Help Formal Board or Not?

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BoilerMIke

PEB Forum Regular Member
Registered Member
I just received my disposition back from the board after a seven week wait. I'm an AF SF MSgt with 24 years of service. I was found unfit due to having a right hip Arthroplasty and recommended from Permanant Retirement. I was given a 30% rating which according to the VA scedule is the minimum rating for such procedure. However, as a direct result of the surgery, I developed a leg length discrepancy with my right leg now being an inch longer than my left. I now walk with a permanent limp and will have to wear inserts or have elevated soles to get back to equal height the rest of my life. Should I go to the formal board to fight this 30% rating or should I be content and deal with the VA on this issue? I really don't feel the leg lenght discrepancy was fairly addressed being a direct result from surgery.....

Right now I'm seriously considering going to the Formal Borad for an appeal. Thoughts??????
 
With 20 years or more of service, any unfitting condition will get you its rating OR your Retired base pay x your years of service x 2.5%. So, even though they found you 30% disabled, your actual pay would be 24
x 2.5%= 60%. (Fractions of years count for this, so your rate may be higher).

I don't see much downside to going to the formal (they can drop your percentage, but so long as you have an unfitting condition, you will get the 60%). If the evidence is clear, I might consider asking for an informal reconsideration. Was the lenght discrepancy noted on your NARSUM?
 
I'm not sure if it was mentioned on the NARSUM but I know for a fact it was included in the PAs summary. The evidence is exceptionally clear; spelled out it clearly in black and white. I'm just not sure if it's worth fighting the AF over. Maybe I should just deal with the VA on ths issue.

However at this point I feel 30% is a low rating considering the outcome of the surgery.
 
How extreme is the difference?

Here is the rating criteria:

5275 Bones, of the lower extremity, shortening of:

Over 4 inches (1 0.2 cms.) ............................................... 60
3-1/2 to 4 inches (8.9 cms. to 10.2 cms.) ......................... 50
3 to 3-1/2 inches (7.6 cms.to 8.9 cms.).............................. 40
2-1/2 to 3 inches (6.4 cms. to 7.6 cms.)............................. 30
2 to 2-1/2 inches (5.1 cms. to 6.4 cms.)............................. 20
1-1/4 to 2 inches (3.2 cms. to 5.1 cms.)............................ 10

Note: Measure both lower extremities from anterior superior spine of the ilium to the internal malleolus of the tibia. Not to be combined with other ratings for fracture or faulty union in the same extremity.

Because you will be eligible for CDRP, and will not have to offset your VA compensation, if you can do better than the 60% under the length of service calculation, it will be to your benefit to get a higher rating.
 
Jason,

Thanks for the updated information. My right leg was actually lengthened not shortened by a little over an inch. According to the AFI a leg length discrepeancy which causes an individual to walk with a permanent limp is disqualifying from continued service. I've decided to take a chance a go with the formal board. I can't see how it can hurt at this point especially since this condition was a direct result of the surgery and is very well documented. Again thanks for the info...... Mike
 
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