Looking for perspectives on if I should push for more

D

doff87

PEB Forum Regular Member
Registered Member
Hello Pebforum,

Let me start by saying I appreciate all the information and interactions I've had here. There's really no place that provides the amount of information and understanding that this place does regarding this whole opaque and stressful process.

With that said I got my results today. 30 DOD 90 VA. To be honest the VA rating is higher than I anticipated and it makes me believe the 100% is definitely in reach, but the 30% for the DOD condition is lower than I anticipated. My referring condition is asthma for which I take daily high-dose inhaled corticosteroids which is how I assume they arrived at the 30%. However, my diagnosing PFT by FEV-1 should put me by plaintext into the 60% range. The rub is that the PFT was done in 2017 and I've had several PFTs (including an exercise challenge) since then that show results above expected value all within the last 3 years. As my initial test was done in WA the allergens exacerbated my asthma to get that dramatic PFT result, but now that I'm in the deserts of TX I don't have the same irritants that would cause that result. I have no reason to believe that short a methylcholine challenge, which I've actually never done, I would get a PFT that mirrors the results of my initial diagnosis.

I assume that change from 30 -> 60% would likely result in a 60 DOD/100 VA rating. That would substantially improve my financial outlook so the motivation is there. My question is if I have the standing to fight for it (on the basis of this single condition alone).
 
@doff87 I am a former IPEB and FPEB JAG, federal FPEB and TDRL counsel, and current private IDES-focused attorney. Standing, in the legal sense, is generally a very tricky subject. As I cannot give legal advice to non-clients, I will say this about the IDES regulations: they explicitly state that any Service member may address any issue relevant to the member's case. It truly is that simple. Based on your message, I assume you already knew that; hence, I think what you're really asking is this: Do I have a shot at winning if I were to appeal my case; if so, would it be worth any risk I may bear? Based on the facts you've given, and without having reviewed your documents, it appears your case is anything but simple. For anyone to answer the questions you posed above, it will require a fair amount of document review and legal analysis. Unfortunately, this will require you to engage a skilled FPEB attorney. Of course, you can discuss your case and legal issues with your government assigned FPEB attorney, but that person will not be assigned to your case until AFTER you decide to appeal. Otherwise, you will need to engage a private attorney to assist you in the interim.


As an experienced IDES attorney, I always suggest engaging a private attorney sooner rather than later, because this generally yields better results and can lessen the number of legal issues and follow-on appeals needed. That said, you should consider your options and do what you think is best. If you decide to engage a private IDES attorney, ensure he or she is up to the task intellectually and has the bandwidth to devote the time necessary. Most importantly, you must be able to work well with that person. I hope this helped.
 
JoelPettit said:
@doff87 I am a former IPEB and FPEB JAG, federal FPEB and TDRL counsel, and current private IDES-focused attorney. Standing, in the legal sense, is generally a very tricky subject. As I cannot give legal advice to non-clients, I will say this about the IDES regulations: they explicitly state that any Service member may address any issue relevant to the member's case. It truly is that simple. Based on your message, I assume you already knew that; hence, I think what you're really asking is this: Do I have a shot at winning if I were to appeal my case; if so, would it be worth any risk I may bear? Based on the facts you've given, and without having reviewed your documents, it appears your case is anything but simple. For anyone to answer the questions you posed above, it will require a fair amount of document review and legal analysis. Unfortunately, this will require you to engage a skilled FPEB attorney. Of course, you can discuss your case and legal issues with your government assigned FPEB attorney, but that person will not be assigned to your case until AFTER you decide to appeal. Otherwise, you will need to engage a private attorney to assist you in the interim.


As an experienced IDES attorney, I always suggest engaging a private attorney sooner rather than later, because this generally yields better results and can lessen the number of legal issues and follow-on appeals needed. That said, you should consider your options and do what you think is best. If you decide to engage a private IDES attorney, ensure he or she is up to the task intellectually and has the bandwidth to devote the time necessary. Most importantly, you must be able to work well with that person. I hope this helped.
Click to expand...
Is a simple google search the right way to going about finding "an experienced IDES attorney" in my area?

What are the typical costs?

I'm just learning there is a lawyer specifically to help me navigate the IDES process (outside of the military that is).

When is "sooner rather than later"? Prior to engaging the MEB process? Right after submitting MEB paperwork?

Thank you for your help!
 
JakeTrilla said:
Is a simple google search the right way to going about finding "an experienced IDES attorney" in my area?

What are the typical costs?

I'm just learning there is a lawyer specifically to help me navigate the IDES process (outside of the military that is).

When is "sooner rather than later"? Prior to engaging the MEB process? Right after submitting MEB paperwork?

Thank you for your help!
Click to expand...
Its very hard to find them. There are only a handful out there and they are in high demand.

Costs depend on the attorney but assume thousands of dollars and not hundreds

Best way to get the desired result is to hire one as soon as you start the IDES process. Still better to hire one later in the process than not since the assigned legal in IDES have tons of clients and can't dedicate time to your case. That is why they typically only talk to you when you get a result because in this process they are reactionary.

I will send you some options via PM.
 
Did the VA examiner order a PFT?
 
You must log in or register to reply here.
Top