D.C. JAG called me, turned my world up sidedown.

brownbrown

brownbrown

PEB Forum Regular Member
So I have requested a formal board for my Crohn's rating and unfit informal findings.

I just spoke with the JAG and he tells me that I have a chance to actually stay in?!?!?!?!?!?!

I have come to terms with the fact that 13 years in and I was getting Kicked out. Now I heard that I could possibly win a Fit decision?

He said.
1. I can request to be found fit
2. Request to add another unfitting condition to get to 30%
3. Accept unfit @ 10% and Contest the VA rating of 10%

or a combination of 1-3 or 2-3

Now I dont know what to do.

What are the downsides of trying for a fit but not being world wide deployable?

I have a feeling that if I get found fit I'd never make chief and the Navy would find some other reason to give me the boot.

I'm totally for a loss of what to do now.

I'm at 13 years in October.
 
What is the diagnostic code they are using to rate your Crohn's? Also, it looks to me like the main difference between the 10 and 30% rating is how frequently you have "exacerbations."

Do you have any other conditions that are documented in your medical records that were not considered by the PEB? If so you could try to have them added as unfitting. If you have undocumented conditions, it may be best to be found fit, work for a couple more years while documenting all of your other conditions, as well as making sure you go to the doc every time your crohn's is acting up. If you can demonstrate the crohn's as having frequent exacerbations and get another condition or two documented, you could end up getting a lot more benefits.

The key in this scenario is staying out of trouble. When is your commitment up? If they determine you fit, they can't administratively separate you because of your condition -- they would need you to get in trouble. However, they can choose not to extend your commitment.

If you think you can contest the frequency of the crohn's exacerbations then you can try to go for the 30%. Also bear in mind that your appeal to the FPEB is NOT the only time you can appeal your DoD rating. You can appeal your case several times if you don't like the outcome. They will probably advise you against this but it is ultimately your choice. While going through these appeals you could continue to document the chronicity of the crohn's and strengthen your case.

Best of luck,

Mike
 
Code was "moderate" for the Crohns. My has gastro wrote a letter explaining that it was "Moderate-Severe" with frequent exacerbation .
I only have 1 Condition one on my Informal. I requested my 20% VA rating for my back to be added to consideration. But I don't know if it will be without an addendum. The Chiropractic clinics here are all backed up have been waiting months for Appointments.

Oddly enough the JAG told me that the DOD rating cant be changed by the board? He said it was out of their hands.This sounded weird from what I've read here in the past year.

You make a good point in trying for a Fit biding my time to ensure all service related issues are properly documented.
I know that they wont approve me for re-enlistment if I have Crohns.
 
JAG is correct because DoD does not make the ratings since the IDES process started. The VA makes the ratings, so you have to appeal to them.

I'm curious about your back condition. Has it been substantiated by Xray or MRI findings? How long has it been bothering you? When did you first go to the doctor? How many times have you been back since then? If the VA rated you at 20% it seems like it should be a slam dunk for this to be found unfitting. Did your commander's statement mention duty limitations due to your back issues?

When you say you only have 1 condition on your informal, do you mean only 1 unfitting condition or 1 condition total. If you have 1 condition then I am curious as to how the VA rated you for another one?
 
How long have you had Crohn's? I am going thru a PEB with the Navy also. I submitted for Crohn's disease, had it 3 years, did 4 deployments with the disease, it sucked. I cant believe how low a percentage people get on here with Crohn's. I submitted for 21 items including this disease, 3 knee surgeries, Testicular Surgery, among other smaller items. I hope they dont screw me. Where are you located and how long did the process take you. I have been in for almost 9 years, so I know how you feel. Did they offer you severance?
 
Mike1983 said:
JAG is correct because DoD does not make the ratings since the IDES process started. The VA makes the ratings, so you have to appeal to them.

I'm curious about your back condition. Has it been substantiated by Xray or MRI findings? How long has it been bothering you? When did you first go to the doctor? How many times have you been back since then? If the VA rated you at 20% it seems like it should be a slam dunk for this to be found unfitting. Did your commander's statement mention duty limitations due to your back issues?

