Decision time help?

[NAVYMA1]

Hey all, I finally got my proposed ratings in. 20% DoD 80% VA. I have to decide what to do and I welcome any input from anyone. I am leaning towards requesting a FPEB. My unfit conditions did not include the radiculopathy of my left arm as I expected. This would have put me into the medical retirement instead of separation.
The VA rated my cervical spondylosis at 20% based on ROM and was on target. The VA also rated the radiculopathy separately at 30%. But the DoD didn't even consider that as one of the unfitting conditions so did not rate it. The PEB attorney on base was unsure if the PEB would consider adding the radiculopathy as unfitting or not based on current evidence of my case.
I really don't know what my chances are if proceeding with a FPEB, or how to increase my chances more. Should I pay for another consultation??

 

[Warrior644]

Hey all, I finally got my proposed ratings in. 20% DoD 80% VA. I have to decide what to do and I welcome any input from anyone. I am leaning towards requesting a FPEB. My unfit conditions did not include the radiculopathy of my left arm as I expected. This would have put me into the medical retirement instead of separation.
The VA rated my cervical spondylosis at 20% based on ROM and was on target. The VA also rated the radiculopathy separately at 30%. But the DoD didn't even consider that as one of the unfitting conditions so did not rate it. The PEB attorney on base was unsure if the PEB would consider adding the radiculopathy as unfitting or not based on current evidence of my case.
I really don't know what my chances are if proceeding with a FPEB, or how to increase my chances more. Should I pay for another consultation??

Indeed, my stance has been (and still is) to fight (e.g., appeal) if it's not right until the very end! As such, never default acceptance to any injustices when in the DoD IDES MEB/PEB process or DoD LDES PEB process!

In reference to obtaining additional legal advice, that's naturally a personal decision for which would seem to be dependent upon your conform level with the IDES legal information/feedback currently received. If it's not a financial burden to you and/or your family then it may be worth a second legal opinion at this particular point in time.

Nonetheless, it would seem that requesting a Formal PEB (FPEB) hearing will be necessary in order to potentially have your radiculopathy to be determined as a PEB-referred "unfit for duty" medical condition. Hence, the worst case scenario is the current IPEB recommendation.

Albeit, if successful at the FPEB hearing then a military disability retirement shall become the new PEB recommendation; nothing more to lose but a lot more to potentially gain in my opinion! Take care and I hope for much success!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!

 

[NAVYMA1]

Any idea how much a consultation would cost?

 

[Warrior644]

Any idea how much a consultation would cost?

Unfortunately, I don't have any experiences with retaining a civilian attorney when previously in the DoD IDES process and currently in the DoD LDES PEB process.

Albeit, Jason Perry, the owner of the PEB Forum website, is a well-experienced and knowledgeable PDES attorney. I would highly suggest that you either send him a PM via the PEB Forum and/or contact him at http://www.peblawyer.com/ for his initial feedback.

Again, take care and I hope for much success with your medical situation while in the DoD IDES process!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!

 

[NAVYMA1]

Thank you kind sir! I do think the FPEB is the way to go. The worst that ahould happen in my case would be the same outcome I have now. I will check that site out.

 

[Warrior644]

Thank you kind sir! I do think the FPEB is the way to go. The worst that ahould happen in my case would be the same outcome I have now. I will check that site out.

Indeed, brother; you are quite welcome! Take care!

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"

Best Wishes!

 

[CoRaCa512]

Following, as @NAVYMA1 and I are in the same boat. My PEB went up with two referred conditions, being cervicalgia and radiculopathy and they lumped both of them into one instead of rating them separately. My findings came back with 20% DoD/100% VA. They rated my cervical issues fairly for my ROM with spondylosis/fusion/myelopathy/radiculopathy, but didn't separate the radiculopathy. I'm also thinking FPEB is the way to go, but I haven't signed for anything yet.

 

[Camp P Marine]

Following, as @NAVYMA1 and I are in the same boat. My PEB went up with two referred conditions, being cervicalgia and radiculopathy and they lumped both of them into one instead of rating them separately. My findings came back with 20% DoD/100% VA. They rated my cervical issues fairly for my ROM with spondylosis/fusion/myelopathy/radiculopathy, but didn't separate the radiculopathy. I'm also thinking FPEB is the way to go, but I haven't signed for anything yet.

Facing med sep in my opinion is the worst outcome so you have nothing to lose by requesting a FPEB and/or VARR. I did both and I am very glad I did. Still pending for the VARR, but PDRL is the best outcome in my opinion.

 

[CoRaCa512]

Thank you, @Camp P Marine. I guess I'm just stressing the FPEB process. So did you add personal statements from people you know and your chain of command? Just curious as to how those should be worded. Or if anyone out there browsing the forum has had to have people write them for you, I would love a sample if you don't mind. I have until Friday to state whether or not I want to request FPEB, but I'm pretty sure it's what I need to do.