What advice do you have on how I should address a missing diagnosis from an MEB?

SPC Amber Mullins — Wed, 25 Nov 2020 06:04:27 -0500

I was medically retired in 2012 at 70%. I recently started a new claim expecting to increase a particular disability assuming it was rolled together with a claim. As I went through the process I find out the condition was never placed/claimed during my medboard process even though I was diagnosed prior to the medboard. I received a percentage for the "new" claim but I'm pretty confused/frustrated by the fact it was never put in my jacket and claimed in the first place. I was assured by my PEBLO at the time that everything was in the packet and to not worry. Is there any advice or clarification?

Response by SFC Marc W. made Nov 25 at 2020 10:45 AM

SFC Marc W. — Wed, 25 Nov 2020 10:45:43 -0500

At this point, there's nothing that can be done about the medboard not having this diagnosis included.
If you're now getting a % from the VA for this disability then that's really all you're going to get out of it.

Response by SFC Private RallyPoint Member made Nov 25 at 2020 1:10 PM

SFC Private RallyPoint Member — Wed, 25 Nov 2020 13:10:54 -0500

Your PEBLO went over ever single claim with you and you were afforded the opportunity to claim any injuries you had. You were counseled by your PEBLO and then signed acknowledgement fo your claims and ratings. These were legal documents that you signed and the opportunity to add anything is gone. The only way to change your discharge is to file for a review with the Army Board of Corrections. They are not likely to review your case unless there was negligence on the part of the board. You were offered several opportunities in the MEB process and acknowledged in writing that you understood your rating.

Now, that only applies if you were medically retired from the Army. If you were separated medically, rated below 30% and then rated at 70% by the VA, all you have to do is resubmit for a higher VA rating. You can still submit for a higher rating as long as you can show the VA that it's service connected. If it wasn't service connected at the time of your separation then it's irrelevant that it wasn't part of your MEB.

Response by CSM Darieus ZaGara made Nov 25 at 2020 2:13 PM

CSM Darieus ZaGara — Wed, 25 Nov 2020 14:13:42 -0500

Is your subsequent claim submission with the Armynor the VA?

Response by MAJ Ken Landgren made Nov 25 at 2020 5:11 PM

MAJ Ken Landgren — Wed, 25 Nov 2020 17:11:35 -0500

Did you apply for VA Caregiver Funds?