Got my unfit letter today

I got my unfit letter today and was surprised to see that the PEB found my Degenerative disc disease unfitting, but my Narcolepsy and PTSD/Depression not unfitting. Since I'm a JAG attorney and use my mind more than my back, I thought the findings would've been reversed.

Anyway, I'm now waiting for the VA rating. Although I'm currently rated 40% SC from the VA for my DDD (since 1999). However, looking at the current VASRD, the ROM info from the MEB C&P should only equate to 20%.

Will my current rating have any effect on the VA's new rating or will they just go by the current VASRD info?

If I do only end up with the 20% and severance, what would I have to lose by appealing to try and get the PTSD recognized as unfitting?
 
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It could be and it all depends why your PTSD/depression was found fit, could it be because amount of time you've had it or certain diagnosis of your symptoms?
 
loudspeaker1999 said:
I got my unfit letter today and was surprised to see that the PEB found my Degenerative disc disease unfitting, but my Narcolepsy and PTSD/Depression not unfitting. Since I'm a JAG attorney and use my mind more than my back, I thought the findings would've been reversed.

Anyway, I'm now waiting for the VA rating. Although I'm currently rated 40% SC from the VA for my DDD (since 1999). However, looking at the current VASRD, the ROM info from the MEB C&P should only equate to 20%.

Will my current rating have any effect on the VA's new rating or will they just go by the current VASRD info?

If I do only end up with the 20% and severance, what would I have to lose by appealing to try and get the PTSD recognized as unfitting?
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The only thing you have to lose is time. That is the extra time you will be in to complete the appeal process. 0-20% are the exact same amount money wise for severance. If it were me, I would put together some evidence and be ready to request a formal board. The PTSD rating will obviously generate more benefits, but remember, it will also more than likely result in TDRL. Bottom line is, you have nothing to lose if you do appeal.
 
Ranger2992 -What are the odds that they might change their minds on the DDD and decide to call that not unfitting as well?
 
loudspeaker1999 said:
I got my unfit letter today and was surprised to see that the PEB found my Degenerative disc disease unfitting, but my Narcolepsy and PTSD/Depression not unfitting. Since I'm a JAG attorney and use my mind more than my back, I thought the findings would've been reversed.

Anyway, I'm now waiting for the VA rating. Although I'm currently rated 40% SC from the VA for my DDD (since 1999). However, looking at the current VASRD, the ROM info from the MEB C&P should only equate to 20%.

Will my current rating have any effect on the VA's new rating or will they just go by the current VASRD info?

If I do only end up with the 20% and severance, what would I have to lose by appealing to try and get the PTSD recognized as unfitting?
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Being an attorney will surely help you build a good appeal. I would go for it if you have to. Big difference between 20%/severance vs a retirement! Good luck!:)
 
I would seriously doubt they would remove your DDD as unfitting. They would have to have a very good reason to do so. Even if they did, it wouldn't matter. 0% is the same as 20%. It pays exactly the same. That would actually work in your favor as then the VA wouldn't recoup against it. Right now, the VA is going to recoup 20% of your VA compensation to pay back DOD. Unless it was combat rated. You really don't have anything to lose by appealing to the formal PEB.
 
Ranger2992 is right - you don't really have anything to lose by appealing except time. I appealed all the way to the SAF personnel council to have PTSD added as an unfitting condition and I actually won! Good luck!!!
 
loudspeaker1999-did MEB determine PTSD to meet retention standards? If so, it sounds like you would have to present new evidence to have PEB determination changed for the PTSD. I would look closely at your NARSUM and what the VA psych said, compare it to what MEB psych said. How was your commander's statement in regards to PTSD? Was there specific mention of it hindering job performance? These are all things you will need to consider because if the evidence doesn't exist, you going to have to produce some. I don't know if you can request an Independent Medical Review at this point or not...I know you can before MEB findings are sent to PEB...but not sure about now.
 
My opinion is that, as an attorney, you should hire another attorney who is a specialist. You are too close emotionally and it could make a big difference if you get a military disability specialist. Not trying to negate your legal expertise. I just know that the first thing I see an attorney do when he or she gets into some kind of trouble is that they hire another attorney to represent them. What's the saying about an attorney who has himself as a client? I do think a appeal can do nothing but to help you (I haven't seen many, if any, cases where they lower your percentages because of an appeal) and the difference can be huge (separation versus retirement). Too huge to gamble by doing nothing. Just my thoughts.
 
Ceilingfan- yes, it did not meet retention standards. My commander's statetement is pretty generic from a guy I met only once (I'm a reservist who drills away from my unit).

TJkick- I'm working with a PEB JAG. "A lawyer who represents himself has a fool for a client."
 
loudspeaker1999 said:
Ceilingfan- yes, it did not meet retention standards. My commander's statetement is pretty generic from a guy I met only once (I'm a reservist who drills away from my unit).

TJkick- I'm working with a PEB JAG. "A lawyer who represents himself has a fool for a client."
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So, PEB disagreed with MEB findings? If that's the case...I would think you have a strong case for appeal?
 
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