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Old June 27th, 2008
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Jason Jason is offline
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Melly,

Welcome! Before I get into your questions, are you opposed to a fit finding? If not, there is little risk in appealing. 0%, 10%, and 20% results in the same payment, so there is little risk in appealing.

I am not sure what your concern is about the delivery date. If you are in labor or near delivery they will reschedule your board.

Quote:
Originally Posted by Melly View Post
Hi Jason,
Why am I not entitled to AD benefits for the full term of my pregnancy?
This is a question of what status you hold. If you lose military status, you lose the entitlement.

Quote:
Originally Posted by Melly View Post
Is it logical to appeal on that basis primarily so I can get a fair separation physical?
No, I think the PEB lacks power to address statutory entitlements. I would not argue that you need to stay on duty just because you are pregnant. However, if your pregnancy is impacting your RSD, I might argue (depending on your goals) that you should not be boarded yet as you have not reached optimal hospitalization benefit.

Quote:
Originally Posted by Melly View Post
I was told there was no code for RSD (reflex sympathetic dystrophy) so my diagnostic code was determined to be external popliteal nerve paralysis, however, the disease is currently affecting other body parts to include my hands.
This is where you may have a case for a retirement. How does the RSD impact your hands? Does this (or would it) affect your duty performance? What other body parts are affected? In order to know more, you would want to try to get your limitations evaluated. Based on the outcome of evaluation, you may be in a position to argue for an additional 10% (or more).

Hope this was helpful and congratulations on the addition to your family!
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