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After a long time of waiting and searching this forum for help I am finally near the end. I received my ratings from my PEBLO today.

Unfitting Conditions - 60% AF PDRL
Asthma - 30%
Migraines - 30%
Musculoligamentous Strain left and right knee. 10% each

VA Conditions - 100%

Meniere's Syndrome - 100%
Sleep Apnea - 30%
Adjustment Disorder with Anxiety and Deprssed Mood - 30%
Hypertension - 10%

I have a few questions and was wondering if anyone could help. I have been fighting to get my Meniere's added as unfit condition for awhile and it was too late to add it so I was told I need to fight it at the Formal board if I wanted to add it to the unfitting conditions. My PEBLO says if I do that there is a chance they can change my PDRL to TDRL. Is this true. The reason I wanted to fight it is that I want my AF ratings higher just incase the VA were to change my rating down the road. I also know if they did grant me 100% AF that I would only get paid 75% of my base pay so I was wondering is it really worth it to fight for the extra 15%. I'm still trying to figure out what my pay will be to see what the difference in the 15% would be. BACKGROUND (E-5 for the last 3 years and I have been in the AF for nine and half years)

I also had a VA person at the meeting and she said that I would get my AF pay and my VA would be offset and I told her she was wrong and she basically said I was wrong. So from my understanding since I received a 100% rating I would receive all VA pay tax free and no AF pay. Besides the first few months out of the military before the VA pay kicks in. Is that correct.

I have a spouse and two kids. So from the charts I found online I would get $3,166.00 a month.

I also have another issue during this process my command decided to Admin discrage me for PT failures so my PEBLO wanted to ensure I knew there was a chance they could discharge me and not give me retirement. I have asked this question many times on this forum and everyore said don't really worry about and the lawyer said the same thing. So I wanted to ask it again is this something I need to worry about.

I know this is a lot of information but my big question is it really worth appealing for the extra 15% or should I just sign it and move on.
 
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jdjohnson said:
I have a few questions and was wondering if anyone could help. I have been fighting to get my Meniere's added as unfit condition for awhile and it was too late to add it so I was told I need to fight it at the Formal board if I wanted to add it to the unfitting conditions. My PEBLO says if I do that there is a chance they can change my PDRL to TDRL. Is this true.

Yes, because if they deem the Meniere's as unstable, you will be put on TDRL.

The reason I wanted to fight it is that I want my AF ratings higher just incase the VA were to change my rating down the road.

If you are rated at 100% by the VA, there is a NOT any likelyhood that they will lessen anything. You need to look for the rating of 100% Permanent and Total (P&T) or 100% Unemployable (UI).

I also know if they did grant me 100% AF that I would only get paid 75% of my base pay so I was wondering is it really worth it to fight for the extra 15%. I'm still trying to figure out what my pay will be to see what the difference in the 15% would be. BACKGROUND (E-5 for the last 3 years and I have been in the AF for nine and half years)

I also had a VA person at the meeting and she said that I would get my AF pay and my VA would be offset and I told her she was wrong and she basically said I was wrong. So from my understanding since I received a 100% rating I would receive all VA pay tax free and no AF pay. Besides the first few months out of the military before the VA pay kicks in. Is that correct.

No, you will receive 70% of your base pay UNTIL the VA benefits kick in, with a back pay of the difference between the DoD pay and the VA benefit.

I have a spouse and two kids. So from the charts I found online I would get $3,166.00 a month. Ye, this is true.

I also have another issue during this process my command decided to Admin discrage me for PT failures so my PEBLO wanted to ensure I knew there was a chance they could discharge me and not give me retirement. I have asked this question many times on this forum and everyore said don't really worry about and the lawyer said the same thing. So I wanted to ask it again is this something I need to worry about.

Yes and no, if you can prove that you could not medically pass an APFT, then the CoC have no feet to stand on.

I know this is a lot of information but my big question is it really worth appealing for the extra 15% or should I just sign it and move on.

In my opinion it's not worth it since you already have 100% VA, which pays out more and is an untaxable/non-garnishable income.
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My answers in bold and red in the reqoute.
 
1. Do they have a cure for Menieres? Is treatment available or working? Is the condition stable?
2. Look at the military pay charts and calculate 60% and 75% of your base pay. Roughly $1710 at 60%. $2138 at 75%. I understand your thinking regarding "back-up pay" if your VA rating was reduced.
3. A 100% VA rating is not "immune" from re-evaluation. However, the regulations and procedures for reducing a 100% VA rating are significantly more stringent. Also, in the event you're awarded 100% schedular rating from the VA, Individual Unemployability (IU or TDIU) would not be granted.
4. VA compensation instead of DoD is probable based on your numbers. If you have combat related conditions or those that occurred in a combat zone things could change for the better; i.e. CRSC and tax breaks from DoD. Also, you will receive a break down of pay before retirement.
5. It appears they ran a "dual action" discharge. The service secretary will decide whether you're retired or administratively separated. Based on having a severe medical condition I believe it's reasonable to assume your medical problems prevented you from being able to perform not only PFTs, but also your regular duties. If the service secretary would decide admin discharge you would appeal.

The pros and cons of a FPEB must be analyzed and you are doing a great job. Look at the difference between $1710 and $2138. Then decide if you're or should be entitled to CRSC. Also consider whether Menieres is stable and/or expected to improve. If it does improve what would a lesser VA rating result in?

Also consider that you are currently being placed on PDRL. The FPEB could find PDRL appropriate with or without menieres added. They could also find TDRL appropriate with or without meneires added.

Crunch the numbers, seek out counsel, and make the decision that is best for you and family.
 
pittpan2005 said:
1. Do they have a cure for Menieres? Is treatment available or working? Is the condition stable?
2. Look at the military pay charts and calculate 60% and 75% of your base pay. Roughly $1710 at 60%. $2138 at 75%. I understand your thinking regarding "back-up pay" if your VA rating was reduced.
3. A 100% VA rating is not "immune" from re-evaluation. However, the regulations and procedures for reducing a 100% VA rating are significantly more stringent. Also, in the event you're awarded 100% schedular rating from the VA, Individual Unemployability (IU or TDIU) would not be granted.
4. VA compensation instead of DoD is probable based on your numbers. If you have combat related conditions or those that occurred in a combat zone things could change for the better; i.e. CRSC and tax breaks from DoD. Also, you will receive a break down of pay before retirement.
5. It appears they ran a "dual action" discharge. The service secretary will decide whether you're retired or administratively separated. Based on having a severe medical condition I believe it's reasonable to assume your medical problems prevented you from being able to perform not only PFTs, but also your regular duties. If the service secretary would decide admin discharge you would appeal.

The pros and cons of a FPEB must be analyzed and you are doing a great job. Look at the difference between $1710 and $2138. Then decide if you're or should be entitled to CRSC. Also consider whether Menieres is stable and/or expected to improve. If it does improve what would a lesser VA rating result in?

Also consider that you are currently being placed on PDRL. The FPEB could find PDRL appropriate with or without menieres added. They could also find TDRL appropriate with or without meneires added.

Crunch the numbers, seek out counsel, and make the decision that is best for you and family.
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My Meniere's Disease while be reevaluated down the road. The Va Rep that I talked to said it would be reevaluated anywhere from 1 year to 3 year but she said that they rarely lower the rating after that. Is the any truth to that. When I asked her if the VA would lower the rate in the future she said she highly doubts it.
 
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