Can an individual request a FPEB & VA recon
- Thread starter Kelly M
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Yes like Grizz said. You should consult with a lawyer, ADC, JAG ASAP so that they can explain whether to do a VA reconsideration now, or if you should wait until after the FPEB.
If you elected to have both the FPEB and a VA Recon on the same election, the PEB will not send your VA Recon forward until you have had your formal board. However, you still need to submit your formal request for both the FPEB and the VA Recon along with any new evidence you are using to support your requests. The Soldier's MEB Counsel will be able to assist you with getting these requests done.
Jason Perry
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Recall that "new evidence" (despite what you will hear or is printed on various forms) is not a requirement for a VA reconsideration. You can submit argument rather than, or in addition to, evidence.
FEB's require no justification if you have been found unfit (though, again, there are some places that suggest this is not true).
Generally, I think it makes sense to ask for VA recon after FPEB if there are other conditions that may be found unfit after FPEB. This is because, according to the regulations, the VA recon is a one time event during the IDES process. If you can get additional unfitting conditions added by FPEB, you give yourself greater opportunity to higher outcome. (Note that the Air Force is not so stringent on this "one-time" reconsideration point).
Still, the best course will depend on the facts of each individual case.
FEB's require no justification if you have been found unfit (though, again, there are some places that suggest this is not true).
Generally, I think it makes sense to ask for VA recon after FPEB if there are other conditions that may be found unfit after FPEB. This is because, according to the regulations, the VA recon is a one time event during the IDES process. If you can get additional unfitting conditions added by FPEB, you give yourself greater opportunity to higher outcome. (Note that the Air Force is not so stringent on this "one-time" reconsideration point).
Still, the best course will depend on the facts of each individual case.
Jason, I've been found unfit for full duty for having disc degeneration L4/L5 and having a spinal cord stimulator. I don't have the VA ratings back yet, but I assume they are 20% from my ROM. And I dont think they rate the SCS. I'm looking to do a FPEB once I get my results back since a knee problem was no reported on my IDES since it happen during the process.
You've answered my question before about me having troubles trying to be seen for my knee, and to this day I keep getting blown off by my PCM. But what i'm worried about is my results coming back and I still don't have enough evidence to support my case for a FPEB on my knee, since all I have is a ER report and a PCM report that was blown off.
Jason Perry
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Hard to give much input- seems to me you want to challenge the knee problem not being included in your case. Especially helpful would be if you can show duty limitations based on this "new" knee condition.
Jason and others,
I agree with my unfit finding for my board, but for one of the two conditions in CAT 1, I have new documentation which would change the rating from a 10% to a 30%. Right now I am at 10% for both of my unfitting conditions, so if I get a 30% on the one that will put me at retirement instead of separation. The question I have is should I skip the FPEB and do the ratings reconsideration, which should put me at the proper percentage for retirement, or can I attend the FPEB, show my new evidence and get them to change my condition from a 10% to a 30%? My AF lawyer is leaning towards skipping it because she said the FPEB cannot change ratings, they can only move up something from CAT 2 to CAT 1 to try and get the 30%. Also, I have additional things wrong with me that were not rated, and I plan to claim them upon exit, or should I claim them now? Confusing...hope someone can help.
I agree with my unfit finding for my board, but for one of the two conditions in CAT 1, I have new documentation which would change the rating from a 10% to a 30%. Right now I am at 10% for both of my unfitting conditions, so if I get a 30% on the one that will put me at retirement instead of separation. The question I have is should I skip the FPEB and do the ratings reconsideration, which should put me at the proper percentage for retirement, or can I attend the FPEB, show my new evidence and get them to change my condition from a 10% to a 30%? My AF lawyer is leaning towards skipping it because she said the FPEB cannot change ratings, they can only move up something from CAT 2 to CAT 1 to try and get the 30%. Also, I have additional things wrong with me that were not rated, and I plan to claim them upon exit, or should I claim them now? Confusing...hope someone can help.
From my experiences within the DoD IDES process and via U.S. Army perspective, I offer that you implement your best course of action via the assistance of your AF lawyer.
To that extent, in order to potentially obtain the golden 30% rating for disability military retirement, having more unfitting medical conditions added via FPEB is feasible and/or via a one-time VA Rating Reconsideration (VARR) on the current unfitting medical conditions.
In reference to your question referencing additional DoVA claimed conditions, it's my belief that it's in your BEST interest to submit any new DoVA claims while still an Active Duty member (if applicable) of the U.S. Armed Forces to preserve to associated DoVA processing benefits.
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!
Thanks Warrior, I agree. I waived the FPEB and submitted the VARR for my heart condition.
You are welcome, and that's good information to read.
Moreover, we are in the same boat in reference to the VARR; who shall receive their VARR back first?
Thus, possessing well-informed knowledge is truly a powerful equalizer.
Best Wishes!
A VA reconsideration only reviews your unfitting conditions. All others would have to be addressed post discharge/retirement or by attending the FPEB and proving other "fit" are actually "unfitting."