What do I do now?

I am on the verge of tears. My results came back yesterday, I rated at 20% and severance pay. My primary diagnosis is moderate persistent asthma, my secondary was lower back pain. The 20% was for the back pain and I was rated at 0% for asthma. I have a 11 years in and a really wanted to continue and serve 20 years. I have never heard of a member being returned to duty after IPEB decided to separate them (this is after the formal board). I don't know if I should fight to stay in or to fight to get my asthma rated which I am surprised I got nothing for. I am on Advair 230/150 twice a day, a rescue inhaler, allergy shots and Xolair. I am profile for no running because the Dr. off base wouldn't release me from my profile because my PCM never put me on the recommended medication. I have so many questions and this is stressing me out to no end.

Question:

1) According to the pamphlet I cannot contest the rating I was given by the military, is this true?
2) Can I fight to stay in and try to get compensated for my asthma by the military? Or is it an either or situation.
3) I get can get legal representation for free. I just question, how much effort a lawyer provided for free would put in when they probably have 4 other service members as clients?

Please help!
 
Click to expand...
KaySweet said:
I am on the verge of tears. My results came back yesterday, I rated at 20% and severance pay. My primary diagnosis is moderate persistent asthma, my secondary was lower back pain. The 20% was for the back pain and I was rated at 0% for asthma. I have a 11 years in and a really wanted to continue and serve 20 years. I have never heard of a member being returned to duty after IPEB decided to separate them (this is after the formal board). I don't know if I should fight to stay in or to fight to get my asthma rated which I am surprised I got nothing for. I am on Advair 230/150 twice a day, a rescue inhaler, allergy shots and Xolair. I am profile for no running because the Dr. off base wouldn't release me from my profile because my PCM never put me on the recommended medication. I have so many questions and this is stressing me out to no end.

Question:

1) According to the pamphlet I cannot contest the rating I was given by the military, is this true?
2) Can I fight to stay in and try to get compensated for my asthma by the military? Or is it an either or situation.
3) I get can get legal representation for free. I just question, how much effort a lawyer provided for free would put in when they probably have 4 other service members as clients?

Please help!
Click to expand...
1) the military rating is what the VA rated you for this condition. you would have to try and do a VA reconsideration for your ratings.
2) Unless you are in a shortage MOS you will not be able to fight to stay in. The Stipulations are: shortage MOS, 15+yrs
3) check with your local Service orgs: DAV VFW etc...
 
No, they didn't from what I have read. Which is weird because that was the driving force behind all of this. My PCM was saying that my asthma got worst. My back was something secondary and was requested to be added to the report that was sent up by DPAM.
 
The 0% is what I am confused about. I know someone who just two years ago in my same career field at the my base and got 10% wasn't on a profile and only had a rescue inhaler.
 
I am not too sure on the asthma being rate 0% most of the time because there are individuals who have posted on here that have gotten compensated. I did my research just to see what the likelihood of me staying in when I first found out and some where returned to duty and the rest some type of compensation. I did not asthma when I came in or growing up as child. It is something that has developed since being in.
 
I was lead to believe your asthma rating was determine mostl part by the medications your taking. And taking Advair twice daily even tho its not the highest dose should at least have some type of rating.
 
6602 Asthma, bronchial:

FEV-1 less than 40-percent predicted, or; FEV-1/FVC less than
40 percent, or; more than one attack per week with episodes of
respiratory failure, or; requires daily use of systemic (oral or
parenteral) high dose corticosteroids or immuno-suppressive
medications....................................................................................................... 100
FEV-1 of 40- to 55-percent predicted, or; FEV-1/FVC of 40 to 55
percent, or; at least monthly visits to a physician for required
care of exacerbations, or; intermittent (at least three per year)
courses of systemic (oral or parenteral) corticosteroids...................................... 60
FEV-1 of 56- to 70-percent predicted, or; FEV-1/FVC of 56 to 70
percent, or; daily inhalational or oral bronchodilator therapy,
or; inhalational anti-inflammatory medication.................................................... 30
FEV-1 of 71- to 80-percent predicted, or; FEV-1/FVC of 71 to 80
percent, or; intermittent inhalational or oral bronchodilator therapy.................. 10

Note: In the absence of clinical findings of asthma at time of examination, a verified history of asthmatic attacks must be of record.

