looking for your opinion

I'm a TSgt in the AF with over 19 years. I suffered Sudden cardiac Death a while back and had an Implantable Automatic Cardiodifibrillator installed (IACD). I just recieved my results from the IPEB and they stated permanent retirement at 30%. I would prefer to fight and get a return to duty so I can finish my 20. But If I were to loose that appeal that would have me getting retired at only 30% the VSARD states 100% for haveing a IACD. They stated they rated me using DC 7011 which is correct but the perentage doesn't match.

this is what came out of the remarks section from my results (AF Form 356)

Your medical condition, which is not likely to change over the next several years, prevents you from reasonably performing the duties of your office, grade, rank, or rating. You have duty restrictions of no running over 100 yards, lifting over 10 pounds, working over 8 hour days or 40 hours a week, or working around certain equipment with electromagnetic fields. Your medical condition hinders your ability to perform primary in-garrison military duties. You are currently performing analyst/ quality)assurance duties (not your normal, primary duty), which is indoors and does not require physical exertion. You require medical specialty (cardiology) follow-up quarterly. An echocardiogram showed mild concentric left ventricular hypertrophy with ejection fraction over 55 percent. The Informal Physical Evaluation Board finds you unfit and recommends permanent retirement with a disability rating of 30% per the schedule for rating disabilities in use by the Department of Veterans Affairs lAW NOAA 2008.
 
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Here is from the VASRD for DC 7011.

7011 Ventricular arrhythmias (sustained):
​
For indefinite period from date of hospital admission for initial evaluation and medical therapy for a sustained ventricular arrhythmia, or; for indefinite period from date of hospital admission for ventricular aneurysmectomy, or; with an automatic implantable Cardioverter-Defibrillator (AICD) in place
100​
Chronic congestive heart failure, or; workload of 3 METs or less results in dyspnea, fatigue, angina, dizziness, or syncope, or; left ventricular dysfunction with an ejection fraction of less than 30 percent
100​
More than one episode of acute congestive heart failure in the past year, or; workload of greater than 3 METs but not greater than 5 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; left ventricular dysfunction with an ejection fraction of 30 to 50 percent
60​
Workload of greater than 5 METs but not greater than 7 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; evidence of cardiac hypertrophy or dilatation on electrocardiogram, echocardiogram, or X-ray
30​
Workload of greater than 7 METs but not greater than 10 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; continuous medication required
10​
Note: A rating of 100 percent shall be assigned from the date of hospital admission for initial evaluation and medical therapy for a sustained ventricular arrhythmia or for ventricular aneurysmectomy. Six months following discharge, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of §3.105(e) of this chapter.​


 
I wonder if it might be a better avenue to ask the Informal board for reconsideration, before appealing to a formal board. It looks to be a black and white case to me, but maybe I am missing something? Have you talked with your PEBLO? I assume you are electing legal counsel? I wish you luck with your decision, and hope you get the outcome you deserve.

v/r, CPO Don Campbell
 
I didn't know there was a way to ask for a "simple reverification". Cause I agree it seems like a "black & white" scenerio". It looks to me like they forgot to rate me for having a defibrillator installed.
 
I might be wrong but I thought there was a bill passed stating that the PEB and up must rate per VASRD from now on? someone help set me strait if I am incorrect.
 
I am glad you came back from that, did you see the "light"?
Not being a smart azz just always wondered that...
 
My wife asked me the same thing about seeing the light. well to be honest.... I never saw any light.. I don't even remember that whole weekend when it happend.. I'm just going from what my med records say and what people have told me..

So of course after I told my wife that I didn't see any light.. she just said.." uhmmm... well that's becuase you need to get your but into church more often!".....lol
 
I guess you only see the white light when it's really your time to go. ;)
 
Yeah no doubt, glad you made it and welcome to the family...
 
Hello,

I am in the middle of filing suit to overturn an AFBCMR decision about the diagnoses listed and coded on my AF Form 356.

You absolutely need to go to the Formal PEB. The US Court of Federal Claims just ruled in favor of a former serviceman on the issue of a discrepancy between VASRD and the percentage awarded at discharge (google: Van Cleave v. US).

Trust me, you don't want to accept the informal findings and duke it out later with the AFBCMR/Federal Court system. It's not that you can't/won't win, but it'll take forever!

I have done a ton of research on PEB issues and would be happy to share them with you. My email is [email protected].

Good luck!
 
There is nothing in the regulations about asking for a reconsideration of the informal board's findings. However, I have regularly done this with high rates of success, especially in cases where there is clear evidence of meeting the criteria for a higher rating. The worse they can say is "no," and tell you to raise your issues at the Formal. But the reality is, if it is clear, they would rather dispose of the case as easily as possible. If they revise their findings, and you accept, it is one less board they have to conduct. If they are sure you are right, they will often correct the findings instead of having a board for no reason.
 
Jason said:
There is nothing in the regulations about asking for a reconsideration of the informal board's findings. However, I have regularly done this with high rates of success, especially in cases where there is clear evidence of meeting the criteria for a higher rating. The worse they can say is "no," and tell you to raise your issues at the Formal. But the reality is, if it is clear, they would rather dispose of the case as easily as possible. If they revise their findings, and you accept, it is one less board they have to conduct. If they are sure you are right, they will often correct the findings instead of having a board for no reason.
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Is this something that I should have the PEBLO work? Or should try myself, to directly contact the person that signed my results paperwork?
 
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