Need Attorney For FPEB

C

CC78

PEB Forum Regular Member
Registered Member
Hello,
I need some advice to find an attorney to represent me in the FPEB. My IPEB just came back and they only rated the first referred condition on the list which was 20%. I have 16 years active time over 20 with reserve time. I'm having a hard time trusting anyone that's part of the system because of all of the conflicting word that I have heard. I was told that the case was "airtight" and submitted 2300 pages of medical documentation, valor awards and jump logs that corresponded to specific injuries, but the only thing that was rated was the first of 5 of referred conditions. I can't afford to take a severance over retirement at this point in my life due to the injuries and conditions.
 
When was your re-enlistment medical screening? Was there any waiver? Not disqualifying or "UNIFT" now as you obviously went on to serve, this makes it airtight as well as reviews for thousands who concurrent receipt in near future. So, you need to lay out your injuries to your service here for review.
 
I went to the med board for shoulders, torn labrum, combat related, cervical spine, lumbar spine also CR. each of those 4 were rated at 20%, and the VA combined TBIs, PTSD and Migraines for 70%. The IPEB rated only one shoulder at 20%.
 
CC78 said:
I went to the med board for shoulders, torn labrum, combat related, cervical spine, lumbar spine also CR. each of those 4 were rated at 20%, and the VA combined TBIs, PTSD and Migraines for 70%. The IPEB rated only one shoulder at 20%.
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What is your military specialty? You may want formal PEB right away...
 
I requested a formal board. Does anyone have experience hiring an attorney?
 
peblawyer.com
 
You should call around. I haven't spoke with Jason yet, but by the end of the day, especially whats's been going on, you need someone who knows the law effectively and is willing to challenge those. You will be prepared for new case law. Be ready. Unless, this is easily discoverable. I've heard he's pretty reliable but getting into messy waters takes real balls so I'm not sure. Our great nation an not fall to the ineptness of Board errors.
 
You are on the right track. Fight to get 30% or higher by appealing. If you hit a hard dead end with no other alternatives I would look into declining the severance. If you do that you can keep your Reserve Retirement. If you take the severance you will not have a reserve retirement that is much more valuable even if you have to wait to receive it.
 
Hey there! I am preparing for my fpeb currently. I retained Jason Perry to represent me and he knows what he’s doing. I can definitely say so from personal interaction
 
Provis said:
You are on the right track. Fight to get 30% or higher by appealing. If you hit a hard dead end with no other alternatives I would look into declining the severance. If you do that you can keep your Reserve Retirement. If you take the severance you will not have a reserve retirement that is much more valuable even if you have to wait to receive it.
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Pretty spot on, and I'd add to that you'd have PDBR option if you kept at it.
 
Provis said:
You are on the right track. Fight to get 30% or higher by appealing. If you hit a hard dead end with no other alternatives I would look into declining the severance. If you do that you can keep your Reserve Retirement. If you take the severance you will not have a reserve retirement that is much more valuable even if you have to wait to receive it.
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If you are above 30% Can you decline the retirement pay in order to use reserve retirement & also collect VA pay? I’m at 18 years in AGR & 58 y/o. It may pay more in long run.
 
BA_Scofield said:
If you are above 30% Can you decline the retirement pay in order to use reserve retirement & also collect VA pay? I’m at 18 years in AGR & 58 y/o. It may pay more in long run.
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You get the higher of the DOD % or what you have earned so far. So if rated 30% but have 18 active duty equivalent years which equals 45% then you would get 45% instead of the 30% DOD rating. So no need to decline and by medically retiring you get your pension right away instead of waiting until age 60.
 
You can normally get your retirement pay or VA pay, which ever is higher. If you are over 50% VA and have 20 years you can qualify for CDRP and collect both pay without any offset.
 
One point to add. ALWAYS accept VA compensation. There is never a scenario where it hurts you to accept it that I know of.
 
Provis said:
You get the higher of the DOD % or what you have earned so far. So if rated 30% but have 18 active duty equivalent years which equals 45% then you would get 45% instead of the 30% DOD rating. So no need to decline and by medically retiring you get your pension right away instead of waiting until age 60.
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Thanks!
 
Provis said:
One point to add. ALWAYS accept VA compensation. There is never a scenario where it hurts you to accept it that I know of.
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I was told this as well when I was medically retired. After reading countless stories on this forum I can honestly say 95%+ of the time the VA comp. is much better than DOD comp.
 
CC78 said:
I went to the med board for shoulders, torn labrum, combat related, cervical spine, lumbar spine also CR. each of those 4 were rated at 20%, and the VA combined TBIs, PTSD and Migraines for 70%. The IPEB rated only one shoulder at 20%.
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Slightly confused, did the IPEB find you fit for the other conditions besides the shoulders? Or did the IPEB find you unfit and the ratings came back as 0%? Because the first requires a FPEB and the second requires a VARR I believe. However, if you opted into LDES instead of IDES, then I think FPEB is your only option.
 
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