FPEB need advice

Noxie

PEB Forum Regular Member
Registered Member
A little background on my case. Had surgery last July because I shredded the ligaments in my left hip. Docs have stated that i will always be in pain and always have grinding. I walk with a constant limp and am kept up most nights in pain.
My timeline is:
Late Sep-NARSUM & C&Ps completed
18 Nov19-PEB submitted
19Dec19-VA finished ratings, back at PEB
03Jan20- Package with QA for final look over
14FEB20- Results came back as unfit 10% DOD, 90% VA. Recommend for separation without benefits

I am contesting the findings on Tuesday and have to have new evidence to justify a request for increase in rating to at leas 30% to get my retirement.
For those who have gone through this, How successful were you in getting your rating bumped up and how difficult was it? How long did it take from the submission of the package to your final out date or receipt of your new EAOS? Any tips or help is welcome.
 

johnbgately

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
A couple of aspects of your questions are puzzling: (1) You wrote that you recieved 10% DOD/90% VA, but then wrote "separation without benefits". Do you mean that your condition was found to be EPTS/EPTE? Otherwise, 10% DOD means separation with severance pay. (2) When you were asked about filing a VARR by chaplaincharlie, you replied that you would find out upon speaking with your lawyer on Tuesday. But it seemed as though your FPEB was on Tuesday- did I misread that sentence?

Note- the reasons for going to an FPEB are to add additional unfitting conditions, contest whether a condition was EPTS/EPTE, argue you ar eUnfit in the face of a Fit for Duty/Return to Duty finding, argue that a condition is combat-related or to argue for PDRL vice TDRL. The FPEB cannot raise the rating for the DOD unfitting condition- that is assigned by the VA and can only be corrected at this stage through a VARR based upon either new medical evidence showing increased impairment or medical and nonmedical evidence showing why the original rating assigned to this condition was incorrect. Many attorneys wait until after the FPEB results are received to prepare a VARR, but you should be traveling with your most current medical records to ensure that your attorney has the materials needed to begin drafting a VARR on short notice.

Final question: What is your branch fo service and when is your hearing?
 

Noxie

PEB Forum Regular Member
Registered Member
A couple of aspects of your questions are puzzling: (1) You wrote that you recieved 10% DOD/90% VA, but then wrote "separation without benefits". Do you mean that your condition was found to be EPTS/EPTE? Otherwise, 10% DOD means separation with severance pay. (2) When you were asked about filing a VARR by chaplaincharlie, you replied that you would find out upon speaking with your lawyer on Tuesday. But it seemed as though your FPEB was on Tuesday- did I misread that sentence?

Note- the reasons for going to an FPEB are to add additional unfitting conditions, contest whether a condition was EPTS/EPTE, argue you ar eUnfit in the face of a Fit for Duty/Return to Duty finding, argue that a condition is combat-related or to argue for PDRL vice TDRL. The FPEB cannot raise the rating for the DOD unfitting condition- that is assigned by the VA and can only be corrected at this stage through a VARR based upon either new medical evidence showing increased impairment or medical and nonmedical evidence showing why the original rating assigned to this condition was incorrect. Many attorneys wait until after the FPEB results are received to prepare a VARR, but you should be traveling with your most current medical records to ensure that your attorney has the materials needed to begin drafting a VARR on short notice.

Final question: What is your branch fo service and when is your hearing?
I get a severance but no insurance etc. Basic sep. I do not know what epts is but they rated my condition as stable which is incorrect. My fpeb is not set yet since I just got the results of my peb last friday so I still have to reject them. I'm navy and dont have a date yet. Mostly I'm trying to get my rating raised to 30 to get retired. I literally limp everywhere and am constantly in pain
 

johnbgately

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Okay, EPTS/EPTE means existed prior to service, not applicable here. And your meeting on Tuesday will be your initial post-findings meeting with an MEB attorney. I would recommend that you put in a request for an updated copy of your medical record to be delivered to you electronically via DOD SAFE as this will assist your attorney in preparing a VARR and also determining whether it is advisable for you to seek a formal hearing at the Yard to add additional unfitting conditions. Additionally, you should ask your pEBLO to provide you with a complete copy of the entire package that went up to PEB. It is not hard for them to do- they can e-mail it to you via SAFE. I would do that in the morning so that you can review ti prior to your meeting with your attorney.
 

chaplaincharlie

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
your original post says you have documents to justify a higher level of compensation. Take COPIES of or fax those to your lawyer in advance of the meeting so he/she can assist you.
 

Noxie

PEB Forum Regular Member
Registered Member
**Update:
Talked with my lawyer on 18FEB20. He said that my file was definitely incomplete and is having me get a new range of motion test because my disability should be at 30 minimum for the DOD. After I have that, he is submitting a VARR and said a formal board would be a waste of time without adding a new condition. Once the rating is bumped up it will go back through the PEB and receive a 'Retired' rating. He also said that the whole 'changing someone from UNFIT to FIt' was a myth and the only time they do is when the member expresses that it is their intention to go back to a FIT status. Lawyer said that with the VARR and new consideration that i should be out by June as retired versus SEP.
 

Noxie

PEB Forum Regular Member
Registered Member
*Update:
Did not do a formal board. Did a VARR to have my rating reevaluated with new evidence on 25FEB20. Lawyer said with new evidence that my rating should be bumped up to 40% DOD and given the new label of 'Retired' and i should be out by June. Apparently a formal board is only to contest fit/unfit findings and not argue ratings so it is not surprising that people get found fit or unfit after doing a formal since that is their primary purpose.
 
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