FPEB Results

Cody1

PEB Forum Regular Member
Registered Member
Today I had my FPEB and I am extremely happy to say I won the appeal. I had an unfitting back condition rated at 20%. I also had radiculopathy rated by the VA at 10%. My appeal was to have the radiculopathy added as an unfitting condition. Fortunately, the board agreed with me and granted my appeal. Now I am waiting to finish out this process (orders, identify retirement date/leave dates, etc.). Would it be more likely that I will begin terminal in July or Aug? I have 79 days of leave/PTDY. I'm not sure what the timeline is for the remaining portion of this process. Thanks
 
I have questions about getting radiculopathy added as an unfitting condition. In my original head to toe evaluation with the MSC radiculopathy of the upper extremities was noted twice however in my C&P exam the Dr. excluded it in his write up because the EMG came back negative as I was not experiencing the numbness or tingling in my arms during the test. In my records it is clear that I have been seen multiple times for radiculopathy since I had a two level neck fusion back in January of 2018. When my packet came back from the informal PEB with my unfit memo they caught the radiculopathy and added it to my 3947 but not as an unfitting or "not meeting retention standards" condition. I would assume I will get a VA rating for it however i need it to be taken into account for my DoD rating as it is a huge contributing factor to the reason i was found unfit in the first place..
 
I had a similar issue, I petitioned the FPEB to add the condition to unfitting condition, they concurred. The issue was it was not yet rated (I forgot to claim it). FPEB kicked it back to the VA to rate it after adding it as unfitting. Pending PDRL at % TBD.

I went from offered 10% to 50% DOD.
 
Did your EMG come back negative or positive? What history did you have to have conclusive findings of radiculopathy? I’m afraid with a negative EMG I won’t get a rating however it was a surprise that the PEB added it to my conditions...
 
Hi there Cody1... was wandering if if you could give me some hints regarding my case...
in essence, I am petitioning to have another condition added to my MEB as an unfitting condition (it is Menieres. I was diagnosed just recently)...
I have my FPEB on Oct 16, 2019... any ideas or suggestions? my appointed legal counsel has not been the most proactive...

Thank you
 
If you're a flyer, it would definitely be considered unfitting.
 
Today I had my FPEB and I am extremely happy to say I won the appeal. I had an unfitting back condition rated at 20%. I also had radiculopathy rated by the VA at 10%. My appeal was to have the radiculopathy added as an unfitting condition. Fortunately, the board agreed with me and granted my appeal. Now I am waiting to finish out this process (orders, identify retirement date/leave dates, etc.). Would it be more likely that I will begin terminal in July or Aug? I have 79 days of leave/PTDY. I'm not sure what the timeline is for the remaining portion of this process. Thanks

Was it only one side or both for radiculopathy? Thanks and congrats. Any update on your terminal timeline?
 
I had a similar issue, I petitioned the FPEB to add the condition to unfitting condition, they concurred. The issue was it was not yet rated (I forgot to claim it). FPEB kicked it back to the VA to rate it after adding it as unfitting. Pending PDRL at % TBD.

I went from offered 10% to 50% DOD.

So my husband is requesting a FPEB due to the exact reason. His back fusion was the unfitting condition and the doctor refused to add the radiculopathy because “it was all included with the back problem” - well Navy didn’t rate it and gave him 20%. How did you ask them about it? He has had multiple mentions of radiculopathy on his file and has been down from flying due to it. Just trying to make sure we ask the FPEB the right way. Thanks and congrats on winning it! Gives us hope
 
That should be the exact position to take with the FPEB. Hopefully soon, the FPEB lawyer will be in contact. I think I only had about 2 weeks to talk to the lawyer and come up with a game plan prior to the FPEB.

Did the VA rate the radiculopathy? Which nerves were affected/rated.

Sciatic VADC 8520

Severe, with marked muscular atrophy​
60​
Moderately severe​
40​
Moderate​
20​
Mild​
10​
 
So he is in contact with the lawyer already, whom has been very helpful. He says he will for sure get an increase but we shall see. The VA rated his radiculopathy at 10 in multiple nerves. I’m not sure which exact nerves I just know it was multiple of them. He has a FPEB Oct 15th so we are hoping it goes well. They told him to expect to go to DC. His PTSD was rated 0% DOD 30% VA that’s another one we are trying to fight as well
 
LDES or IDES? They really make you fight for everything.

My understanding is IDES has to apply the VA rating to the DOD unfitting conditions.

I don't understand how the 0% DOD PTSD 30% VA would be correct, unless it is not "unfitting"
 
IDES - that’s why we were so surprised to find DOD 20% VA 100% and DOD dismisses his PTSD and radiculopathy to 0% - both his back injury and PTSD where sent for the MEB as unfitting but Navy said his PTSD was fine (even with 3 different doctors disagreeing)
 
IDES - that’s why we were so surprised to find DOD 20% VA 100% and DOD dismisses his PTSD and radiculopathy to 0% - both his back injury and PTSD where sent for the MEB as unfitting but Navy said his PTSD was fine (even with 3 different doctors disagreeing)

My PTSD was found fitting also, extreme cases of PTSD are only found unfitting as the services move to not blanket discharge those with PTSD. They are changing the stigma that PTSD is a discharge in the hopes that people step forward and seek care. I posted my PEB results to help others as the reason why PTSD is not unfitting is mentioned in my PEB results.
 
As I understand where you are coming from, he has had treatment for a while now, so he did seek care and has not improved. He even got a CO letter (plus others) stating what they saw on daily basis. I’m not saying he isn’t functionable BUT he can not do his job because it is a huge trigger to his PTSD as he works on helicopters and he was in a crash. I think it needs to be look case by case basis
 
As I understand where you are coming from, he has had treatment for a while now, so he did seek care and has not improved. He even got a CO letter (plus others) stating what they saw on daily basis. I’m not saying he isn’t functionable BUT he can not do his job because it is a huge trigger to his PTSD as he works on helicopters and he was in a crash. I think it needs to be look case by case basis
Definitely...case by case!
 
@Cody1 I'm glad you got radiculopathy added as an unfitting condition. I just finished my FPEB last week and they ruled against adding radiculopathy because I wasn't seen specifically for it. I was seen multiple times for my back and when asked I told them about the numbness and tingling but because I wasn't seen just for radiculopathy, they would not add it to the unfitting conditions. I got a second opinion on range of motion for my back and I find out what that range is today. Hoping to get the 40%.
 
@gillys1 When he goes to his FPEB I would make sure he has CO and Doctors letters stating what triggers his PTSD and he is incompatible with military service, if he isn't 70-100% (in the cases I have seen) he may not be found unfit without justification.
 
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