Just got results of TDRL IPEB advice please

Z

zoomysarge

PEB Forum Regular Member
I just got the letter today from my first review after being put on TDRL.

They have decided my condition has improved and stabilized and no I am rated at 20% and they are offering (reccomending) severance pay and separation.

I am considering appealing for the FPEB

I have not gone to the MD since retirement with my back issues as I have been able to be more careful than was required while I was active duty and couldn't afford to before I got a new job and couldn't take the time off after.

I have been to the VA for Comp & Pension evaluation and theyhave me rated at 50% but they consider some things the AF does not apparently.


How long after I send in the appeal form, should I look for a date to be set up?

I want to start getting my ducks in a row through other sources (such as civilian MD examinations etc) while I can.

Any suggestions or info appreciated.
 
They should be able to let you know of the date with in a week or two.

X
 
I was placed on the TDRL with a rating of 50 or 60%.

They said the TDRL rather than permanent med retirement was because they couldn't be sure if the back problems had stabilized or if it would.

They failed to mention the optical hypertension, glaucoma suspect (pre-glaucoma) in the write up but did mention hypertension (non-compensable at the time) obesity and soking (both non-compensible) they also failed to note or mention any hearing or vision loss (which the VA noted but it was not enough to be compensable)

I provided copy of the VA Comp & Pension evaluation paperwork at the re-evaluation but it was disregarded completely by the MDs I met with for the evaluation.
 
Did they only place you on TDRL for your back?

What was the basis for the original rating (i.e., Range of motion limitations, or incapacitating episodes).

You want to look for what the criteria was back then and see if you still meet it. If you do, but it was not documented at the TDRL re-exam, you need to get that documented. The only thing that makes sense for them to have lowered you is if your condition has improved. If it has not, then you should prevail if you gather the evidence.
 
Yes I was retired for my back. herniarted discs, bulging discs, with radiculopathy.


The range of motion was a factor but not sure how much.

They also considered Blood Pressure, obesity (gofigure bad back & fat), and smoking but those 3 were determined non-compensable.
 
What rating did the VA give you just for your back and what was the rationale?

Mike
 
the VA had me at an over all 50% rating. 10% each for low back pain, radiculopathy inleft and in right leg, tinitus, and tendonitis in left & right wrists. The Air Force MEB had me originally at 40% for back pain and radiculopathy for right leg only.

The Air Force NOW says slightly improved and cut the rating to 20%.

I have had the FPEB and they agreed to the 20% rating ad I have opted for the fina appeal to the SEC AF. My lawyer at the FPEB noted in our pre-board (or as I call it trial) the Drs I met with in the Spring for the re-eval wrote up as if I had been tested during the follow-up but I had NOT been. I stated several times to him all I did was talk to them and NO TESTS were performed. He also noted the VA rated the radiculopathy in both legs but the AF only in the right. During the hearing he did not mention any of this. Should I mention it in my written appeal?

Also, I have heard various severance pay calculation formulas.

2.5X years of service (rounded to whole year if over 6 months) X base pay.

and I have heard it is 2.0 rather than 2.5 (which is correct?)

I had 13 yrs 6 mos 2 days active duty time at retirement and I was E-5 with line number for E_6 so was retired as E-6 though neve wore the rank.

Am I correct in calculating 2.0 (or 2.5?) X 14 (years) X E-6 (or E-5) base pay?

There is a huge diference in the amounts so am unsure.

Finally, since I already have the VA determination should I send a copy to DFAS to prevent them from taking taxes out if the final appeal is for severance or should I wait untill the determination has been made THEN send it?
 
zoomysarge said:
the VA had me at an over all 50% rating. 10% each for low back pain, radiculopathy inleft and in right leg, tinitus, and tendonitis in left & right wrists. The Air Force MEB had me originally at 40% for back pain and radiculopathy for right leg only.

The Air Force NOW says slightly improved and cut the rating to 20%.

I have had the FPEB and they agreed to the 20% rating ad I have opted for the fina appeal to the SEC AF. My lawyer at the FPEB noted in our pre-board (or as I call it trial) the Drs I met with in the Spring for the re-eval wrote up as if I had been tested during the follow-up but I had NOT been. I stated several times to him all I did was talk to them and NO TESTS were performed. He also noted the VA rated the radiculopathy in both legs but the AF only in the right. During the hearing he did not mention any of this. Should I mention it in my written appeal?
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Zoomysarge,

Sorry to hear about your results. It sounds like you did not get the correct outcome.

I would certainly include any factual errors, in addition to legal errors made at the FPEB. If you are going to fight this, now may be a good time to consider getting legal representation for the purpose of your appeal.

Also, I have heard various severance pay calculation formulas.

2.5X years of service (rounded to whole year if over 6 months) X base pay.

and I have heard it is 2.0 rather than 2.5 (which is correct?)
Click to expand...

Severance is 2 times years of service (minimum of 3 years, max of 19) times base pay. The 2.5% calculation is for calculating alternate basis for award for members with 20 years or more of service.

I had 13 yrs 6 mos 2 days active duty time at retirement and I was E-5 with line number for E_6 so was retired as E-6 though neve wore the rank.

Am I correct in calculating 2.0 (or 2.5?) X 14 (years) X E-6 (or E-5) base pay?
Click to expand...

The calculation is based on your actual base pay, not on your grade. So, even though you were promoted, you never received active duty pay at that grade. So, it is at the E-5 base pay (remember, you won't have accrued the annual raises, either...it is your actual base pay you were entitled to on the day before your temporary retirement).

Finally, since I already have the VA determination should I send a copy to DFAS to prevent them from taking taxes out if the final appeal is for severance or should I wait untill the determination has been made THEN send it?
Click to expand...
It strikes me that until there is a final determination, there is no action that can be taken on your retired pay account. So, that makes me think, wait. However, timing sending the findings may be tricky. What I would do is call DFAS retirement section and ask.

Best of luck, I hope you get a good result when it is all said and done.
 
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