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Just Got Proposed Rating! Need Advice Fast!


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16 replies to this topic

#1 fiasco007

 
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Posted 26 July 2012 - 10:16 PM

I'm still active with 18 1/2 years time of service. I just recieved my MEB/VA decision a few minutes ago;

AF/DOD - 30% PERMANENT RETIRMENT (not marked as combat related)
VA - PROPOSED 90% (the % are in my sig block)

What do I do/what would you do? Do i fight this? I'm really happy with the 90%, but i am not over 20 years time in service so i dont think i will get concurrent reciept? Even with the full/permanent retirement, I sill wont collect both. Or will I?

I have 10 days to turn in the paper work, all suggestions and reccomendations are greatly appreciated. Thanks in advance.

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#2 carlie

 
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Posted 26 July 2012 - 11:25 PM

18 1/2 years - I'd sure as heck get my 20 in before a discharge !
JMHO

#3 Teac

 
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Posted 27 July 2012 - 12:09 AM

I don't know how many time you have left on your enlistment.. but You should fight them for more disability and try to make it too 20 at the same time.

Also if the va rates you 90% then the Military should too because they use the same rating guide. The military is low balling you.

Also looking at your disabilities none of them alone and even together look like thay prevent you from doing your job in combat.

I wonder why are you being offered a medical retirement? Did you have a profile that required you to be boarded?

Also you will not get retirement and va compensation unless you have 20 years. And you will not get combated related compensation since it doesn't appear any of your conditions are combat related.

Realy... you should fight your retirement and try to make it to 20 years.

the va compensation is going to be there no matter when you get out, but you really need to fight for the 20 year retirment,, if you don't you will wonder for the rest of your life if you did the right thing.

I was medically retired in 1986, I had just over 15 years and got 30%. Until a few years ago I did not get one penny of my Army retirement,

I now get it all as combant related compensation, but it doesn't look like you will get combat related. I got out and went to work for civil service and retired again using my Military time toward civil service retirment.

Today I am not rich, but I do better than a lot of people, and I don't really want for anything except I have always wondered if I should have fought harder to stay and complete 20 years.. I did fight for two years, but my enlistment wasn't up until 18 years and one month, and i should have at least fought until the end of my enlistment,.. I will forever regret my early retirement and you will too..

Don't let the military screw you and don't accept 30% when the va says you should be rated 90%.

#4 Berta

 
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Posted 27 July 2012 - 07:10 AM

If you did not sign and accept the lowball 30% MEB rating, then you have the right to appeal it.

Also here s the CRPD CRSC criteria:

http://www.dfas.mil/...ility/crsc.html

http://www.dfas.mil/...ility/crdp.html

We have links here to to PEBLO and MEB info and if you google How to appeal a MEB rating" you will find lots of info and the fact that you are not alone with this ludicrous rating.

I am a civilian but isn't there someone on base (such as JAG ) who is there to help with appeals of MEB decisions?

#5 Berta

 
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Posted 27 July 2012 - 07:14 AM

There might be help here:

http://www.pebforum....force-forum.63/

Cripes one guy at that forum had a rating run down that looked like potential TDIU and the AF gave him 20%!

This stuff needs action before you sign and turn in that form.

#6 Rob m

 
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Posted 27 July 2012 - 07:30 AM

You need to stall as long as possible. Take the maximum time on all appeals, request ect.. Maybe you can conviently lose the papers and request additional. Go on leave for awhile, report to sick call and get put on quarters.

I don't recall the exact reg, but there is something out there that states if you make it to 19 years, they cannot discharge you early (prior to 20 years)

Stall, do your homework and if all else fails, go talk to your commander, I believe most will accomodate you.

#7 Reddit

 
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Posted 27 July 2012 - 08:01 AM

YES, you need to try and make it to 20 years. Appeal it and try to retire at 20 years of service.

Plus, do you have a CPAP machine., if not sleep apnea with cpap machine will give you 50 percent, instead of thirty., and that might help you get to 100 percent from the va.

#8 Commander Bob

 
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Posted 27 July 2012 - 08:47 AM

I'm still active with 18 1/2 years time of service. I just recieved my MEB/VA decision a few minutes ago;

AF/DOD - 30% PERMANENT RETIRMENT (not marked as combat related)
VA - PROPOSED 90% (the % are in my sig block)

What do I do/what would you do? Do i fight this? I'm really happy with the 90%, but i am not over 20 years time in service so i dont think i will get concurrent reciept? Even with the full/permanent retirement, I sill wont collect both. Or will I?


