Physical Evaluation Board Forum

hyenaboy34 · #1 (**permalink**) April 21st, 2008

Hello, I am a navy E-5 with 13 1/2 years of service. I have had 3 knee surgeries 2 on the right one on the left for lateral meniscal tears. They have done repairs to beoth knees. Recently they found my left knee is torn again. I have already been to informal and they placed me with a 10% using VASRD 5003. I requested formal med board due to the fact that my informal was signed before the 2008 NDAA. I have been given a JAG lawyer and her and I have been in contact for a while now. Here is my issues. I was given an unfit with 10% I am fighting for 30% of course. The issues are my weight and the fact I smoke. My only PRT failures due to weight gain have been after my knee surgeries. The one before that was due to my knee injury. Any ideas if a have a leg to stand on with the board or not? I know I don't have anything to lose going to formal and doubtful they will over turn the unfit finding. I am also planning on requesting to stay in until the end of my active service, only 9 months away. I am dealing with another tear in my left knee which I am unsure if they are going to operate on that or not again and I have joint effusion in the knee as well. I am requesting to stay in to try and get all of this handled. I am seeing a cardiologist and now a gastroenterolgist for possible gallstones. Have you seen anyone get denied to stay in under a year in order to get medical issues taken care of? Can they deny me if I am being treated by a physician? Sorry so long just getting closer and I am starting to wonder about a lot of things. I have been on here for a while now and have refered a lot of people I know to this site to get them aware of things early. Thank you for your time.

Jason · #2 (**permalink**) April 21st, 2008

hyenaboy,

As far as having a leg to stand on with the FPEB, I assume you are talking about for getting to 30%. The answer to that depends on the severity of your conditions and whether thet are unfitting.

As far as the weight and smoking, that should not impact the rating.

I don't see any possibility of them delaying discharge/retirement for medical treatment. It is just not something they do. However, the VA should treat you.

Have you discussed the additional conditions with your JAG? If not, I would.

Best of luck, I hope you get a good result.

hyenaboy34 · #3 (**permalink**) April 21st, 2008

I have discussed my gallbladder issues with my Jag but without hard evidence it is hard to use. Hopefully I get something out of my first consult with all of my simptoms and the testing I have been doing on myself. Now the Jag seems pretty sure that the weight and smoking is going to play a factor so I guess time will tell. So I guess though the whole thing from the old days of them having to fix you before they let you out is gone? Then again if I do get my 30% then no issue but on severance as far as the paper work i read I can request to stay permanent LIMDU until my EAOS as long as it is less than 12 months. It is just getting stressful right before the day. As I am sure you have seen many times before. Thank you for your help.

Jason · #4 (**permalink**) April 22nd, 2008

hyenaboy,

The weight issue could, I guess, be argued as an aggravating factor for your knees. But there is nothing in the rating scheme about your weight. If they tried to say you are non-compliant with treatment by not losing weight, I think this fails. I can't see where this would impact anything, but maybe there is something about yout case that I am missing. I could see if you are very overweight, it being a concern as far as presenting a good military appearance to the board. Much more important is your ROM.

As far as the smoking, I have no idea how this could negatively impact a rating for ortho issues.

They don't have to fix you before separating/retiring you. So long as you have reached optimal hospital benefit, they can put you out, with the idea that you can get treatment from the VA. That being said, you can request Permanent Limited Duty. It is supposed to be an exception to policy, but you may be able to make that work. That could keep you on until the end of your term of enlistment.

I hope it goes well.

hyenaboy34 · #5 (**permalink**) April 22nd, 2008

I hope it goes well too. Thank you for your support. I will be sure to let everyone know on here how it goes as well.

hyenaboy34 · #6 (**permalink**) April 30th, 2008

Well, just got back in from my formal board. Not what I was hoping for but expected. I am stuck with my 10% severance. It was either that or get raised to a max of 20% with a 5003 VASRD code, or of course get found fit which I would have never passed screening. Basically after talking with the Lawyer and the medical officer of the board I was done wrong by the ortho doing my write up. Even though I tried everything to get it handled. All in all at least I have my date now and I get to move on with my life. Thank you for all of the help and the lawyer thanks you too. I made her job easier by finding this site and all the great info. Just wish the doctor could have come threw but I figured he was not going too. Hopefully the others I know on here get some good info out of it. Thank you again. I will keep looking on here to help when ever I can.

Jason · #7 (**permalink**) May 3rd, 2008

hyenaboy34,

I am glad the info here was helpful. I am sorry you did not get the outcome you wanted. If you think your case was wrongly decided, there are administrative appeals you can pursue. The most common is the Board for Correction of Military Records. However, I especially want to make you aware that there is a new Physical Disabilty Board of Review established by the 2008 NDAA. They were supposed to publish regulations on this a few days ago, as soon as I know more, I will post on it here.

I am also glad to hear that you plan on sticking around here! Your experiences can help others.

maparker · #8 (**permalink**) May 3rd, 2008

Go to the VA immediately and begin that process for being rated by them. Get smart on your unfitting condition and how to properly rate it. If the VA rates it 30% or more, appeal to the new DoD level 1554a Disability Review Board. If they concur, you will get retirement be it TDRL or PDRL. The 1554a board is available to anyone separated with a 20% or less rating since 9-11-01 untill 12-31-09.

Mike

hyenaboy34 · #9 (**permalink**) May 5th, 2008

Okay so my question is with this, the Navy only rates one thing. The Va rates all, I am in a fast track system with the Va right now so after July 26th I should have my benefits within 4-6 months. I am already a card carrying member and still on active duty. So, I guess the question is will the VA's rating have to be 30% for the one item the Navy rated me at or there whole rating? Sorry just a little confused with it. I have read about the 1554, that is why I went after the formal because I was low balled.