What do I do now?

I am on the verge of tears. My results came back yesterday, I rated at 20% and severance pay. My primary diagnosis is moderate persistent asthma, my secondary was lower back pain. The 20% was for the back pain and I was rated at 0% for asthma. I have a 11 years in and a really wanted to continue and serve 20 years. I have never heard of a member being returned to duty after IPEB decided to separate them (this is after the formal board). I don't know if I should fight to stay in or to fight to get my asthma rated which I am surprised I got nothing for. I am on Advair 230/150 twice a day, a rescue inhaler, allergy shots and Xolair. I am profile for no running because the Dr. off base wouldn't release me from my profile because my PCM never put me on the recommended medication. I have so many questions and this is stressing me out to no end.

Question:

1) According to the pamphlet I cannot contest the rating I was given by the military, is this true?
2) Can I fight to stay in and try to get compensated for my asthma by the military? Or is it an either or situation.
3) I get can get legal representation for free. I just question, how much effort a lawyer provided for free would put in when they probably have 4 other service members as clients?

Please help!
 
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pittpan2005 said:
Robert. The only way retirement is guaranteed is if you are approved for TERA or other early retirement, 20+ years, or receive a 30% or greater rating from the PEB(Chapter 61 retiree). I understand what you getting at with LOS vs. DoD%, but understand if you aren't "retired," you receive severance. LOS doesn't guarantee a % from the PEB, it is used for pay computation. You receive the higher of the two (LOS or PEB%) if retired.......
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All I know, is that my attorney told me is that with my 12 years of service and a failing condition, they could not take me beneath 30% because of longevity; and I would keep retirement benefits regardless. However, this would not be the first time that someone gave me erroneous information.
 
KaySweet said:
Am I suppose to do a one-time consideration or a formal board. You can't do both, can you?
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Yes you can do both I did. I've known several people that have filed for both and then declined the FPEB appearence after the new percentages came back from the VA; the PEB adjusted their percentages based on what came back from the VA and the soldiers were happy with the new ratings.

Honestly, that was what I was planning on doing; figured I would fight over the 10AC rating after I got out; but I was assigned an FPEB date before my reconsideration came back. Looks like it worked out better for me this way.

All I'm waiting on now is the VA reconsideration to come back. I'm guessing it might take awhile; I had my last NCS/EMG done two days before the FPEB, so even though the left L5 radiculopathy is now listed via the PEB, it was not part of my VA reconsideration packet I had sent up. I have no idea how that is going to work out. May end up having to ETS and file for it once I'm out.
 
Robert Albright said:
All I know, is that my attorney told me is that with my 12 years of service and a failing condition, they could not take me beneath 30% because of longevity; and I would keep retirement benefits regardless. However, this would not be the first time that someone gave me erroneous information.
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And if she was wrong; I'm glad I didn't know. I was really relaxed at the FPEB because I felt like I had nothing to lose and everything to gain.
 
Robert Albright said:
And if she was wrong; I'm glad I didn't know. I was really relaxed at the FPEB because I felt like I had nothing to lose and everything to gain.
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I assume what she was trying to explain was pay computation; longevity vs. PEB%. I just want to clarify it for the thread so others don't rely on wrong info. It's precisely situations like this we all learn from. If someone doesn't fall into a retirement category for years of service; ie TERA, 20+, etc. they must receive 30% or more from the PEB to be eligible. Someone can have 19 years in and receive a rating of 20% and not be retired. They would receive severance.

10 USC Chapter 61 explains
http://uscode.house.gov/download/pls/10C61.txt
 
pittpan2005 said:
I assume what she was trying to explain was pay computation; longevity vs. PEB%. I just want to clarify it for the thread so others don't rely on wrong info. It's precisely situations like this we all learn from. If someone doesn't fall into a retirement category for years of service; ie TERA, 20+, etc. they must receive 30% or more from the PEB to be eligible. Someone can have 19 years in and receive a rating of 20% and not be retired. They would receive severance.

10 USC Chapter 61 explains
http://uscode.house.gov/download/pls/10C61.txt
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She did not explain anything; I presented her with the question and she confirmed that I was right. It does not surprise me that her answer now appears to have been incorrect. She may have been replying, with the presumption, that with the severity of my failing conditions, I would receive at least thirty percent even if things went wrong; however, thats not how she presented the answer.

