HELP?

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xbigmitchafx

PEB Forum Regular Member
Registered Member
So I spoke with my PEBLO today and got my ratings today. I claimed 19 different conditions with 2 of them being unfitting for my back and vertigo. I got a 0%DOD/30%VA. I have had vertigo for the past 3 years, however, I have only been seen 26 times in that 3 years. When I was evaluated originally 3 years ago from a neurotologist, they told me my vertigo was worse than most. They ruled out Menieres Disease as well. I would have figured at least 30 percent from my vertigo due to the frequency of almost daily attacks. I have not seen anything in my medical records stating that I am getting daily attacks. I did tell the VA that it happens daily and several doctors. The PCMs that I have been through told me I dont have to keep coming back for vertigo due to the fact that there is nothing they can do for me since I have taken medications, vestibular rehab, and have been through ENT, neurologists, and neurotologists. I havent seen any kind of sufficient evidence to fight this, so should I try to go through a FPEB? Any help would be greatly appreciated. Thanks.
 
If you are fighting to get additional issues deemed unfitting, then appeal and request a formal. If you are trying to get higher ratings on the conditions already deemed unfitting, then request a VA reconsideration. See the BVA website to search for similar conditions and how they were rated to assist in making the point you should have been rated higher.

Mike
 
Oh ok...Thanks. Also, if I get a 0% rating, will I get a severance payout? My PEBLO told me I would but, I talked to a buddy of mine who told me I wouldnt. Is that true?
 
Severance is not recouped if the unfitting condition was incurred in a combat zone (not the same as combat related).

or,

The VA compensation rating is the same with and without the unfitting condition(s) figured in. If the unfitting condition(s) are rated 0%, then for sure the VA rating with and without the unfitting condition(s) figured in is the same so the severance is not offset by VA compensation.

Mike
 
Hey Mr Parker,

I received my 199 and all was well and I am due to sign today, however just after my formal appeal before the board in crystal city, I was hospitalized with RHABDOE(SP) and in the hospital for a week and since then have had blood tests every week to monitor my CK levels. This wasn't on my final 199 and I plan on appealing this - my question is- can I appeal my 199 now because I have already appealed and received a VA recon which concurred with the board and raised my percentage from 20 to 30 % ? I have been told that I can and that the PEBLO might try and have me sign it just to move it along in the process to get me out the door.

I am not interested in staying any longer at the WTB, however this is it for me in the military and I am trying to make sure that I have everything documented prior to discharge and that includes the new condition of RHABDOE(SP) which is not listed any documentation other than my hospital paperwork(MTF) as well as my temp profile during this time period.

Any advice is greatly appreciated.

r/

SGM Anaconda
 
You can appeal whatever you want. Is this a permanent condition? Do you have over 20 years active? The condition by virtue of your hospital records is documented as having incurred when it did. Are you currently on active duty?

Mike
 
maparker said:
You can appeal whatever you want. Is this a permanent condition? Do you have over 20 years active? The condition by virtue of your hospital records is documented as having incurred when it did. Are you currently on active duty?

Mike
Click to expand...

Hey Mike,

Yes still on active duty and yes incurred while on active duty Nov 2013, two weeks after meeting with the formal PEB I was admitted to the ER and then put in hospital for a week. Long story short, I went in today and told my Peblo that I wanted to appeal the decision in order to add this new condition. He told me that I was better off doing this once I was out of the military. I then went on to say that this all happened while on AD and while awaiting the VAReconsideration. I told him that I was sure that I wanted to appeal this and request to have this condition added.

The Peblo then said go see Legal and have them take a look at it and do the paperwork and come back on Monday with an answer with what I'm going to do. I scheduled a meeting with Legal on Monday am and will bring in all the paperwork. As I stated in the previous post, I am not interested in staying on AD longer, however I am interested in making sure I have got everything taken care of and added to the 199, based on unfitting conditions Rhabdo meets the criteria, thus it may increase my rating on the Army side and that would a good thing if they increased it.

Again looking for any advice and or comments so that I can move this forward and hopefully get the outcome I am looking for.

Thanks

Anaconda
 
Hi Mike,

Sorry for the delay, no I only have 16years.

I am thinking now a COAR(?) if that is even an option at this point. Not sure but most of all want to get that Rhabdo added in.

Anaconda
 
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