Need help with AFBCMR fight

G

gfoulks

PEB Forum Regular Member
Registered Member
I wasn't sure where I put this question so if it should be moved to another forum please let me know.

I've been fighting for about seven years with the AFBCMR that my disability rating was done incorrectly. Multiple appeals were made and each time the response as to why my request has been declined has changed. There was once a statement in DoDI 1332.39 (which has since been rescinded) that said “[d]iagnosis alone is sufficient to justify the minimum rating” and “no rating lower than the ‘minimum’ may be used if the diagnosis is satisfactory established.”

Is there a new/current regulation after 2008 that has any similar language?
 
Rating percentage are now determined by the VA. The percentages are dictated the Code of Federal Regulations. They are found here:

Electronic Code of Federal Regulations (eCFR)

Electronic Code of Federal Regulations (eCFR) published by the Government Publishing Office
www.ecfr.gov


Given the length of you fight you may want to hire legal counsel.

Peblawyer.com
 
I do have a lawyer but maybe not the best lawyer for this job. Also if it maters I was sent to DES via the legacy rules before the IDES was implemented.

The issue I'm fighting right now is that the board says that the condition was found to be stable so that is why I didn't get the minimum rating. But the PEB found the condition to be unfitting. So if the condition is unfitting why wouldn't it warrant at least the minimum rating?
 
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