, that I hosed up moving some heavy rear end poo poo, denied for my knee that has bothered me from running for over a year. At least they're quick and efficient! ;D Mine finally moved to pending approval after being on gathering evidence for over a year so it jumped quite a bit!!
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| # ? Feb 21, 2013 01:06 |
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haha so these loving VA dicksucks lost a bunch of paperwork I sent them and I didn't find out until now.....and the status of my claim is preparation for notification.........................................lol its cool its only been 2 years i can wait 5 more e: lol when you call my regional office it just says everyones busy and hangs up on you, va trolls like whoa genderstomper58 fucked around with this message at Feb 28, 2013 around 21:00 |
| # ? Feb 28, 2013 20:45 |
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Calling in to the regional office to just check on claim status doesn't really work. Unless you have the direct number to the director's office or the VSC Manager, you will not get through to anyone. If you do, chances are they won't be able to help you. If they are at their desk, they are supposed to be working on a claim or working with a veteran face-to-face. So if they answer the phone and start to look your stuff up, another veteran's claim gets delayed. Your best bet is to call the National Call center (800-827-1000). They have access to all the same information that the people in the RO have, and their only job is to answer the phones and try to get your questions answered. Of course, if you really want to get answers, having your Congressman ask the RO director about the status will usually get you prompt attention. The trick there is to make sure that your tale of woe is clearly laid out and that your case represents unreasonable delay and/or response from the VA. Depending on what else comes across their [staffer's] desk that day - this may be your best shot.
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| # ? Mar 1, 2013 01:36 |
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Oh my bad, the # for the national thing is actually the same one I was using so I was calling the right number. Texas Veterans Commission has a hotline where they can check but they told me they couldn't specifically tell me if the VA got it or not. I don't know how their system compares to the VA so I hope the VA didn't frigging lose it.
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| # ? Mar 1, 2013 02:01 |
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Just wanted to post this picture. This is a timeline of the entire IDES process, with important phases and events marked as well as target times for each phase and the total process. This is from the Army's "IDES Guidebook," published by the Army Medical Command in OCT 12.![]() There are also graphics that better break down each of the major phases of IDES, which I will provide if the OP thinks it will be helpful.
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| # ? Mar 1, 2013 04:26 |
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Shim - question time! When I get out, I'm likely to get severance and not a pension because my specific disabling condition technicall only merits 10% according to the rating guide. I was told that I would get my severance initially taxed, but the taxed portion would be refunded with my next year's income tax. I was also told that I wouldn't start receiving my VA pension (likely in the 50-70% range) until I had paid back all of the severance. Now, I know with the pension setup, you can't double dip unless you have a combat exemption, so I'd get my DOD pension - my VA pension as taxed and VA pension as tax free. Are they trying to say my severance is just an advance on my VA pension? How can they do that and what can I do to fight it? I'd rather lose 20-30% of my severance to taxes and get my VA pension than get that 20-30% back and be stuck with no monthly income for 5-6 years.
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| # ? Mar 1, 2013 20:42 |
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I wish I had've gotten stuff documented to me when it happened. I have a permanent bone spur in my ankle from an untreated sprain. Sometimes it hurts despite it happening almost 10 years ago. Is there anything I can do? I EAOSed last year and joined the reserves. I had it looked at by a Navy doc a few years ago and they said the only thing that could be done is a surgery that would just as likely leave me crippled as it would be to fix a minor inconvenience.
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| # ? Mar 2, 2013 19:30 |
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KetTarma posted:I wish I had've gotten stuff documented to me when it happened. I have a permanent bone spur in my ankle from an untreated sprain. Sometimes it hurts despite it happening almost 10 years ago. Is there anything I can do? I EAOSed last year and joined the reserves. I had it looked at by a Navy doc a few years ago and they said the only thing that could be done is a surgery that would just as likely leave me crippled as it would be to fix a minor inconvenience. If it's not documented, the only other ways you can force VA to concede that it happened is to either 1: get a few other guys to swear up and down that they saw you hurt your ankle, 2: assewmble medical evidence to show that it is at least as likely as not related to service (i.e. that the constant strain of ruck marches caused your injury) or 3: show that it occurred during combat, provided you can prove you engaged in combat. If you engaged in combat and can prove it (such as through a CAR, CIB, etc.) then so long as your claimed injury is consistent with combat, VA can concede it occurred regardless of if there is any documentation. So if you have a CIB and you sprained your ankle jumping in a hole or broke your nose going hand to hand with bin laden, then VA can concede that it occurred without any direct evidence that it did.
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| # ? Mar 3, 2013 00:35 |
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I am fukt. Got it. "I sprained my ankle in boot camp and they wouldnt let me go to medical and it still hurts sometimes" doesn't seem like it would hold much water.. especially since it happened a decade ago.
