Physical Evaluation Board Forum

I just recieved my results and i wanted to not except thier results.They rated me 10% with severance for reacurring heat exhaustion.But it states in my record by the SMO of the enterprise that i had acute heat stroke.Also they put my back issue in the catagory three on the findings.For the back issue they are just admitting thier is a problem but not rateing it.I feel like im getting shafted and i only have until tues to refuse and present more evidence of my case.Why am i haveing to do this research of my own record and not the people that are supposed to be helping me.Should i fight it or sign?Do i need lagal representation(JAGS OR CIVILIAN)Can you guys help me out.

Help please

The only real risk you face in fighting the findings are that they would find you fit. If they were to reduce your rating to 0%, you would end up with the same benefits (severance pay). So, from that perspective, you have little risk and much to gain (potential retirement) by fighting.

With the back, do you have LIMDU chits and/or did your NMA discuss your backs impact on your duties?

What is your job in the Navy?

__________________
Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

Im an Aviation Electricians mate.I used to work the flight deck.The doc that did my back recomended that i be seperated becouse i can no longer do my duties as an AE.I can no longer deploy becouse of the back and the reacurring heat exhaustion.
What is MNA
I have the limdu chits in my med record.I have back spasms at knight and all the doc say he can do for me is to give me flexerall to come them down>Sometimes thier so bad i get neck sprains.

how do i go about fighting this stuff.

caveman,

The first step is to demand a formal hearing. After that, you should review all your medical records, your MEB packet, and the evidence you have of the severity of your rating. Once you have evaluated all of that, you should look at what you are missing to justify a higher rating and try to gather additional evidence. The cat III rating for your back means they don't think it makes you unfit (unable to reasonably perform your duties). You need evidence of your functional limitations to fight this.

__________________
Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

I went and had my alta records printed out and found several doc visits on thier for my back issue.When the peb went to washington the med bourd people didnt include my alta records.I have also made some more doc appointments to find out what is really wrong with my back.I am now haveing pain in different parts of my body.I have lost about 70% of my strength in my left arm and some control of it at times also.I think i may have some nerve damge somwhere.Atleast thats what the doc says.
I have declined the findings and am going to a hearing.I dont know when but the med bourd people will be letting me know.How does this hearing stuff work out.DO they try to intimidate you.Does the lawyer thewy provide you with have dinner with the bourd docs.What im trying to say is i think if the lawyer and the bourd docs have been together for a while will i get a fair shake at this whole deal?

Where do i find the % rateing for a diagnoses.I have seen the vasrad but i know what i have seen is not all of it.Is their a website for all the percentage rateings.

Caveman,

Generally, the formal hearings are professionally run. I have only seen one board out of several hundred where a board member was rude and tried to intimidate the Servicemember. The vast majority of the time, they are just focused on developing the evidence they believe they need to come to a rating decision.
If your question is if your assigned military counsel is behind the scenes working for the board, the answer is no. Their raters are in the JAG technical chain, so it is not much of an issue that the military counsel has something to gain by appeasing the board members. A much bigger issue than the independence of the military counsel is the fact that they generally don't have a lot of experience or training and that they only know how the current President and board members run things. I think this makes them less likely to challenge certain things and limits their recognition of some legal issues. Another concern I have is that they generally only serve a short time at the PEB and there is not a lot of institutional knowledge among the JAG Corps in this field. What this means to me is that if you happen to get an assigned counsel who has served six months or more at the PEB, they are likely competent to handle the majority of cases. However, if they are newer, they may not do as well as more experienced counsel. My other concern is when they start working on your case and when they finish. As most members here who have used military counsel can attest, you may not hear from them until right before your formal hearing. This is a problem if there is additional evidence needed because often then there is not enough time to gather that evidence. The other part is that often once your hearing is done, they do not offer much help. So, if you are unhappy and you want to appeal, you often get little help and they are not that familiar with the issues on appeal.
So, am I recommending civilian counsel in all cases (and in the interest of full disclosure, this is my main practice area in my law practice)? No. There are many fine attorneys serving as assigned counsel and in many cases they will be able to acheive the same result as civilian counsel. I often advise potential clients that they may do just as well with the military counsel if their case is clear cut.What is impossible to know in many cases is if the issues are in fact clear cut. I can tell you that one of the more important things I do when advising clients is uncovering additional ratable conditions that were not properly evaluated. I find that in about a third of all cases.
I don't think you should use civilian counsel if you are going to have the same result with military counsel. But, I do recommend consulting with a civilian attorney before you make a decision to discuss the issues in your case. After doing so, you will be in a much better place to decide.

You can find all the ratings here: Linked Veterans Affairs Schedule for Rating Disabilities (VASRD) - Physical Evaluation Board Forum

Or here: 2005 CFR Title 38, Volume 1

Best of luck and let us know any questions.

__________________
Jason

Physical Evaluation Board Forum Administrator
New Members- Read OVERVIEW OF MEB/PEB PROCESS

WOW
Thanks for all the info.I will try to contact my lawyer as soon as i can so all evidence can be presented.I will go with military counsel.