When you say you only have 1 condition on your informal, do you mean only 1 unfitting condition or 1 condition total. If you have 1 condition then I am curious as to how the VA rated you for another one?
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VA rated me at 20% for degenerative disc disorder. Due to loss of forward mobility. X-rays are recently done. Been to the DR for my back 5 or 6 times. But of course nothing was looked into. one time I was immobile.
NMA was written about the condition one. I was told that it was to only be on the Condition of the PEB only.

Yes only 1 unfitting condition on my informal paperwork. The VA rated me for ALL service connected conditions.
 
kiefer82 said:
How long have you had Crohn's? I am going thru a PEB with the Navy also. I submitted for Crohn's disease, had it 3 years, did 4 deployments with the disease, it sucked. I cant believe how low a percentage people get on here with Crohn's. I submitted for 21 items including this disease, 3 knee surgeries, Testicular Surgery, among other smaller items. I hope they dont screw me. Where are you located and how long did the process take you. I have been in for almost 9 years, so I know how you feel. Did they offer you severance?
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about 6 years. But just diagnosed last November. I guess my Crohns is odd and has symptoms of UC also.
Im in San Diego.
Yes they offered me Severance and Separation. They will TRY to screw you Kiefer. Stay on your game if you want a fighting chance. From what I hear. They lowball everyone on the first go around.
PEB started on November. Results in may, Requested formal late may and Formal is on Jul 11
 
Well, told the JAG that I wanted to be found fit for duty.. I feel like I shot myself in the foot now. Because i know if found fit , that when EAS is up in Dec 2013 I'll get screwed..
Stressing the heck out all of a sudden
 
I just got permanent retirement with 30% for UC so it's possible you can get 30%. I have other things I need to add to my rating but I don't want to request a formal board and risk getting knocked down to 10%. In your case you can only increase your rating but risk separation. My case on paper wasn't that bad, lots of appointments, couldn't PT much but no overnight hospitalizations and little time off of work. I'm over 20 and in the USAF Reserves (happened while on active duty) so that may have been a deciding factor.

If you want to fight for 30, here's some of the findings on mine that may help justify:
- has a chronic disease that has no known cure and is characterized by unpredictable exacerbations and remissions
- four flare ups over the past two years
- continues to show signs of active colitis and requires frequent follow up with gastroenterology to evaluate
- remains at risk of sudden incapacitation and continues to be limited in his abilities to perform physical training/testing, or deploy and serve in remote assignments

Wish you the best, I know it sucks.
 
Welll just got back from D.C. denied fit finding. and now i regret trying not just trying to go for 30%.

Now I dont knw what to do. JAG put in a package to Contest the VA findings of 10% to get it to 30%. But the way things are going I'm not to confident about ANYTHING.
 
Requested a reconsideration through the VA
PDRL 30%
VA 50%

Now starts the next battle. The increased hunt for a new Job.
 
brownbrown said:
Requested a reconsideration through the VA
PDRL 30%
VA 50%

Now starts the next battle. The increased hunt for a new Job.
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What do you want to do? There's a ton of options out there... what part of the country do you want to be in? Get in contact with VA reps for hiring. They have great contacts.
 
jfudgeelder said:
What do you want to do? There's a ton of options out there... what part of the country do you want to be in? Get in contact with VA reps for hiring. They have great contacts.
Click to expand...
I'm in the Pacific SW. San Diego.
I actually want to stay in the electronics tech field for a while until I finish my Bachleors.
Currently working witht the VA and Fleet and Family Support Center.
 
Your back condition (inflamation of the SI joints) could be caused by your Crohn's. If so, it should be added to your Crohn's unfitting rating. What has your rheumatoligist stated about your back issue being related to your Crohn's?

Mike
 
acutally, it was ruled out as related. my gastro is amazing:) and was super thorough. I kept him informed of all my conditions. And he wanted to tie anything that could be related to my Crohn's to my PEB.
 
Congratulations bud! They gave you really good percentages. I can only hope to hear the same. This site really has helped me learn alot and I have met some good people on here. Also I accidentally put 9 yrs, I have been active for 8 years. Got rid of the 11" computer and have a real lap top with bigger keys LOL. Good luck in the job market and take care. Did you still end up getting severance?
 
Same here Kiefer. Site has been a blessing.
No Severance here. I'm good with the retirement. $1000 a month for the next 480 months is a good deal IMO.
But that severance would have been a good aid to my Transistion.
 
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