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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Sorry about the late response... I am going to the formal board to see if I can be retained.
 
I spoke with my new CC and he doesn't seem very helpful. I told my CC and 1st Shirt that I plan on going to the formal board and he warned me that if I went that the formal board can reduce my current rating " I now some people who wen to the formal board with 20% and came back with 10%". Is there any truth to this?
 
KaySweet said:
I spoke with my new CC and he doesn't seem very helpful. I told my CC and 1st Shirt that I plan on going to the formal board and he warned me that if I went that the formal board can reduce my current rating " I now some people who wen to the formal board with 20% and came back with 10%". Is there any truth to this?
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If you're arguing fit for duty you need a strong case showing no interference with your job. If you're arguing for retirement, 30% or greater, you need to prove how your conditions impact work.

0-20% is severance; doesn't cause a change in compensation. If anything a reduced rating from 20% to 10 or 0 would be better (for severance purposes) so you have less compensation reduced monthly as you pay it back or don't have to pay it back at all.
 
Thanks for your response. The thing is it doesn't interfere with my job. I am just on a C2 code and a no running profile for now. In my Commander's letter it states that it doesn't affect my primary duties in my AFSC. The thing my Shirt brought up was that I can go and meet the formal board and still be separated and take the chance of them reducing the current percentage that I have. I asked this earlier in thread and was told that they cannot reduce my current percentage. I am trying to get clarification.
 
KaySweet said:
Thanks for your response. The thing is it doesn't interfere with my job. I am just on a C2 code and a no running profile for now. In my Commander's letter it states that it doesn't affect my primary duties in my AFSC. The thing my Shirt brought up was that I can go and meet the formal board and still be separated and take the chance of them reducing the current percentage that I have. I asked this earlier in thread and was told that they cannot reduce my current percentage. I am trying to get clarification.
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The VA is responsible for your rating. The PEB applies that rating to your unfit condition. You would either have to do a request for reconsideration and then your VA rating could change (up or down) or argue at the FPEB that your medical condition rated 20% isn't unfitting. If it was no longer unfitting it would have no impact on your PEB %. Your PEB % would change because their was no longer that unfitting condition, but your VA percentage for that condition would remain. Therefore if they still found you unfit at 0% for something else, you would be separated with severance, but not have to pay it back and would still have 20% from VA for that condition.
 
I go to Texas in the next couple of weeks to appear before a PEB board. Is there anything that I should be aware of before I go? I have been trying to find a list of bases that a service member with asthma can PCS and deploy to, but I haven't had any luck.
 
There wouldn't be a list of places that someone with asthma can't serve in the U.S. In the Army your asthma disability will be rated "fit" or "unfit" based on your ability to complete the APFT.

After that question, your percentage will be based typically by the FAV1 on the pulmonary function test. But there are some exceptions (like my case), I take three different inhalers, and my last FAV1 was 86% of expected (vs 52% when I was diagnosed), but I was rated 30% because of my daily meds.

Check the VA's rating schedule and see how it applies to you, and being your medications with you.
 
I just wanted to provide a quick update and thank everyone on this site for all of their help. This site is not just a source with a wealth of information but it is also extremely supportive and for that I will be forever thankful. Now to the update: I am being medically retired, I took the advice and submitted a one time reconsideration after my FPEB. The MEB/PEB is extremely stressful and I could not "see straight" for the life of me but because of this site I can finally see a light at the end of the tunnel. Thank you :D
 
KaySweet said:
I just wanted to provide a quick update and thank everyone on this site for all of their help. This site is not just a source with a wealth of information but it is also extremely supportive and for that I will be forever thankful. Now to the update: I am being medically retired, I took the advice and submitted a one time reconsideration after my FPEB. The MEB/PEB is extremely stressful and I could not "see straight" for the life of me but because of this site I can finally see a light at the end of the tunnel. Thank you :D
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That's great!!! :) Congratulations on a battle well fought...and won!
 
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