During this entire process everyone from PEBLOS and on have given me erroneous info. When my numbers first came back, my PEBLO tried to tell me that I would receive concurrent receipt; and claimed there was no reason to persue CRSC.
 
Thank you all sooooo much for all your advice. I will definitely keep you all up to date. I have gotten in contact with the Airmen's Counsel and I am going to apply for both (FPEB and VA re-consideration). I really want to stay in but I don't think I can take anymore rejection and disappointment.
 
I am still not clear on your situation.

Did the PEB find the asthma unfitting?

Did the VA rate the asthma for VA purposes?

Regardless, ask for a formal PEB and a VA reconsideration.

Mike
 
This is what my AF Form 356 says:

Category 1- Unfitting conditions which are commendable and ratable:
1.Lumbar strain. 20
2. Moderate Persistent Asthma. 0


Sorry for any confusion
 
You better request a military lawyer. If the VA did your rating, then you can request a rating reconsideration for the asthma though the PEB. Then you need serious consultation about the risk of trying to be found fit versus taking a retirement. You would need to provide a letter from a doctor saying that your back is fine before the PEB can take your request to be found fit seriously. If risk for re-injury is high, then you still might be found unfit even if you feel fine now. And your asthma must be in good control, too.
 
Pebble,

I am requesting a consultation on the very matter you addressed.
 
Mike,

What exactly do you think I would need to provide as evidence?
 
6602 Asthma, bronchial:

FEV-1 less than 40-percent predicted, or; FEV-1/FVC less than
40 percent, or; more than one attack per week with episodes of
respiratory failure, or; requires daily use of systemic (oral or
parenteral) high dose corticosteroids or immuno-suppressive
medications....................................................................................................... 100
FEV-1 of 40- to 55-percent predicted, or; FEV-1/FVC of 40 to 55
percent, or; at least monthly visits to a physician for required
care of exacerbations, or; intermittent (at least three per year)
courses of systemic (oral or parenteral) corticosteroids..................................... 60
FEV-1 of 56- to 70-percent predicted, or; FEV-1/FVC of 56 to 70
percent, or; daily inhalational or oral bronchodilator therapy,
or; inhalational anti-inflammatory medication.................................................... 30
FEV-1 of 71- to 80-percent predicted, or; FEV-1/FVC of 71 to 80
percent, or; intermittent inhalational or oral bronchodilator therapy................. 10

Note: In the absence of clinical findings of asthma at time of examination, a verified history of asthmatic attacks must be of record.
 
You should submit evidence that demonstrates you meet the rating criteria posted above by pittpan2005.

Mike
 
Okay, just wanted to make sure there any other supporting documents that I needed.
 
KaySweet said:
I am on Advair 230/150 twice a day, a rescue inhaler
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From experience, this is all you would need to prove to warrant the 30% asthma rating. I was rated 60% on my asthma alone because I met the 30% because I use inhaled corticosteroids and rescue inhaler (like you), but I also had 6 events with oral systemic steroids (Prednisone) within one year, so I bumped up to the 60% rating (the regs only require 3 events in a year). Get a pharmacy printout, a copy of the actual prescriptions, or any document stating that you are taking the meds (they typically ask what meds you are on when you go to the doctor and list them on your paperwork for the visit). I think you should have no problem with this reconsideration.
 
Thanks for the information. I have had the vapor form of prednisone and the tablets.
 
I am being advised to wait until after my formal board to request a VA one-time reconsideration.
 
KaySweet said:
I am being advised to wait until after my formal board to request a VA one-time reconsideration.
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That doesn't make much sense...I would think that you would want the reconsideration done (and the VA rating probably increased) before you go to the FPEB. The FPEB won't change any of your ratings...all they do is change your conditions from one level to the next (thus possibly afecting fit vs unfit decisions). If I were you, I'd ask Jason what he thinks.

BTW: who is advising you to do this? If it is your PEBLO, they are probably advising it because a reconsideration will mean more effort/paperwork/time on their part...and they just want to rush you through.
 
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