Posted a day or so ago on another post, cut an pasted for you...
Also, to add on to what I previously said:
For sure check that randolph site I linked; I was active duty the last time I went there, it's possible that's why I'm having problems with it now, but who knows.
I'm with you; 10% for what you just said, doesn't sound right (or fair) at all. I felt way undercut at 40% from my IPEB which makes it that much harder to go in there and try and get a high rating. You have to go in to the FPEB way highballing it (which I did by asking for 90%). Remember 75% is the max any type or military retirement (regular or medical) will give you. My stuff slows me down every day and has caused some permanent damage, but the worst case for me is dialysis in 20-30 years. There are guys who don't have much time left to hang around and guys missing limbs and they only get 75% of their retired base pay even with a 100% disability. My recomendation is go in there with as high a disibility as you could feasible claim for backs.
Remember, you have all those problems you said. That might not be under one VASR code. Backs are around the 4.71a section (its 38 CFR Code of Fed Regs and you can find it somewhere on the VA website). I (my own interpretation only, and kind of pertaining to your case) view "pyramiding" as, for example, if I broke one joint in my finger, as trying to get a rating for the broken joint in the finger for lack of mobility (?ANKLOSIS?) (if there even is a particular code for one particular finger), , and trying to get that rated again under lack of mobility in your hand, then yet again for lack of mobility in my arm. For this example, I would veiw it worthwhile to make a claim for ?anklosis? (lack of mobility for the finger joint), accute pain in the finger joint that affects your whole hand, headaches (I beleive there is an actual code for this) due to the pain medication, Arthritis from the joint if there was a seperate rating for this, nausea from the arthritis medicine you are taking, and there might even be another rating in the schedule for being on constant ain meds. If each one of those claims is 10%, you could legitimately go in to the board asking for a 60% disability. Although the board is not inclined to give "full credit" according to the VA schedule as mentioned below, at least since you got lowballed comming form the IPEB, you can counter at the FPEB by highballing.
I called up the FPEB lawyers before I got there, over a month in advance, giving me time to prep and get whatever letters they thought I would need, and they were very prompt and cordial about answering all my questions and explaining what they thought were possible outcomes based on all my disibilities. They also explained pyramiding better than I did and explained how you had to make your problem stand out both in rating and in how it affects your life. The finger example, in addition to what I could claim in the VA, in a narrative to the board, would cause other problems not ratable, like can only type 40% as fast as before it was injured, can't write with pen and paper legibly, which makes it almost impossible for you to do one of your primary duties which is XXX where you have to cary around a checklist and make written comments. A tape recorder won't work because you have to turn in the checklist imediately post inspection, and there is no way to bring in a laptop due to security requirements, and having to access tight spaces with the checklist. In addition to having to have your friend drive you to work because banging your hand on the wheel happens way too often and is way too painful, it is not even possible for you to drive the unit's old duece and a half because it requires turning the wheel and using the stick. The truck is necessary for your units opperations because no other vehicle has it's capabilities, and you are one of only two people in the shop who are authorized to use it, and other personel are not assigned to the office long enough to receive training. Although not a primary responibility, the inability for you to drive and support operations is placing a strain on your unit and this is only one of the many things you can not do... etc. etc. etc. The lawyer I called made me feel amost guilty (inadvertantly) by describing the problem he had in the service, whereas my problem had already ruined my life. He was VERY helpful and we talked for over an hour. He described an eczema problem with his hands and how although able to come to work, he was completly unable to work, as he would bleed all over the key board or paperwork, and although he could choose to wrap bandages around it, they added too much bulk and did not air enough to help heal his hands. As to explain how, even though he could make it into work, he still had a disability, he stated that how could choose to go to the hospital, but that wouldnt do any good. He also somehow fit a wheelchair in there, too. But you see how I made a simple finger problem seem like I was a complete gimp, whereas all I know from your back so far is it may cause some motion problems and it hurts, and you (may) need a surgury. I had surgery before, I was back at work in two days. Ohhh... your surgery (that you need but can't get yet because you have a duty to do while still in the service, which this surgery will take you out and away form doing) could, in addition to all the normal complications of surgery which you would also list, make you a parapalegic, not even fix the problem at all or possibly even make it worse, has a low sucess rate, will take you out for months, leave you in more pain than you are already in, require more medication which causes more problems, cost 1 trillion dollars because you have to take into account the fact that with only 10% disability you would not have any insurance (which you would not be able to afford with a pre-existing disability), and the small (yet well very well received and appreciated) lump sum you got for your disability would not begin to cover the costs, and you have to put the kids in childcare while your wife has to start working at a low rate because she has spent the last few years with the kids instead, and you have to sell the wifes car to help pay for expenses, which is OK because you won't be driving until 3-4 monthe later after taken off the narcotics, plus taking into account the opportunity cost of not being able to work for half a year and when you can finally work, it will be doing something less than you could otherwise...etc.etc.etc.
