How should I approach this...?

C

Chet

PEB Forum Regular Member
First, TSgt, AD USAF, just shy of 12 years

I lost my right leg (AK) and severely deranged my left knee and ankle in an accident in '06. My informal was FINALLY completed in February, and it was returned as Permanent Retirement at 60%. I am tickled to death about the retirement part. I was honestly sweating it, as I was a "lifer" and I certainly didn't want to end my career this way, nevermind the lack of income to help support my family! However, I do have a few issues with the rating.

My initial 356 came back with the following compensable unfitting conditions:
1. Right Below Knee Amputation (40%) - 5162
2. Left Knee Pain Status Post Surgical Correction of Dislocation (10%) - 5099 - 5003

I immediately noticed that #1 was BELOW KNEE. I'm an AK. The MEB office called down and they changed the condition to Right Above Knee Amputation, and upped the rating to 50%. I'm fine with this rating. This side is black and white; the leg was amputated above the knee and it's a firm rating for that condition. It's obviously not going to change, so I'm content with it.

My issue is with the rating for #2. The condition rated above is simply post-surgical pain that I'm dealing with. Well, yes, I have a lot of pain, but there are also some pretty vital components in my knee missing and my ankle doesn't bend past neutral! This is all documented heavily, but it was the VA providing my care and not the base, so I don't believe that the informal board had all the information to base their rating on.

I have appealed and have been granted a FPEB. To put it in the most simplest of terms, I'm NOT appealing their number. I'm appealing the fact that I don't think they had all the necessary information to come up with a fair rating. I have a severely stretched ACL in my knee (even after replacement last year), and that's it. Everything else is gone. I can literally stand straight up and make my lower leg do the "helicopter". It is severely unstable and I can't weight bare whatsoever without wearing a big Forrest Gump looking leg brace that goes from a footplate all the way up to my thigh. I have documentation from my doctor at the VA that it is only going to degrade in time if I keep trying to ambulate on it (my other option is a wheelchair) and I'll eventually need a full knee replacement, if even possible. I already mentioned my ankle issues.

So, after being kind of long-winded here, as I said, I am only going down there to make sure that they have all the information before deciding my future. If the board comes back after seeing me and my medical records and says its still 10% for my left leg, I'll salute smartly and say "have a good weekend". I'm not begging for something more, I just think the informal package was less than accurate.

I'm honestly quite nervous about the whole formal board. What is the best way to go about presenting my case to my counsel and to the board? The only evidence I really have is my VA medical records. I'm not trying to argue anything, I just want them to look at the records for my left side and give a number. If they come up with that number after seeing me and reading the presented statements from my doctor and physical therapist as well as my records, I'll accept it. How should I go about this?

Also, I have a physical profile from my PCM that states I can wear PT Gear as opposed to BDU's as my duty uniform. I physically can't wear BDU pants. Aside from the issue of just trying to get them on over all the crap on my leg(s), anything with long legs snags and pulls in my left leg brace and can actually pose a danger to me ambulating. I've had wind pants get snagged in the hinges and stop it from moving, which almost cause me to fall (I have pretty poor balance and need crutches/cane to ambulate). The socket on my prosthesis is also pretty large and doesn't fit well in much else besides baggy shorts. Is this going to be an issue? I know I'm supposed to report in BDU's, but I have the uniform waiver. Will this be frowned upon?

Thanks for reading all this. I know it was a lot. I've got almost two years of dealing with this crap built up inside of me, though. It had to come out, somehow. Hopefully this will be the end to it all when I meet the board. Thanks again.
 
Chet,

First off, Welcome! I am glad you are here to contribute.

As far as your comments about what you disagree with about the IPEB's findings not being supported by enough information, I understand your point. However, from an advocacy point of view, I always think you want to come to an idea of what you are asking them to do for you and then present evidence to meet that. If you can't get enough evidence to do this, I think you need to present as much about your limitations as you can, and ask for them to return the case to MTF for further evaluation. I still think it is best to ask for something concrete though.

As far as presenting the case, remember, your counsel will be there to help you. I can't tell you what their approach will be, but most likely they will "lead" you through your testimony. When I present a case, for example, I usually start with history of the main injury , and will ask, "Please tell the board about the day you were injured (or injured your _________)." They will most likely review all of this with you, so you should do fine. As far as the PEB, remember, they have typically seen hundreds of cases, so they are familiar with many of the issues. If your attorney has prepared you well, it should be straightforward, you will answer the questions from the attorney, then from the PEB members, and make a statement, if you wish. I understand that this can be nervewracking, but you should not be worried. Also, regarding uniform changes, I have represented many Servicemembers who needed that accomodation becasue of their injuries. I have never seen the Board treat this with anything but understanding.

I hope it goes well and please let us know any questions.
 
I thank you immensely, Jason! After looking around here for a while, I wish I would have found it a long time ago!

Thank you for all your help in this issue. I'll talk with my counsel about what our end-point strategy should be. I've got a lot of paperwork that needs to be pared down to just what injuries prevent me from doing my learned trade (to focus on the left leg). We'll just see how it goes.

I also want to thank you for just having this board available for everyone. I can't tell you how many posters I've seen on here have some of their nerves calmed by your educated posts. You are doing a good thing. Thanks.
 
Chet,

Thanks for saying that. Truth of the matter, it was just a matter of being in the right place at the right time that I got to learn about this area of the law. And I saw a lack of information going out to those who need it and that struck me as very wrong. So it is just one of those things, if you can fix something, do it.

Best of luck, and thanks for contributing here, too!
 
It was a long week, but in the end everything worked out for the best. My final findings by the FPEB were Permanent Retirement at 80% Disabled and 75% Compensable. This was the absolute best-case scenario for an outcome, and although it is bittersweet, I'm more than happy with the outcome. It was worth the trip down there.

If anyone is interested, I can write a detailed summary of my board experience if anyone wants to know what it was like.

On a semi-interesting note, my hearing was set for Thursday, but was delayed until Friday because my counsel was sick (I was too, so I wasn't too terribly upset by this). However, he was also sick the next day so I was assigned a different lawyer. I met with my new counsel and felt comfortable enough to move forward with my hearing that day instead of delaying it until Monday, at the earliest. Though there was no better outcome I could have received from the board's decision, in hindsight I would have waited until my primary assigned counsel was able to represent me. I don't know why it didn't turn out worse... it really should have. Just something to think about if the same thing happens to anyone else.
 
Chet,

I am glad to hear you got the best results possible. Congratulations!

By all means, please do write about your experiences at the FPEB. What I might think is not important may be really helpful to someone else going through this process. I also hope that you remain part of the community here. Your experiences as you transition and with the VA may help someone else here, too.
 
Chet, I'm sure everyone would be interested in how your time at the FPEB went. Way to go on striking gold at the FPEB! :D
 
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