PEB Question Rating Disparitiy between AF and VA

[Robin Severson]

I was found medically unfit for continued duty in May of 2001 by the Air Force Board. I had two line-of-duty injuries, while performing simulated war training with the Air National Guard. The Air Force gave me 10% for a shoulder injury and 10% for a knee injury. I was given severance pay. It took the VA 3 years to finally determine that I should be awarded 40%. I was told this was a cut and dried case due to the fact the injuries sustained were line of duty injuries. The VA took out the severance pay
from the AF and started making payments. This loss of duty not only affected me, my husband (who is an officer, pilot, in the Air National Guard about to return for his second tour in Iraq), but it affects the twin boys we had in 2002 and the fact that I had a full-tiime Civil service
job in Human Resources).I was 46 when they discharged me with a medical disability and lost my full time job. Had I recieved the same disability rating the VA gave me, things would be far better for the family. I loved the military, it was my life. Now it has a drastic impact both financially and medically. My knee and shoulder have gotten progressively worse. Can I still appeal the Board to have my AF rating checked to reflect the VA's rating? I did not get the rating until 3 years after the dischage that puts me within the current timelines set. Any suggestions on whom to contact wuld be appreciated.

[RikersIsland1]

I do not know if this applies to you but the National Defense Authorization Act of 2008, Sec 511 states;

Subtitle B: Reserve Component Management - (Sec. 511) Allows a military technician who loses dual (military and civilian) status as the result of a combat-related disability to be retained as a non-dual status technician as long as: (1) the disability does not prevent the person from performing the non-dual status function or position; and (2) the person is not disqualified from performing the non-dual status function or position because of performance, medical, or other reasons. Requires removal from such position no later than 30 days after becoming eligible for an unreduced annuity and attaining 60 years of age.

You may want to look further into this. Not sure when the effective date on this is. If anyone else has any additional info please post.

[Jason]

Since there is not effective date specified, the date of passage controls (Jan 28, 2008).

The 1554a Board is only available for those separated on or after Sep. 11, 2001. So this would not apply. However, you could still apply to Board for Correction of Military Records. The focus would have to be on the condition as it existed when separated. So, if your VA rating was based on worsening condition as opposed to error at the time you filed your claim, you will likely have a hard time prevailing. But if you can show the error, you may have a case.