That is what you need to be prepared to do for the FPEB. I was pleased to find out that the effects of the drugs are taken into account along with your disability, as the drugs I am on are making me sicker that I already am, and, although having the potential to help me in the long run, aren't making me any better.
It's up to you and your lawyers to get creative, but you will need support form your doctors. Get letters that support the facts of how bad your back is, how long it will take you out. get letters form friends, etc. The lawyers have a list fo things you need to do to prepare. If you press hard enough, I bet even if you are at a good base with only base docs, you could eventually get approved to go see a civilian doc off base. And (it definately wouldn't be worth doing just to say you had to do so) you could get from a civilan doc the cost of the visit and the cost of the surgury. Even if Tricare covers the visit, there is still a way to find out how much Tricare is having to reimburse the doc.
Hopefully this isn't too much yammering to not make sense...
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Qs
1&2: is discharge honorable and with DD214?
3: Do I apply for new GI Bill?
4: Do I have to finish commitment if reevaled and found fit?
Answers:
Been
TDRL for 3 months. l Concur with #1. For #3: call base education office and don't stop until you have ALL answers. It's possible you might benifit more by paying into old GI bill, which I think you have to pay into BEFORE you get your more than HONORABLE DISCHARGE and DD214. When I left (20 Jan 2009) new GI bill still wasn't finalized, and there were a lot of case sepcific variables for me that waranted a lot of asking around. Might also try VA for #3 questions. ALL the VA guys I've talked to seem to care more about me than I care about myself! Also look into Voc[atioinal] rehab through the VA. GI bill aside, that could be a masters/undergrad/truckdriving school/pilot licence all by itself, although don't count on it, as you will not know if you are eligible until well after you are retired and the VA gets back to you concerning your VA claim.
For #4: "Short" Answer with "background" below (only been 4 months, still venting I suppose): I have no clue what will happen as far as getting re-evaled, but am looking into it. If my health does improve, I hope it is not an entirely new ball game when revaled, as I was discharged when at the peak of my disability. I'm hoping if still found "gimp" (over 30%) that the numbers stay the same or similar as when first evaluated. The most useful site I have found is also straight from the horses mouth at Randolph's AF Personel Center and applies to AF members. Please let me know if you are able to access it or not as I can not currently get to it and have submitted a tech request. This site has been extremely helpful to me in the past on several occasions.
AFPC - Air Force Personnel Center
Of course usmilitary.about.com (and the DOD and AF Regs they list) and the VA Schedule for Rating Disibilities (VASRD) were extremely helpful to me as well.
My understanding is you WILL be re-evaluated through another PEB. As far as when, from talking to the guys who do nothing but PEB stuff (namely my AF FPEB lawyer and my PEBLiasionO?fficer?) I expect to get a letter that I need go back in about 1yr from my FPEB date, and that after 18 months they will permanantly retire you if you haven't "stabilized" yet. I understand that either the AF or DOD regs give a total of 5 years in which you could be on the
TDRL. In the case of the AF (which has actually been "forceshaping" out hundreds if not thousands of officers and enlisted over the past 4-5 years) I imagine if you had a condition which could legitimatly correct itself and you REALLY put up a fight and appealed to the AF Secretary as loudly as you could, that whole 5 years could possibly be utilized.
