OK. So I had my original FPEB back in 2003 I was found unfit under 5002-5009 and placed on TDRL (40%...exasperations)in 2005 had re-eval and was released under the excuse that only 5240 was to be used and now permanent 20%...went to VA they were saying the same....I non-concurred and sought out help and appealed VA informing them that just because 5240 was created it was for "RESIDUAL...a.k.a non-active" rating and that my records proved that i was active stage so original 5002-5009 would be proper. After several years of knocking on doors and proving point...VA Rated me at permanent 40% with 10% shoulder (different injury) total 50%...they also changed 38CFR to state that active Ankylosing Spondylitis was to be rated as 5002.
Do to my case and others that where grouped together and presented before the powers that be the DOD is reevaluating ratings made during this time period.
Although my case was one of those presented i have held off trying to get my retirement status reinstated due to the amount of anger and stress i get from being made to feel like I'm a second class citizen by the PEB (no helping it...I have seen papers that were internal...suggesting raters to low ball soldiers......fact...although i wasn't allowed to retain the proof due to the persons career being in jeapordy.....yes i know here say...but i know what i read and will leave it at that.)
So now past my ranting (sorry!) As I said i am about to go through this whole process and wanted to address the "Instrumentality of war issue" my injury that preceded the onset of my A.S. was from running a 50cal range....I was in charge of the ammo detail and while downloading from a hemit ammo carrier, the ammo guy was rushing (to see new girlfriend) and unloading by throwing down crates...(did not lower rack)...one of these crates were headed for one of my soldiers backs and I stepped in an pushed it over and to the back of me (clear area) immediately I was in pain....next morning sick call and was told I probably just pulled something...motrin and profile.....went on like this for abut 6 months then went to hospital....after another 4 months (and 5 doctors later) diagnosed with A.S.
Question since the onset was at that range (2000) and ammo crate was cause (and lack of safty on ammo guys part) do you think I have a valid qualification for this clause. It's 50 cal. crates ...live ammo.
Thanks in advance and sorry for rant.
-Linwood
Do to my case and others that where grouped together and presented before the powers that be the DOD is reevaluating ratings made during this time period.
Although my case was one of those presented i have held off trying to get my retirement status reinstated due to the amount of anger and stress i get from being made to feel like I'm a second class citizen by the PEB (no helping it...I have seen papers that were internal...suggesting raters to low ball soldiers......fact...although i wasn't allowed to retain the proof due to the persons career being in jeapordy.....yes i know here say...but i know what i read and will leave it at that.)
So now past my ranting (sorry!) As I said i am about to go through this whole process and wanted to address the "Instrumentality of war issue" my injury that preceded the onset of my A.S. was from running a 50cal range....I was in charge of the ammo detail and while downloading from a hemit ammo carrier, the ammo guy was rushing (to see new girlfriend) and unloading by throwing down crates...(did not lower rack)...one of these crates were headed for one of my soldiers backs and I stepped in an pushed it over and to the back of me (clear area) immediately I was in pain....next morning sick call and was told I probably just pulled something...motrin and profile.....went on like this for abut 6 months then went to hospital....after another 4 months (and 5 doctors later) diagnosed with A.S.
Question since the onset was at that range (2000) and ammo crate was cause (and lack of safty on ammo guys part) do you think I have a valid qualification for this clause. It's 50 cal. crates ...live ammo.
Thanks in advance and sorry for rant.
-Linwood