_________________________________________________________________________

If you are using Advair, which is an inhaled corticosteroid (anti-inflammatory) of any dosage, you should be rated at 30% (assuming your FEV's don't bump you to higher categories). Additionally, if you use the rescue inhaler (oral bronchodilator) daily, this further warrants the 30% rating. If I were you, I would request a one time reconsideration by the VA.
The military will not retain you and compensate you for the asthma. If it is determined that the asthma impedes the mission, or your ability to accomplish it (i.e. deploy, PT test, do your job, etc.), then they will separate you via severance (if you can't get your ratings bumped up to at least 30%), or retire you (if you can get your ratings bumped up to 30%+). Good luck, don't give up...it looks like you can win this one on the ratings.
 
bpark84 said:
so the anti-inflamatory medication should entitle at least 30% right?
Click to expand...

Correct. That's the nice thing about having the VASRD and the regs that state that the VA and the DoD must abide by it. It leaves no grey area in this case, which makes this situation kind of confusing. Often times, the VA/DoD will search your records and pull your pharmacy notes to ensure that you are, in fact getting the meds refilled...this is how they determine that you are using the meds. As long as that is happening in this situation, then it should be an easy rate.:confused:
 
USAF Aviator...you read my mind. i was just reading your post about this. Correction I am on Advair 230/21, which I believe is the highest dose. What do you mean regarding a higher category? Sorry, if this is a dumb question. Prior to my a few weeks ago, I took a metho challenge for the first time. The test was stopped by the 2nd vile. I was at 14% the first vile and 38% the second vile. My allergist requested that I get full PFT done and it came back saying that the rescue inhaler does not provide the requires relief and that it is not working for me. Which is horrible news for someone who is trying to stay in.
 
KaySweet I know that you want to stay in but if thats not possible I would press the issue for the 30% thats medical retirement.
 
I don't want them to keep me and compensate me. I guess what I am asking is, is it worth fighting to stay in since they have already decided to separate me? They are saying my back is the disqualifying factor but my back doesn't limit my work? or is it there no chance on them overturning there decision and fight for the 30% that I should be receiving and try to be medically retired?
 
I completely understand bpark it is just a really hard pill to swallow when I have 9 years left. I can at least make Senior in that, I was shooting for Chief. I just wanted to the reality of them keeping me in, there are people who have worst back problems that decided to keep and they are under 15 years. I guess this is one of those situations, where you plan your future, you know where you see yourself in the next 9-10 years and all your plans just seem to crumbling down around you.
 
How close are you to the 12 year mark? They have to retire you at the greater of disability percentage or longevity. If you hit 12 years you will have hit 30% under longevity.

I was rated at 50% Army and 70% VA, but went to the FPEB to fight because I had developed new injuries and wanted them rated. I also had injuries sustained in theatre that they had not listed as 10AC for combat special compensation. I was not worried about them trying to reduce my percentages because I had twelve years for longevity. So I fought and won; still waiting on my new percentages.

The military lawyers here at JBLM are decent. When you meet with an attorney, take in your medical records showing the severity of your asthma. The thing to remember is that no one is going to look through records unless you bring them to them. Once you give them the evidence you need, its no problem getting them to draft the memorandum requesting a VA reconsideration. If the VA increases your rating, the PEB has to increase your rating. PEB does not assign percentages, they just determine whether or not the condition is failing.

Is your asthma listed as a failing condition?

Do you have any pain or numbness radiating down your legs? If so have an EMG/Nerve conduction study done. A confirmed radiculopathy can add at least 10% to your rating for the lower back.
 
If feel so passionate about staying I would give a shot if I was you. It will be worth a shot and if that doesnt work and they still determine you unfit just make sure you are compensated appropriately.
 
I just read the post about refills. I get all my refills at one time. When those are done. I have to go to the doctor see them and get a whole new prescription in putted. They would see the new prescriptions every 90 days or so and the changes in the medication.
 
You must log in or register to reply here.
Top