FPEB Results

Skywalker

PEB Forum Regular Member
PEB Forum Veteran
Well, I flew to Lankland AFB for my formal board and was briefed tuesday morning with a small group of others. I was told they have a fair and just system now that they have a new Colonel and indicated it has not always been that way. In processed and Wednesday I met with what was called prep with my Major or my lawyer to go over my issues. I had been offered 40% from the informal board that went like this:

CATEGORY I - UNFITTING CONDITIONS WHICH ARE COMPENSABLE AND RETABLE:
1. Chronic Erosive Gastritis, affected by psychological factors (associated with stress-related physiological response) 30
2. Anxiety Disorder, Not Otherwise Specified 10/37 for a grand total of 40% which is exactly what the IPEB offered initially.

As well, since the original submission I had the multiple/rare leasions on my brian that came about and are are described several times within the medical documents as demylanating desease and are mutiple and is now submitted via an addendum. They did not want to put this demylanating desease down but I insisted for I have symtoms with the entire left side of my head going numb deep within to include buring and tingling and twitching in my right hand of the thumb/index and at times the middle finger. The docs did say they don't think its' MS but demylanating so this would be rated same as MS since there is no code on demylanating desease.

Here is the kicker... my lawyer sat down with me and his law book that showed the symptons for each condition and it of course has a percentage based off of the amount of systems you have of that particular item. Both the item #1 above was at 30 I clearly had medically documented and verifiable systems in the 60% colum and item #2 was clearly and verifiable at %30 and he agreed this should be good. He however, did not really want to pursue the demylanating desease but as it turned out... didn't matter for nothing was changed and by solid medical evidence my case was clear and there message was even more clear! You can fill in the rest! My stomach condition is multiple ulcers/full stomach reconstruction called a nissan fundoplication, completely missing valves from severe to chronic gastritis to include deep errosions with flame extensions and porbs & barrets.

My medical records did not even make it until after the fact so was not submitted. There was many strong enough words from my original NARSUM and the colored photo's I had originally provided to read about chronic condition but only received a mild rating. Going to the FORMAL board with truely not necessarily reveal what the law says you will get. I can only hope that with the DAV whom has already recorded for me that I have demylanating desease alone with a long long list of other serious conditions that the VA will take care of me in hopes I get the leasions diagnosed and particular type treatment started to stop the onset of demylanation if possible.

Thanks for the listen and best of luck to each of you. I'll be out of the gagle soon enough. Skywalker
 
Skywalker,

I am sorry you didn't get the demyelinating disease rated. Thank you for describing your experiences, it may be helpful to others who wonder what the process is like.

Are you going to appeal further? Regardless, I wish you the best in retirement and hope that you keep us updated on how things go for you.
 
Jason, basically I was very disapointed and from the VA book that my lawyer showed me the chronic stomach issues should have been not 30% but 60% and met the criteria from my medical conditions and the anxeity and depression was at 10% and should have been at 30% and of course they made the same offer. I am not at all happy with the resultes and I initially filled out the paperwork for the appeal. Then when they indicated the appeal needed to be back to them by 21 Jul 08 and would take another 60 to 90 days I felt like my nerves would not take any more. I just want out in hopes I get a doctor to properly identify the demyelinating disease and offer proper treatment. The Army doctors have told me lat Dec that if I don't change my life style (meaning get out of the AF) my condition with my stomach would morph into cancer. Therefore, I walked without a request for an appeal. Can we, still pursue an appeal after the fact even though I signed saying I would not?

Skywalker,

I am sorry you didn't get the demyelinating disease rated. Thank you for describing your experiences, it may be helpful to others who wonder what the process is like.

Are you going to appeal further? Regardless, I wish you the best in retirement and hope that you keep us updated on how things go for you.
 
You may want to consider appealing through the Physical Disability Board of Review when they publish the regulations. Your other option would be the Board for Correction of Military Records. Finally, you may file a suit in Federal Court (probably the US Court of Federal Claims). It sounds like you have several viable issues.
 
Well, as we had spoke about representation before I went and thought it would be best to try to allow the system to work and in hopes I had a good military lawyer... I had a good lawyer. He quoted the exact reasons that my two initial ratings were to be raised by the VA Schedule of Rating Book (VASRD)? The demylanating desease was questionable due to the great job my PA did to ensure it was not diagnosed. I just listened to the tape and I swear it seemed hands down that it would be a possitive outcome for me. So, how much would it cost me to pursue now as we had discussed weeks ago Jason. Consider this as well and hope I have not killed the chance to still pursue this.... the day after the hearing I was so mixed up/confused/Distraught I 1st signed for an appeal. After an hr I went back and had the paper reaccomplished to not appeal. I felt like I just wanted the pain to stop and get out of it. Now I do want to discuss..... can I still make a go at this even though I signed paper not to appeal? I could even call tomorrow and asked again to change but I bet that will not fly, so can we pursue this anyways? I know I have a winning case and it should have not have revealed these results.

You may want to consider appealing through the Physical Disability Board of Review when they publish the regulations. Your other option would be the Board for Correction of Military Records. Finally, you may file a suit in Federal Court (probably the US Court of Federal Claims). It sounds like you have several viable issues.
 
I will call you tomorrow to answer any questions you may have.
 
Just wanted to clarify something. I had mentioned appealing through the Physical Disability Board of Review. This will not be an option for you as you will be retired. I didn't catch that in my earlier post. That board is only for those separated at less than 30%.
 
No worries... still got to paths to take! Do you still have my number?

Just wanted to clarify something. I had mentioned appealing through the Physical Disability Board of Review. This will not be an option for you as you will be retired. I didn't catch that in my earlier post. That board is only for those separated at less than 30%.
 
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