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| # ? Mar 3, 2013 05:20 |
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KetTarma posted:I am fukt. Got it. "I sprained my ankle in boot camp and they wouldnt let me go to medical and it still hurts sometimes" doesn't seem like it would hold much water.. especially since it happened a decade ago. Maybe try talking to a DAV dude? I never did but I always see it recommended
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| # ? Mar 3, 2013 05:40 |
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I have a 60% VA rating for seborrheic dermatitis w/antibiotics. In the rating letter, it said something along the lines of it being a "temporary rating." I have stopped taking antibiotics and moved onto a topical treatment due to changing doctors. Is there a chance my rating can be reduced because it's temporary? If it matters I have had the infliction for more than 5 years, and the rating goes back to June 2010.
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| # ? Mar 13, 2013 23:57 |
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Even if it isn't 'temporary', the VA can always schedule an examination and revise the rating up or down. The only way a rating is considered permanent is if you have had the rating for 20+ uninterrupted years. That said, unless you are scheduled for an exam or you somehow reopen the claim, it won't automatically reduce (with some exceptions that don't seem to apply based on information given)
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| # ? Mar 14, 2013 01:20 |
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kys posted:I have a 60% VA rating for seborrheic dermatitis w/antibiotics. In the rating letter, it said something along the lines of it being a "temporary rating." I have stopped taking antibiotics and moved onto a topical treatment due to changing doctors. Is there a chance my rating can be reduced because it's temporary? If it matters I have had the infliction for more than 5 years, and the rating goes back to June 2010. Yes. The rating schedule looks at systemic therapy such as corticosteroids or immunosuppresants (i.e. prednisone or humira, etc.) Depending upon the person who issued the original rating, antibiotics either may or may not have been considered as "systemic therapy" and there isn't a whole lot of official guidance on that issue. So in essence, you lucked out and possibly got over evaluated for your dermatitis. Now the good news is you've at least got another 2.5 years to enjoy it. But if you no longer warrant the continued evaluation, then once the review is conducted, the evaluation will in all likelyhood be reduced. Eventually.
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| # ? Mar 15, 2013 00:59 |
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Random question. If you do 20 and get your retirement what about all the injuries acquired during that 20 years? Like do you get your pension +20% or whatever?
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| # ? Mar 22, 2013 14:27 |
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You get your retirement pay. Then you submit your claim for disability. The VA will evaluate your claim based upon evidence provided. If additional exams are required to determine the extent of the injury/condition, these are provided by the VA free of charge. Then you will get two things, a determination of whether or not each claimed issue is service-connected (i.e., originating while in service, or aggravated while in service). and a combined disability rating from 0% to 100%. You will then get a monthly check based upon this rating and your number of dependents retroactive to your date of claim. This is tax-free and does not get affect your retirement pay. Golli fucked around with this message at Mar 22, 2013 around 15:54 |
| # ? Mar 22, 2013 14:41 |
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Golli posted:You get your retirement pay. You only get a check if your rating is >50%. If it's less, then you get that amount of your pension free of taxes. That's why the sleep apnea scam is so lucrative.
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| # ? Mar 26, 2013 21:14 |
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Separation phsyical and dental exam are done. Now what the gently caress do I do? Contact a vet services group to help work with the VA or...what?!? I'm clueless and no one here seems to know the answer. I really feel apprehensive about contacting the VA to start claims on my own.
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| # ? Mar 27, 2013 01:31 |
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| # ? May 23, 2013 04:01 |
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holocaust bloopers posted:Separation phsyical and dental exam are done. Now what the gently caress do I do? Contact a vet services group to help work with the VA or...what?!? I'm clueless and no one here seems to know the answer. I really feel apprehensive about contacting the VA to start claims on my own. Your base will have a "military coordinator" that works CLOSELY with the PEBLO / MEB office. Get in contact with those folks to get in contact with your VA military coordinator. You can start your claim now, while you are out processing. It won't be expedited under the highest priority code (That's for IDES claims) but it'll be expedited ahead of anyone who waits to file a claim until after they get out, and all the other 900,000 schmucks waiting. Go here: https://vabenefits.vba.va.gov/vonapp/instructions.asp Get started. If you have more questions about what to do-- lemme know. GET A COMPLETE COPY OF YOUR MEDICAL RECORDS ASAP, AND BE READY TO ORGANIZE THE INFORMATION NEEDED FROM THOSE RECORDS TO SUPPORT YOUR CLAIM. So you need to 1) Get your medical records yesterday. 2) get to that military coordinator and ask him how he can help you right now. Lemme know if you've got further questions.
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| # ? Mar 28, 2013 21:34 |























