NEED HELP!

A

acoolusername

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I got a rating back of 0 percent with severance pay, for my back which was my unfitting condition. I was happy with the unfit decision but I was not happy with the 0 percent of course. So my attorney that I got ahold of to fight this tells me that I need to request a Formal Board, although she says that the Formal Board is just for trying to fight and see if I can get a fit result. So I say that I do not want to get a Fit result back but she tells me that she is just telling me to request a formal board to buy time so she can get all my medical documents and another ROM done, then WAIVE the Formal Board and do a VA recon. So I'm hesitant but say okay and do it.
But now that I'm in it my PEBLO tells me that I need to get started on my Orders for the TDY for the Formal Board and I say well actually I will be requesting a Waiver on Mon and she tells me well, "the Waivers usually don't go through and you usually have to go anyways, I have only seen one waiver actually work" So I tried to call my attorney and she is gone for the weekend and now I'm freaking out! Am I actually going to have to go through with this Formal Board when I was happy with this unfit decision in the first place or is this waiver going to go through? Any help would be appreciated..
 
Your argument can still be for the unfit, or for adding something else as unfit, I do not ever recall you posting your c/p exam results, or such off the top of my head. additionally once you get there the lawyer can stop the board.
 
TSgt Twitch said:
Your argument can still be for the unfit, or for adding something else as unfit, I do not ever recall you posting your c/p exam results, or such off the top of my head. additionally once you get there the lawyer can stop the board.
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Thank you for your reply. What do you mean the c&p results? Also you are saying that the Air Force would actually waste money and time sending me to Texas for the Formal Board just to end up waiving it anyway..that seems dumb on their part. It wouldn't surprise me though... Is my attorney wrong in the fact that you can actually change your percentage in the Formal Board as well because she said the Formal Board was just for Fit and Unfit decisions.
 
acoolusername said:
Thank you for your reply. What do you mean the c&p results? Also you are saying that the Air Force would actually waste money and time sending me to Texas for the Formal Board just to end up waiving it anyway..that seems dumb on their part. It wouldn't surprise me though... Is my attorney wrong in the fact that you can actually change your percentage in the Formal Board as well because she said the Formal Board was just for Fit and Unfit decisions.
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fit unfit PER LINE ITEM, so yes your percentage can change for DoD via the formal board. YOU have request different conditions be added as unfit if you have evidence for them. Additionally, in order to request a VARR on a condition it has to be unfit, so you could ask for other conditions to be added as unfit and the VARR. Do you know what your C/P exam (the one done by the VA said about your ROM measurements? do you have evidence to support missed days of work due to your condition? could you get buddy letters ( supervisor, friends etc) to state how many days a month you miss due to your back conditions? (bes rest) etc.? Those are not absolute evidence, but they do help.
 
PEBLO is wrong- waivers for formals or withdrawing request for Formal are routinely granted.
 
TSgt Twitch said:
fit unfit PER LINE ITEM, so yes your percentage can change for DoD via the formal board. YOU have request different conditions be added as unfit if you have evidence for them. Additionally, in order to request a VARR on a condition it has to be unfit, so you could ask for other conditions to be added as unfit and the VARR. Do you know what your C/P exam (the one done by the VA said about your ROM measurements? do you have evidence to support missed days of work due to your condition? could you get buddy letters ( supervisor, friends etc) to state how many days a month you miss due to your back conditions? (bes rest) etc.? Those are not absolute evidence, but they do help.
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The c&p exam that I had originally done was a joke, that was why I had another ROM done because the VA doc had a big attitude problem and already had complaints done on him. I don't really have anything missed at my work or anything new besides that and that's why I didn't want to do a formal board in the first place..
 
If it makes you feel better I am scrambling trying to get a bunch of records together and separated/highlighted etc. to prep for my formal and VARR, because the VA messed up some major items, and a couple small ones. I just wish that everybody did not save documents as multi page TIFF documents blarrrrgh.
 
Hey TSgt, try the snipping tool, it is on most computers, it will let you clip out what you want and then paste it elsewhere.
 
Walker said:
Hey TSgt, try the snipping tool, it is on most computers, it will let you clip out what you want and then paste it elsewhere.
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Thanks, just using tiff splitter, but 17+ years of medical records and in the last 7 about 11 different doctors and 8+ surgeries on 3 different continents is tough to wrangle, spent the last 6 hours just splitting the files and deleting duplicates, almost done with that, then tomorrow its gonne be actually printing each page I need.
 
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