RESOURCE - LT Kaffee Answers Your Legal FAQs (VA, MilJus, etc.)

The Something Awful Forums > Discussion > Internet VFW > RESOURCE - LT Kaffee Answers Your Legal FAQs (VA, MilJus, etc.)

Delizin: Nov 9, 2005; It may not be interracial, but it is black and white.

A note about the PEB stuff and being combat related. It is called Combat Related Special Compensation or CRSC and combat related doesn't necessarily mean what most people think it means.

As per the regulation:

quote:

Disabilities that may be considered combat related include injuries incurred as a direct result of:

- Armed Conflict
- Hazardous Duty
- An Instrumentality of War
- Simulated War

What that means is if your disabilities is a result of some jackass flipping a hmmwv during a training exercise stateside, you most likely qualify for CRSC.

You can find some more info on this from these places:
http://www.dfas.mil/retiredmilitary/disability/crsc.html
https://www.hrc.army.mil/TAGD/Combat%20Related%20Definitions

IDR posted:

PEB will almost ALWAYS put you on TDRL first, and it does not necessarily mean you will be reduced later. However, the regs say TDRL first.

DoD rating matching VA? Possible...if the same condition that's making you service ineligible is the only thing wrong with you. Because both systems use the VASRD schedule and both interpret it fairly consistently (though VA is a lot more generous on mental health) that's entirely possible...but it's unlikely, as usually there are other minor ouchies that the VA can look at that weren't part of the PEB evaluation.

Both of these statements are wrong.

There is no requirement or regulation that says you be put on TDRL before going to PDRL. You will be put on TDRL if your physicians and the PEB believe that your condition isn't stable. That means if they think there will be any significant change in your condition for the better or the worse in the next few years they will want you on TDRL. The reason why you don't want to be on TDRL is that you will be required to be reevaluated every 6-18 months for the next 5 years or until your condition has stabilized. After you have stabilized if you are still hosed up they will give you a permanent rating based on your current condition and if your not too hosed up they can bring you back in the service to finish up your enlistment where you left off. PDRL gives you the peace of mind that your income won't be going down suddenly after a doctor's visit and that you won't get dragged back in.

As far as the DoD rating matching the VA, the current process only has the VA rating your disabilities. The PEB no longer has any say in what percentage you get. The PEB will decide whether or not each condition renders you unfit for duty and will determine your DoD rating based on what rating the VA gives for each of your conditions that the PEB decided made you unfit for duty.

# ¿ Oct 12, 2014 04:24

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# ¿ May 15, 2024 18:59

Delizin: Nov 9, 2005; It may not be interracial, but it is black and white.

ActusRhesus posted:

Do you have some documentation of that change? I don't want to give bad info on here, but I am 100% positive that the rating % was always a big part of the FPEB fight. http://www.dtic.mil/whs/directives/corres/pdf/133218p.pdf

The only time the PEB gets input on the actual ratings it in the legacy DES. IDES was started in 2008 and at this point almost everyone going through a MEDBOARD is put into that system. In IDES only the VA provides ratings for disabilities. It is covered in that same directive that you posted.

Here is a handout you can verify.
http://www.med.navy.mil/sites/pcola/SpecialLinks/Documents/IDES%20Overview%20Handout.pdf

# ¿ Oct 12, 2014 15:24

Delizin: Nov 9, 2005; It may not be interracial, but it is black and white.

Appeals are pretty straightforward. If you have a problem with the ratings you ask for a VA reconsideration and if you have a problem with which conditions make you unfit to serve or if you need to add conditions that were left out then you take it to the PEB. It is a little slower now to add conditions since the PEB will then have to send it to the VA for a rating, but it is more consistent.

# ¿ Oct 12, 2014 16:04

Delizin: Nov 9, 2005; It may not be interracial, but it is black and white.

bulletsponge13 posted:

I have been in the process for five years. My packet should be arriving at big Army for the PEB process, with the MEB having been done in 2009.
Yes, it has been a serious loving cluster. The Army already has all my VA information/medical records, and I am being told it should be relatively quick (ha!) decision. My question was really a more of what should I expect at the end of all this bullshit, and maybe how painful of a process this is going to be.
E: I will type out a long, detailed thing later- I am on my phone right now.

My MEB took something like 3 and a half years and it kept stalling at every stage. It ended up getting rushed to completion at the end when people from the Pentagon started calling and asking why it was taking so drat long. I don't know what office in the Pentagon is handles MEBs, but your PEBLO is supposed to be reporting every case that goes on longer than a certain amount of time to them. Maybe find out if that has happened.

# ¿ Oct 13, 2014 00:35

Delizin: Nov 9, 2005; It may not be interracial, but it is black and white.

Definitely get an advocate. They tend to know their way around the system pretty well and have the access to see how your claim is progressing and can help catch hiccups before too much time is wasted.

Having an advocate isn't going to cost you any money, so there is absolutely no good reason not to have one. There are tons of difficult organizations that do this work

You can check out the DAV, American Legion, State/County Veterans Service Officers, etc. I have used DAV in the past and they were great. I am currently using my County VSO as my rep and he is pretty on the ball as well.

The VA has a list of VSO organizations here: http://www.va.gov/vso/VSO-Directory_2013-2014.pdf

But it is easier if you just use the search engine on ebenefits: https://www.ebenefits.va.gov/ebenefits-portal/ebenefits.portal?_nfpb=true&_portlet.async=false&_pageLabel=VsoSearch

# ¿ Nov 9, 2014 05:33

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# ¿ May 15, 2024 18:59

Delizin: Nov 9, 2005; It may not be interracial, but it is black and white.

Kawasaki Nun posted:

Got a question about moving and security deposits.

I recently moved out of an apartment and got hit with an 800$ deduction from my security deposit. The invoice listed 7 hours of cleaning at 45$/hr, 3 hours of painting at 45/hr, the replacement of wood under the sink drain that had been damaged by the drain being installed incorrectly, and some other minor stuff.

I've gotten quotes from cleaning services in the area for an apartment my size and they're about half of what was charged. The need for painting arose from two scuff marks on the wall, one of which I believe was caused by movers hired by the apartment complex to install a new clothes washer.

I don't have any photos of the property before I moved in, or a copy of my check-in sheet. They're claiming that they don't have a copy of my check-in sheet either. About 2 weeks after I moved in there was a change in property management so the people I am talking to now were not working there when I moved in.

How hosed am I if I try to take this to small claims court and recoup some of my deposit? They sent me photos of the "damage" I had caused to the apartment and the idea that it amounts to 800$ worth seems ridiculous to me, particularly combined with the notion of normal wear and tear. It was by no means pristine when I left, but the apartment was completely cleared of all trash and debris. I also wiped down all the vertical surfaces.

I live in Boulder, CO.

File the suit in small claims court or at the very least get a lawyer to send them a letter of intent to sue. Most likely they will back off and return your deposit to avoid having to go to court.

# ¿ Sep 30, 2015 20:04

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