Found unfit at 18 yrs and 2 months.

I'm new to this forum, and joined to try and hopefully get some accurate advice. I'm at 18 years and 2 months and my initial determination just came back as Unfit. My referred condition was for my back, due to a spinal fusion, and although with all of my claims, the disability rating came out to 60%, my referred condition (back) only came out to 20%. From what I understand this would mean separation with pay since it's less than the minimum rating of 30% needed for a medical retirement. I plan to appeal at the Formal Board and if that fails, I'll appeal at the SECAF level. I would like to appeal so that I can stay in until 20 years. The Office of Airmans Counsel said I can apply for an Assignment Limitation Code which would allow me to stay in until 20 years, but no further. Does anybody have any knowledge or experience with getting an unfit determination this late in their career? Also, can I appeal the decision to assign a 20% rating to my back. I'm restricted to lifting no more that 50 lbs for the rest of my life which is bad enough, and can only touch my knees if I bend them. Any advice is greatly appreciated. Thank you.
 
I went through a MEB at 18 yrs. I appealed the unfit finding all the way to SAFPC. I was going to apply for LAS had I not been returned to duty, but I got returned to duty by SAFPC. I didn't want to chance LAS right off the bat because in the past they were denying people. But I heard through the grapevine through a very reliable source that they are approving LAS a whole lot more lately (turnover in leadership). Id say use all of your appeals even up to SAFPC. don't worry about the 20% right now because you want to make it to 20 yrs. Now if you use all of your appeals, get denied and apply for LAS, get denied then I would go fight for VARR to get that 20% reconsidered. Starting from when I was first notified of a full MEB to my appeal up to SAFPC to a full year. Just use your appeals, and take all the time signing your documents.
 
I went through a MEB at 18 yrs. I appealed the unfit finding all the way to SAFPC. I was going to apply for LAS had I not been returned to duty, but I got returned to duty by SAFPC. I didn't want to chance LAS right off the bat because in the past they were denying people. But I heard through the grapevine through a very reliable source that they are approving LAS a whole lot more lately (turnover in leadership). Id say use all of your appeals even up to SAFPC. don't worry about the 20% right now because you want to make it to 20 yrs. Now if you use all of your appeals, get denied and apply for LAS, get denied then I would go fight for VARR to get that 20% reconsidered. Starting from when I was first notified of a full MEB to my appeal up to SAFPC to a full year. Just use your appeals, and take all the time signing your documents.
Thank you, Fran0609. I greatly appreciate your feedback and advice. Keeping my fingers crossed.
 
Where do you get the results that its unfitting?
 
I went through a MEB at 18 yrs. I appealed the unfit finding all the way to SAFPC. I was going to apply for LAS had I not been returned to duty, but I got returned to duty by SAFPC. I didn't want to chance LAS right off the bat because in the past they were denying people. But I heard through the grapevine through a very reliable source that they are approving LAS a whole lot more lately (turnover in leadership). Id say use all of your appeals even up to SAFPC. don't worry about the 20% right now because you want to make it to 20 yrs. Now if you use all of your appeals, get denied and apply for LAS, get denied then I would go fight for VARR to get that 20% reconsidered. Starting from when I was first notified of a full MEB to my appeal up to SAFPC to a full year. Just use your appeals, and take all the time signing your documents.
Fran0609; My disposition and findings came in, and there was a slight adjustment to the ratings. My unfitting conditions of back was 20% and radiculopathy was 10%; combined percentage of 30%; but the letter from the VA says “ combined rating for service connected disabilities is 60%, and that they estimate my monthly VA compensation to be $1;189.13 That’s not much, and it seems as if I would make more by retiring at 20 years with 0% disability than medicaly retiring me at 18 years. Is $1,189 all I’m going to receive? Am I being retired at 30% or 60%? I really don’t understand the process very well. It also says they have proposed special monthly compensation entitlement at the K rate. That wasn’t discussed with me by my Pueblo at all. Any help by anybody is greatly appreciated.
 
My first step would be to ask the VA for a VARR on the back.
Second I would carefully compare my other VA rating against the MSD to see if any of my other conditions should have been found unfit.
 
My first step would be to ask the VA for a VARR on the back.
Second I would carefully compare my other VA rating against the MSD to see if any of my other conditions should have been found unfit.
Thank you, Chaplain Charlie
 
You are welcome. Hope it works out for you.
 
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