Question:
Good Afternoon Jim,
I am active duty Regular Army and am currently approved for MEB/PEB. The PEB gave my initial findings, but i was unhappy with the results. They rated me a total of 40%. I had a ORIF Surgery (left clavicle) 20% / Hip CAM deformity with labral tear, left – status post arthroscopy with acetabuloplasty labral repair, femoral osteoplasty 10% / Right Hip Pain 10% / lower Back Pain 10%. My question is, will I get an increased rating if I recently found out that my left hip now has heterotopic ossification? I had an x-ray and the Orthopedic Surgeon told me that I'd have to get the surgery done again, but currently unable because my appeal is in September and I'll be getting out soon after that. Thank you for your time and expertise.
Jim's Reply:
Your ratings are likely to increase once VA takes over. After service VA ratings are always different and usually significantly more generous than MEB/PEB findings.
Why is that? The DOD is comparing your required physical and mental health duties and obligations to your active duty MOS. Ratings are a complex mishmash of rules and regs that simply don't apply to civilians...that's what veterans are you know.
My advice to active service members who are undergoing the laborious MEB/PEB process is...don't buck the system. Recognize that your only goal right now is to get your DD-214 in hand...everything you do today changes after that. Be prepared to wait for your benefits to kick in...maybe months.
I should add that just because ratings and so on change, the level of efficiency of the process may fall a good deal...hard to believe I know. Your VA is a mess right now and it may take you months or more to finish the details of your future and more lasting benefits.
What you need to do right now is prepare to meet the VA as a vet. Gather good copies of all your records, if you don't records will be lost. Not only medical records but any sort of unit records that may show what happened to you over time from a command perspective. For example, this could mean ship's log showing unusual conditions at the time of your injury and so on. But in the grand scheme of things, 10 years from today having good copies of your active duty medical records will be the best thing you can do.
If you feel that some time in the future a 'buddy statement' in support of a claim may help, line up who you may contact far into the future and make plans to stay in touch.
Deal with the process you're a part of today as efficiently and with as little fuss as you can so you can move on to where more lasting decisions are made at VA. Good luck.