You are so close. Career, "full/permanent retirement" will get you that CRDP.

Edited by Commander Bob, 27 July 2012 - 01:50 PM.


#9 justrluk

 
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Posted 27 July 2012 - 08:57 AM

Get your 20. By the time you finish fignting/appeals, you'll be even closer.

#10 mags1023

 
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Posted 27 July 2012 - 01:32 PM

Defiitely fight as hard as you can to extend your career to 20. You haven't replied on why they are medically retiring you?? You have no rating for depression/mood disorder. Is that what they are discharging you for? That should definitely be rated. If all else is failing, lawyer up and get your congressman involved!

#11 fiasco007

 
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Posted 27 July 2012 - 09:13 PM

Sorry for the lack of responses guys, I had to go out a tip back a couple of cool ones last night to celebrate. Anyway,

I originally herniated a disc back in 03, I was med boarded but returned to duty. About a year and a half ago, the problem fully returned. in 2010 I had surgery and was recovering, but hurt my back again. Long story short. I was on profile for a long time. So now here I am, med boarded again and trying to stretch out th next year and half.

The reason why the AF/DOD low balls people on the ratings, and why there rating is different from the VA, is because they only rate you for the unfitting/med boarded condition, and not your overall health. In my case, the VA rated my back as 20 & 10, and the AF uses this for their rating of 20/10 for an overall rating of 28, which = 30 when rounded.

#12 fiasco007

 
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Posted 27 July 2012 - 09:14 PM

So, if the military grants you a "permenant retirment" before 20, do you get concurrent reciept?

#13 rpowell01

 
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Posted 27 July 2012 - 09:46 PM

fiasco007,

Here is my story so maybe it will help you. I was given 20% for lower back and I accepted it. I didn't know my rights whenever all of this stuff was happening. I should have declined it because the MEB didn't even mention my cervical and thoracic spine issues. I didn't know better so its my fault. So, before you agree to it you need to make sure they have included everything on the MEB. And remember this any severance pay you get from all of this will be recouped by the VA, there is noway around it. If I were in your shoes I would decline the proposal but you better be on your toes as to why you are declining it. Do your homework and research. You have a legal right to see the guidelines so ask for them and see if they are "low balling" you. I was and I put all the blame on myself. As for the 18 1/2 years verses 20 that is something big to think about.

#14 Teac

 
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Posted 28 July 2012 - 02:31 PM

So, if the military grants you a "permenant retirment" before 20, do you get concurrent reciept?


NO!!!

#15 fiasco007

 
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Posted 28 July 2012 - 02:52 PM

Thanks for the help everybody. This has been a long and strenious process so far, and i'm only about half way through it. The good part, is that all the work I have done for the past several years in regards to getting all my medical issues documented appears to have paid off with the 90% rating. At least for now anyways.

I'm being told that appealing the AF rating will probably get me another 6 months, and then appealing the next decision/Sec of the AF will get me another 14 months give or take a couple here and there. I'm just going to appeal everything and ride it out.

#16 etcm

 
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Posted 21 August 2012 - 03:59 PM

NO!!!

I thought there were some early retirees (15+ years) that are drawing CRDP also?

#17 Sergent Emmons

 
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Posted 22 August 2012 - 04:45 AM

Appealing it is your best option - glad to see your going to do it,,you will just be on prifile while your in that process so life will be good.

I have went through that whole pocess and it's a pain but use the judge advocate system. they will right the letters for you as they did for me.

if your haveing issue with any doctor doing your examination use the umbuds man...caution here...the unbuds man is a very powerful induvidual in your process so use him/her with care and have your ducks in row..I used one and things happen swiftly and with vigor lol

you wwill not get concuurent reciept with out 20yrs or having it combat related...

every thing the VA rated should be on the MEB even if they say no rating or retainable! forght for that as will may need that in the future.

You are your own best advicate in this process and you have to be ready to stand your ground as no one else will fight for you.

the MEB process is an advisarial one and be prepared for them to tell you to just sign or that it's all you can get..they will say whatever to get the process over and you out of thier way.

Sgt Emmons Ret 80% Army 100% VA




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