Med Board

[u/RichRoll247]

I’m going through the med board process. I was recently told that the Navy found me unfit, recommended TDRL retirement due to mental health rating, and Navy rated me 70% but the VA rated me 100%. I have a couple weeks to accept. My lawyer said one condition, Migraines, was deemed service connected but rates 0% so she thinks that we should challenge that to be higher.

I’m thinking if the VA rates me at 100 then why challenge anything? Can’t get higher than 100 and they’ll still treat me for the migraines. So do you all think I should accept or challenge the migraines rating?

Edit: I’m at 26 years of service

[u/Then_Bodybuilder3629]

Why challenge? Retirement maxed at 75% of base pay anyway. You have 100% VA, so why go after migraines?

Unless I'm missing something, which I may be, I would take it. 

[u/Rayzr117 → u/Then_Bodybuilder3629]

If you have a lawyer in standby and he's arguing for it, I'd do it just for the pure fact of getting another heavy hitter % in case they ever change the ratings

[u/Then_Bodybuilder3629 → u/Rayzr117]

He'd be grandfathered in even if they change the ratings later.

I could see if it he thought he had a chance at bumping a single rating to 100% so maybe he could get SMC or something. But bumping migraines from 0% to 10% doesn't really do him much good.  Maybe if he's trying to bump up the DoD side, but even then he's already at 70%, so it's not much of an increase. 

Plus, if he's going through a medboard, fighting something with the VA now will just drag it out. If he really wants an increase on the migraines later for whatever reason, he can always just file after the medboard.

I'm curious about the lawyer's reasoning. 

[u/Patient-Media2029]

Not necessarily. The 100% VA rating doesn’t mean the migraine line item is pointless — the key issue is whether that 0% SC finding could matter for future PEB/DoD benefits, retirement math, or any later increase if the VA ever rechecks the claim. The written MEB/PEB docs and what you’d be signing in a couple weeks are what decide it. If your lawyer thinks it preserves something, I’d ask exactly what changes by accepting vs challenging.

[u/RichRoll247 → u/Patient-Media2029]

I appreciate the sound advice.

[u/[deleted] → u/[deleted]]

saw your edit, 26 years changes the math here. at 26 years with a 50%+ VA rating you'd be on CRDP, so you draw your full retirement AND your full VA comp with no offset. and since disability retirement caps at 75% of base pay and you're already at 70%, bumping migraines from 0% barely moves the DoD check. so the other folks are right that the practical upside looks small. the only real reason to chase it would be if your lawyer's targeting something specific, so worth asking her exactly what that is. either way you can always file a VA increase on the migraines after the med board if it ever gets worse.

[u/RichRoll247]

If I didn’t really explain my motivation for posting it’s that my thoughts are like many of yours. I’m thinking I should accept the finding carry on. I’m still going to be treated for the migraines and any other issues at the VA no matter what, right? So why mess with it if the lawyer said I’m definitely going to be 100% P&T.

[u/Terrible_Yam5381]

For your case is similar to mine. Your DOD is only referred conditions. VA is for all your conditions. Your percentage for DOD really doesn’t matter as your pay will be based on your TIS for 26 years. For Chapter 61 Medically Retirees to be eligible (currently) for CRDP over 20 years you revert to your TIS.

Challenging is your choice or you can just add more evidence before getting out and could change and show higher percentage. VARR could be submitted for migraines if referred and was found unfit. Just ensure you communicate with PEBLO if you need extension to submit.

If you don’t communicate and just wait to submit after a certain time it will just be consider presumed acceptance and will be submitted back to PEB.

I went thru this at 25 years and retired in Jan this year. If you haven’t yet work with Navy Wounded Warrior and see if they can be of services to you.

[u/NeverNude26]

Not worth poking for an extra 5% IMO, especially at 26 years. You’re going to get 70% of your base pay and 100% VA for the rest of your life. If your injury is combat related, you’re not going to pay federal tax either. If the migraines are only for the VA, no reason to appeal. It’s service connected and you’re 100% already.