As far as finishing your comitment, my PEBLOs said something about going into the reserves to finish out a commitment. The particular PEBLO who had done this was enlisted. Also (this one sentence might make it worth reading this far), this particular discussion seemed to indicate that going the particular route that he took allowed him to keep at least some medical retirement benifits even though found fit. Of course, I am still looking into this and can't get into the AF site that answers these questions. If you really do some reading, this does not seem like that unrealistic of a possibility, as the DES (Disability Eval Sys) is set up to compensate you for the time you were employed and the fact that you are now no longer able to retire, not just the fact that you are disabled. Also of note, the DOD DES system typically rates lower than the VA's "whole person concept" because the DES is designed for that particular function; to compensate for the fact that you can not work, where as the VA compensates for the fact that your entire life is now more difficult. As such, the % rating you get from an FPEB (and if you are luck from the IPEB) should roughly equate to the amount of work you can no longer do. For example, if 10% disabled under DES, I should be functioning at 90% capacity at work, even if that same disability is rated at 30% in the VASRD. Case in point, I have some big prolems with depression that are rated by the AF/DOD DES at 10%, although I could have easily been rated at 30% looking at the VA schedule at the time.
I am under the belief that regardless of what the number is that the IPEB gave you, the FORMAL PEB will rate you higher, although the FPEB can decide whatever they want and go in whatever direction they see fit (it is an entirely "start from scratch" hearing of your case, although the board mebers know more about what is wrong with you that you have figured out yourself at the time of the hearing). I truley believe, having gone through it, that the AF FPEB is "FAIR," although this does not mean they are "on your side," or will "hook you up." This means that you will still have to go in there acting like the gimp you spend so much effort trying not to be, and have all your facts in order before you speak to your lawyer. I think the Army is not very "fair" at all. In addition to one of my AF FPEB board members formally commenting negatively on the Army FPEB system during an "FPEB Inprocessing" breif, the internet is ripe with horror stories from Army guys with stories that do not make me proud of the way some people are treated. In the AF FPEB process, I personally went from 40% permanant retirement to 60%
TDRL, and I still feel like I could have been rated higher. At least if I get worse I will have the opportunity to up my rating when re-evaled. The
TDRL re-eval is designed to protect you (according to the regs) in the case that your condition could get worse so you are not stuck with a low rating when the next 1-1.5 yrs could get worse. The regs might also say it is to protect teh AF/DOD interests as well, although I can't remember.
My condition could clear up any day, at which point my performance would almost imediately go back to normal, but I have been sick for over 2 years now. It's possible I might be a stud again when I am up for review again, but I always knew I'd be happier as a civilian, I just thought I had a thing or two to offer the AF plus liked contributing to the greatest job ever. Plus, I got kicked around pretty hard by work when down, and as this is the second time I've been in that boat, I learned the first time that life was too short for that kind of treatment. Guess my point is, regardless of my condition when re-evaled, I might actually prefer the civilan life. If I ever feel the "calling" again, I can hire on as a contractor doing whatever I feel like getting hired for in whatever country, job, or operational environment (deskwork, gruntwork, flying, wrenchturning, whatever I want) and not only get paid more, but also contribute as much or as little as I want and tell my bosses how I really feel.
. I would fight it. I think neck and backs don't get rated appropriately. I just think its ridiculous. 
Take Care.
. what i'm getting @ is all they see is what's on paper. they don't get to see the stuff that we deal w/everyday that's not on there. i have days i can't get in and out of bed. time where i try and do a menial task like pick up something on the floor and i can't do it and then when i do do it, i'm spent for the rest of the day. they can't see what happens when i try to go out to a store and i have to leave w/in minutes, because of pain or my PTSD kicks in and i can't cope. they can't see how much it pains me when my 8yr old son says "daddy can we wrestle?" and i can't because i'll end up in the hospital. 