PEB

It depends on your conditions, your AFSC/MOS and the retenention standards in your branch of service.
 
Thanks gents I have 20 years in already. My question is if I am talking to a VA rep to determine my rating for my IDES does that mean the military is looking to retire me?
 
Shaynique said:
Thanks gents I have 20 years in already. My question is if I am talking to a VA rep to determine my rating for my IDES does that mean the military is looking to retire me?
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Assuming you are meeting a VA representative called a "military service coordinator" (MSC) to initiate your IDES claim then yes. The process can take a while 6 months to a year, but since you're past 20 years you'll be retired if you're found unfit regardless of DOD percentages.

If you're found fit you could still serve until your service/rank limitations.
 
Camp P Marine said:
It depends on your condition(s) that are deemed unfitting and what % the VA rated them.

20 or below = medical separation
30 or above = medical retirement, either Temporary or Permanent disability retirement list. (TDRL or PDRL)

http://www.dfas.mil/retiredmilitary/disability/disability.html
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Thanks I have a another question for you. I received my C&P exam back and it stated that some of my condition prognosis was uncertain. Does this means that they VA will not compensate me for these illnesses even though they are in my medical records.
 
If I've been through the PEB and they have determined that I can only be separated butt after my bar I was given radiculopathy which is a secondary condition off of my primary condition. My primary condition is what I'm being separated by. So my question is does the addition of radiculopathy make it where I now can be medically retired?
 
Shaynique said:
Thanks I have a another question for you. I received my C&P exam back and it stated that some of my condition prognosis was uncertain. Does this means that they VA will not compensate me for these illnesses even though they are in my medical records.
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I believe they give the veteran the benefit of the doubt when there is uncertainty, as long as medical evidence doesn't contradict your claim.
 
Montej23 said:
If I've been through the PEB and they have determined that I can only be separated butt after my bar I was given radiculopathy which is a secondary condition off of my primary condition. My primary condition is what I'm being separated by. So my question is does the addition of radiculopathy make it where I now can be medically retired?
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This depends but more details are needed.

I believe you meant to say after your Formal hearing they added radiculopathy as a CAT II condition, (not unfitting by itself, but contributing from your CAT I unfitting condition)?

What was your DOD rating for your unfitting condition?
 
Camp P Marine said:
This depends but more details are needed.

I believe you meant to say after your Formal hearing they added radiculopathy as a CAT II condition, (not unfitting by itself, but contributing from your CAT I unfitting condition)?

What was your DOD rating for your unfitting condition?
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My DoD rating for degenerative disk disease with spondylosis, thoracolumbar spine was rated at 20%

I sent a varr in requesting a reconsideration for back rating increase and adding radiculapathy since it was missed after the c&p exam.


I just got the results from va where they gave me 10% for radiculapathy separately and did not change back rating of 20%
 
If you can request a FPEB and petition them to add Radiculopathy as unfitting, if it is currently not part of your DOD %.

I'm not sure of your Branch and its forms, but for Marines/Navy my understanding is if you accept the findings, but ask the VA to reconsider they will only look at your unfitting condition(s).

I you did accept, I'd be fearful the DOD not add Radiculopathy as unfitting and your case is processed for finalization. If you can still appeal try to get the Radiculopathy as unfitting as I believe CAT II conditions are not factored into your DOD%.

Seek legal counsel to determine your options and do what you think is best for you, hopefully medical retirement.
 
Yeah I did not agree with findings from formal board. So at the same time i requested the formal board to review it and a VARR. The formal board it did not change but the varr did add the radiculopathy to my ratings. However did not change my back rating.

So does this change anything or where do I go from here? I do have a lawyer yet can't get ahold of him. This is going to drive me crazy all weekend.
 
If you already had your FPEB hearing, I think the only means of redress are a Petition For Relief where the lawyer will help you state your position as to what conditions & why they should be found unfitting.

This is the last chance for an in-service appeal. I would recommend it if other avenues are exhausted and fight for the retirement.
 
http://www.public.navy.mil/surfor/Documents/1850_4E_SECNAVINST_ENCLOSURE_5.pdf

I believe you could qualify under the below provision:

"The only basis for relief by means of PFR are: (1) New Or Newly Discovered Evidence. Upon the presentation of new or newly discovered evidence which by due diligence could not have been presented prior to the effective date of disposition of the individual concerned, which related to a fact in existence at the time of such disposition, which is not merely cumulative or corroborative and not such as to merely affect the weight of evidence or credibility of witnesses or records; and which would have warranted a different finding or action had it been presented; new or newly discovered medical evidence to be accepted must be corroborated by competent medical authority."
 
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