Formal PEB 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
 
Gunny
Do you have an attorney? What conditions were found fit? What conditions were found fit? What were the rating of each of the conditions? Have you reviewed the DBQs for accuracy? How do the VA rating compare to what you rightly think you should have received based on the CFR? If you can't answer these questions you need the help of an attorney ASAP!
 
DDD was found unfit 20%.
Radiculopathy was not rated by DOD as unfitting but as a cat II at 10%.

My cervical and thoracic spine are an addendum to my Med board and have not yet been rated by the VA.

I have sent every medical document in reguards to care (Naval and Civilian) to my OJAG attorney through ARMDEC, she has confirmed receipt of said docs.
 
Still waiting on FPEB results. FPEB said they couldn't include my cervical spine because it has not been rated by the VA even though I had a new ROM, addendum, and CNO signature. Apparently they forgot to tell me to send it to the VA before my FPEB hearing.
 
Gunny51/69 said:
Still waiting on FPEB results. FPEB said they couldn't include my cervical spine because it has not been rated by the VA even though I had a new ROM, addendum, and CNO signature. Apparently they forgot to tell me to send it to the VA before my FPEB hearing.
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My Left leg was deemed unfitting at the FPEB, so the FPEB deferred the DOD ratings as TBD, until the VA rated it.

I hope your FPEB gives the results you want, but possible room for a PFR if needed IMO.
 
Camp P Marine said:
My Left leg was deemed unfitting at the FPEB, so the FPEB deferred the DOD ratings as TBD, until the VA rated it.

I hope your FPEB gives the results you want, but possible room for a PFR if needed IMO.
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Got my FPEB back Monday morning.
30% DOD.
Low Back Pain DDD (stable) 20%, Lumbar Radiculopathy (Stable) 10%.
Both Cat 1 unfitting. Approved Permanent Disabled Retirement List.

Feeling pretty stoked after a very long process. (Oct 2015-Nov 2016).
 
Congrats! Hope mine goes similar direction (maybe not fpeb )
 
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!
 
Gunny51/69 said:
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!
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I got the same line, 3 weeks later the EAS posted.
 
Gunny51/69 said:
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!
Click to expand...
So I looked on MOL this morning and my EAS has been 9'd out
 
Gunny51/69 said:
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!
Click to expand...

So it took a month and 4 days to process the VARR. PEBLO emailed me yesterday. The VA bumped my back from 20% to 40%, and my left leg radiculopathy from 10% to 20% for an combined DOD rating of 50%.
 
Gunny51/69 said:
So it took a month and 4 days to process the VARR. PEBLO emailed me yesterday. The VA bumped my back from 20% to 40%, and my left leg radiculopathy from 10% to 20% for an combined DOD rating of 50%.
Click to expand...
Congratulations! Enjoy your retirement.
 
Checked with the VA after the PEBLO gave me the results of the VARR. New ratings 50% DOD 90% VA.
 
I have been doing a lot of research on here and seems like if you don't get the rating you want its best to fight it. I just started my Med board beginning of this month so I know I have a long way to go. I had a spinal fusion on L4-L5, L-5-S-1 with two rods, five screws and two fake discs put in. I also have the nerve issue not sure the fancy name. I also have little range of motion. I'm just nervous about getting a low rating because of the way it is done. What are your takes on my situation. I will most likely be found unfit because my rate is military police.
 
longfellow84 said:
I have been doing a lot of research on here and seems like if you don't get the rating you want its best to fight it. I just started my Med board beginning of this month so I know I have a long way to go. I had a spinal fusion on L4-L5, L-5-S-1 with two rods, five screws and two fake discs put in. I also have the nerve issue not sure the fancy name. I also have little range of motion. I'm just nervous about getting a low rating because of the way it is done. What are your takes on my situation. I will most likely be found unfit because my rate is military police.
Click to expand...

Honestly, they could care less what type of operations you've had. It is rated by ROM. 30 degrees or less is 40%, 31-60 degrees 20%, 61-F-ROM 10%.

Use this site and type in the disabilities you have.
http://www.militarydisabilitymadeeasy.com/originalvasrd1.html

The nerve condition I have is called lumbar radiculopathy (sciatica).
 
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