Upcoming formal hearing

Gunny51/69

Gunny51/69

PEB Forum Regular Member
Registered Member
Hello,

So I've gone through the informal hearing and was given ratings of 20/70 unfit, sep w/o benefits with severance pay. I've opted to request a formal
Hearing that will take place later this month.

Background: 14 years 10 months AD Marine Corps infantry. Initial injury during BN hump in '04 diagnosed as muscle strain, then again in '06 (MRI showed DDD) Played the hard ass game for the next 8 years and in 2014 hurniated my L-5/S-1 to the point I couldn't feel my legs or walk for 9 days. Corrective surgery (micro-discectomy) in Jan 2015 come to find out from MRI, EMG I have a herniated disc in my neck, multiple compressed/bulging/hurniated discs in my thoracic spine and still the same problem due to scar tissue in my lumbar spine. I've been prescribed a cane to assist with my balance due to numbness in my left leg a back brace and a bed.

Treatment: PT, traction, swimming, pills, injections, RFA, Cyro (made it worse), surgery, TENS/IF/A-stim, cane, back brace, bed, Also seeing the wizard for depression. My EAS is 1 March 2017 and I have 73 days of leave to use and 20 days non consecutive PTAD available.

Conditions: DDD lumbar spine 20% (back pain)
Lumbar radiculopathy 10% (VA Only)

Need some knowledge before attending the formal hearing at the Navy yard in Washington, DC

Thanks S/F Shaun
 
Sounds like we're in much the same boat. I don't have the same amount of service time, only 10 years, but a lot of the same physical ailments. I didn't want to be removed from flight status so I never mentioned the ever growing tingling in my legs. Finally it got so bad I had to cry uncle as I felt I was putting my crew and pax in danger.

My FPEB is scheduled for next Weds, but supposedly my counsel is routing a "reconsideration request" prior to me actually coming up there.

My advice would be to bring as much evidence with you as you can, both new and old. Once the FPEB convenes, the findings of the IPEB are null and void. While they consider the findings of the IPEB, I'm not sure what the rules are for the discovery of evidence are for the FPEB, ie; do they have to meet a certain burden of proof.

I had my neurosurgeon write a memorandum to the board specifically directing them to the unfitting conditions that they failed to rate or even consider (as indicated by the workflow card that my counselor provided me). Additionally, I had my CO update my NMA that was over 10 months old to show there has been no change. Finally, you can have people that know you and have observed you write letters on your behalf indicating the extent of your limitations with respect to the ability to work, etc.

Good luck. I'm looking forward to looking these people in the eyes and showing them that I'm not just another piece of paper, but a combat veteran who is a real person with real problems and limitations.
 
True story, I just want to be rated correctly. The VA dude that measured my forward flexion just slapped a 45 degrees on the paper. I know for a fact I can't bent that much. Had my ROM re-measured and I have to say, nowhere near 45. More like 8. Keep me updated on how it goes at the FBEP A-5_Guy. Mine is on 27 oct.
 
You should be in contact with the JAG by now. Provide anything he asks for ASAP via email or fax. Make the evidence speak for itself and the board might stipulate with you.

"We agree to make condition X and condition Y unfitting if you agree condition Z is fitting or CAT II."

For some reason, I was lucky enough to have this happen. Overwhelming, continuing treatment, & current evidence, helped I suspect. I also did a VARR following the FPEB. Having two more conditions added drastically improved my DOD ratings, see timeline. Having letters (witness statements) written probably helped too.

I suspect you want to add "Lumbar radiculopathy 10% (VA Only)" to Unfitting? This is a logical argument.

Any ratings for your thoracic spine?

Imagine trying to run a CFT with your own body weight on your shoulders with your issues. This could be an argument for adding more of the back as unfitting. The board seems to reasonably entertain reasonable requests.

The JAG should give you a decent run down on expectations if he/she knows who the board members are the day prior when you meet in person at the WNY.
 
Today is 30 November 2016. My lawyer emailed me to tell me the VARR has been submitted today. She states I will take a couple of months to come back. Start the clock!
 
Got results back from the VARR submitted. Came back on 4 Jan. Oringinal findings from IPEB (20/70) sep w/severance w/o benefits, FPEB (30/70) Med retire PDRL, VARR (50/90)Med retire PDRL.
 
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