Unsure if I should sign my DA199

I received my ratings back from the PEBLO yesterday, 10% DoD and 90% VA.

I feel like the DoD could be short changing me, because they combined my two conditions that don't meet the standard into one rating, Patellofemoral Tendonitis and a Grade 3 Horizontal meniscus tear.
Also, I was rated 40% for Degenerative Disc Disease from the VA, and I asked the Dr. who did my NARSUM if that met standard, and he said it did, although I have debilitating sciatica.

I haven't been able to talk to the SMBEC paralegals, they never respond at Fort Campbell, so I was hoping for someone who has some experience to give me some guidance as to if I am wasting my time not signing the DA199, or if I should just sign and proceed on with my life.
 
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You can appeal.
Consult with legal counsel.
How many years of AD do you have?
 
chaplaincharlie said:
You can appeal.
Consult with legal counsel.
How many years of AD do you have?
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The legal representation from fort Campbell is non existent, I’ve reached out to them multiple times over the last 2 months and they’ve never responded. I’m at 6 years now. I’m ready to move on and the Peblo said the appeal process would put me in limbo until august. I also feel like the DoD would only give me 10 additional percent for my back then I’d be at 20% DoD side
 
BenEvan said:
The legal representation from fort Campbell is non existent, I’ve reached out to them multiple times over the last 2 months and they’ve never responded. I’m at 6 years now. I’m ready to move on and the Peblo said the appeal process would put me in limbo until august. I also feel like the DoD would only give me 10 additional percent for my back then I’d be at 20% DoD side
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The number you want from DOD is 30%, that way you get medical retirement. That retirement status is very different from medical discharged.
 
Roger, but they combined my meniscus tear and my patella tendon into one rated condition, and the degenerative disc disease is rated at 40% from the VA, but I’m not sure if the DoD will just add 10% or how that would work, even if I did get it added through a formal PEB
 
BenEvan said:
Roger, but they combined my meniscus tear and my patella tendon into one rated condition, and the degenerative disc disease is rated at 40% from the VA, but I’m not sure if the DoD will just add 10% or how that would work, even if I did get it added through a formal PEB
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Even if they have them combined really doesn't matter as long as it's listed on the DA Form 199 - with at least 0% from VA. The VA you can work with once you're out, but DOD is another story. If you get less than 30% from DOD you will not get a medical retirement. Medical retirement opens up many more doors than taking the lump sum severance pay (which you pay back before you start VA compensation). Having the meniscus tear and patella tendon together maybe more beneficial when it comes to the percentage, use CFR 38 Part 38 as a reference.
 
BenEvan said:
Roger, but they combined my meniscus tear and my patella tendon into one rated condition, and the degenerative disc disease is rated at 40% from the VA, but I’m not sure if the DoD will just add 10% or how that would work, even if I did get it added through a formal PEB
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Even if they have them combined really doesn't matter as long as it's listed on the DA Form 199 - with at least 0% from VA. The VA you can work with once you're out, but DOD is another story. If you get less than 30% from DOD you will not get a medical retirement. Medical retirement opens up many more doors than taking the lump sum severance pay (which you pay back before you start VA compensation). Having the meniscus tear and patella tendon together maybe more beneficial when it comes to the percentage, use CFR 38 Part 38 as a reference.
 
cateyedsoldier said:
Even if they have them combined really doesn't matter as long as it's listed on the DA Form 199 - with at least 0% from VA. The VA you can work with once you're out, but DOD is another story. If you get less than 30% from DOD you will not get a medical retirement. Medical retirement opens up many more doors than taking the lump sum severance pay (which you pay back before you start VA compensation). Having the meniscus tear and patella tendon together maybe more beneficial when it comes to the percentage, use CFR 38 Part 38 as a reference.
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Yeah that's where I am worried. If I appeal and they just add 10% for my DDD to the severance side, now I am paying back more and losing money faster. I was told that the only percentage I pay back is the 10% the DoD rated me for as a disqualifying condition. So, based on that conversation it was essentially 80% monthly from the VA, and then when the severance is recouped I'll get the 90% in full.
I guess it's better I just sign the DA199 rather than lose out on any more.
 
If you have been unable to reach the Soldier's Counsel at Fort Campbell, then the safe thing to do is to request a formal hearing and run your scenario past the Soldier's Counsel assigned to the Formal PEB or civilian counsel of your choice. You can always withdraw a formal hearing request at the last minute, but this gives you time to develop a VARR to increase the rating for your DOD unfitting condition(s) or to see whether conditions not previously found unfitting are viable to add at an FPEB. You have nothing to lose by making this election, as you can always withdraw your election of options and complete a new DA-199 accepting your findings if this is what you choose to do after speaking with Solider's Counsel at JBSA.
 
wepa14 said:
Can I appeal a signed DA199? Thank you.
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I am unsure what exactly you are asking (i.e., you signed the IPEB DA 199 and want to change your election, or you mean a DA 199 signed by the FPEB).

If you have signed the initial DA 199 and wish to change your election and request a Formal PEB, I would check with your PEBLO and ask to change your election. This should be possible if you have not waited too long and it has not been processed at the PEB. If you mean, can you appeal the FPEB findings? You can submit a rebuttal to the PEB findings (again if you have not waited too long).
 
Ditto @Jason Perry

When you say signed, do you mean you signed it? Or the board officer signed it? It is a big difference.
 
Jason Perry said:
I am unsure what exactly you are asking (i.e., you signed the IPEB DA 199 and want to change your election, or you mean a DA 199 signed by the FPEB).

If you have signed the initial DA 199 and wish to change your election and request a Formal PEB, I would check with your PEBLO and ask to change your election. This should be possible if you have not waited too long and it has not been processed at the PEB. If you mean, can you appeal the FPEB findings? You can submit a rebuttal to the PEB findings (again if you have not waited too long).
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I
Jason Perry said:
I am unsure what exactly you are asking (i.e., you signed the IPEB DA 199 and want to change your election, or you mean a DA 199 signed by the FPEB).

If you have signed the initial DA 199 and wish to change your election and request a Formal PEB, I would check with your PEBLO and ask to change your election. This should be possible if you have not waited too long and it has not been processed at the PEB. If you mean, can you appeal the FPEB findings? You can submit a rebuttal to the PEB findings (again if you have not waited too long).
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Im still active, currently out processing. The Army stated they had insufficient evidence about how I got my back injured from an airborne operation. In other words, they didn’t combat relate my injury to an instrumentality of war, during a simulated combat training. I went over with my paralegal and I trusted that it was a good decision until I spoke with a few other of my colleagues about how I can get CRSC
 
1. When the PEB finds a contention combat related; that percentage of your retired retired pay may be exempt from income tax.

2. Even though you signed, you can still make a case for CRSC, but it will be harder to prove.
 
chaplaincharlie said:
1. When the PEB finds a contention combat related; that percentage of your retired retired pay may be exempt from income tax.

2. Even though you signed, you can still make a case for CRSC, but it will be harder to prove.
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Okay, I’m was under hazardous orders for being in jump status. I got injured in the jump for hard landing but their argument states since I waited “two weeks” to get checked as to what felt like a sprain at the time. They did not related my injury two that jump
 
You may want to consult with a private attorney to get help with your CRSC package.
 
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