Advice needed. frustrated and worried

green594

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i am sorry for your result, it can be very disappointing to hang in there and then have a result like yours. i wish you luck with the formal, i am optimistic that you will fair better.
 

808svt

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I have several issues that came up after submitting the initial paperwork. My lawyer is confident she can get me to 30/100. It's just going to take a little more time and paperwork. I feel like the 0 from the navy was a slap in the face after 18+ years. I'll keep you guys updated.
 

808svt

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Found out today I have two bulging discs in the middle of my back to match the two(and two fractures) in my lower back. Also have a bone spur in my neck pressing on my spinal cord. The worthless POS spinal doc will not even do an addendum for me. Monday I'm singing the papers and hope to have better luck with the VA. Just can't deal with this crap anymore.
 

Jason Perry

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Ultimately, you have to make your own decisions. But, I have to wonder what happened between your earlier post when you said your lawyer thought she could get you to 30% and now? If it is just frustration, I would say you might want to think it over some more. With 18 years in, you have a lot invested in your military career and it seems like it would be worth fighting. If I am understanding your situation, you currently have severance offered. So, if you fight it, the best that happens is you get retired and the worst is that there is no change. Based on that, I don't see much to lose by fighting.
 

808svt

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With my luck the Navy would give me 20% which means nothing and I would lose the severance. Most of it is frustration but with the severance I would be able to pay off everything I own, put a nice down payment on a house and put away about 50k. My wife and son are covered as far as health insurance is concerned. The day I'm out I am starting the battle with the VA to get to 100%. Add in SSDI and I will be good and could care less if I ever step foot on another base the rest of my life. Permanent LIMDU is out as I have 3 pt failures and my health just won't let me do it. I have only worked 3 days in the last month and a half. It's just that at this time the sure thing is better than the unknown. What changed is I tried to get addendums from a couple of my doctors and they are unwilling even with documented proof. Ortho spine doc said he does not believe in MRI's which show 4 bulging discs, tow fractures and a bone spur in my neck pressing on my spine. I also have breathing problems that thus far are undiagnosed so once again no adendum. With no new documentation I do not see things going any different at a formal board. That and I have crap luck, LOL.
 

Jason Perry

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Wait, you do understand that there is no difference between 0%, 10% and 20% with the award of severance? The payout is the same (2 x years of service maxed out at 19 years times your base pay).

So, I am either not understanding your concern or you are not understanding the severance payout.

Are you in IDES?
 

808svt

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I geuss both. I'm going to talk with my PEBLO and lawyer again before I do anything. Also, I'm in the pilot program. I thought you needed 30% to get benifits. If that is true what would 20% do for me?
 

Jason Perry

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30% or more (for those with less than 20 years active federal service) nets retirement (monthly payment of the higher of either 1)your disability percentage award from military OR 2) 2.5% times years of service times your retired base pay, along with eligibility for TRICARE, ID card, PX/BX/Commissary privileges). Severance, which is 0%, 10% or 20% finding of disability for unfitting condition nets you severance pay only (2 x years of service, up to 19, times your base pay). Severance gives no other benefits from military above what normally separating members get (like transitional benefits).

The IDES will tend to give you an advantage in this process.
 

808svt

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Would redux effect option 2? I have just over 18 years so I assume that would be the option I would get.
 

Jason Perry

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You mean the calculation for retirement pay? If so, no, REDUX would not impact your pay calculation (and you would not have to pay back any "unearned" bonus; you would only have a 1% reduction in future years COLA payouts).
 

808svt

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Thank you very much Jason, I have a much better understanding of what my options are. Can I also contest the VA findings now or do I wait untill I get out?
 

Jason Perry

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You can do a "one time rating reconsideration request" for your VA ratings while you are still in service. If your request is denied, you can appeal through normal VA channels afterwards and if the rating impacts your military unfitting condition, you can apply to have your military findings upgraded to reflect the later appealed VA rating. This should be more streamlined than normal appeals and should normally be approved. If you have concerns about your VA rating, I would apply while still in service. Also, remember that all the "extra" time it takes to process your case should only benefit you in terms of increased time in service which will increase either your retired base pay or (worse case scenario) your severance pay.

Glad to help and I hope it goes well for you. Good luck!
 

Jason Perry

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You can do a "one time rating reconsideration request" for your VA ratings while you are still in service. If your request is denied, you can appeal through normal VA channels afterwards and if the rating impacts your military unfitting condition, you can apply to have your military findings upgraded to reflect the later appealed VA rating. This should be more streamlined than normal appeals and should normally be approved. If you have concerns about your VA rating, I would apply while still in service. Also, remember that all the "extra" time it takes to process your case should only benefit you in terms of increased time in service which will increase either your retired base pay or (worse case scenario) your severance pay.

Glad to help and I hope it goes well for you. Good luck!
 

maparker

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Did the unfitting condition incur or get aggravated in a combat zone? Does your IPEB results mention anything about combat zone?
 

808svt

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Here is an interesting new twist to the plot. I had a seizure today, that's a new one. The ride in the big van with the flashing lights was kinda cool, the rest of it realy sucked.
 

Jason Perry

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Sorry to hear that...hope the doctors can help you.
 

confuzed

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get better brother, hope the docs find out whats going on and treat you optimally. godspeed
 

808svt

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Thanks. This constant evolution of symptoms and problems is getting old. Seems like every week its something new and it got old a long time ago.
 

808svt

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Today was filled with bad headaches and lots of joint pain. Can't keep food down. I think I'm going crazy.
 
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