Should I go to an FPEB? Please Help!

Royalnathy

Registered Member
#1
Hello all. I have been lurking for a long time and have learned a lot from all of you. I really appreciate that for sure. Now I need some more personal advice on whether or not I should go to a Formal PEB or just request Permanent Limited Duty (PLD). I just received my IPEB finding yesterday and have been awarded 10% DOD and 100% P&T (I believe) VA; separation with severance/without benefits.. I have attached the findings from my IPEB and had a few questions as follows.

1- Should my DOD ratings be higher? The IPEB found me unfit for a psoriatic arthritis leading to back pain. The actual condition listed is Lumbosacral Spine Degenerative Disk Disease (DDD) 10%, this is a condition that was on my PEB referral but not on my NARSUM. I know, not smart on my account and I will take that hit but If the DOD rated me for one DDD condition/psoriatic arthritis condition, shouldn't they rate me for all of them?

2- Should I pursue this at the Formal PEB? I want to make it to 20 years. Currently I am at 18 years and 9 months. However, I also don't want to take the chance just requesting PLD, waiving my right to a FPEB, then be denied only to be separated without retirement.

3- Should I request PLD? Clarification I plan to request PLD no matter what but should I just request PLD or should I go to a Formal PEB first and try to get my ratings to the retirement level. By my math counting all of my Arthritis/DDD/DJD conditions I am at 80% DOD. With just the psoriatic conditions I am at 50% DOD. Albeit the psoriatic arthritis is just my hands however, I believe that all of my arthritis/DDD/DJD conditions should have been considered because they were on my IPEB referral as referred conditions, even if they were not on my NARSUM.

4- What are my chances for PLD?

5- Am I P&T proposed on the VA side? I am 99% sure that I am as per the last page in the block at the bottom where it says "Basic Eligibility under 38 USC Ch 35" but just for my own sanity I wouldn't mind getting the input from those of us with more experience.

Sorry this is so long but thank you to all who are willing to put forth the time and effort required to help me out. @Jason Perry, @chaplaincharlie, @ anyone who is willing to take a stab at this, I could really use some advice and/or correction in my beliefs. If I am wrong then I am wrong and will deal with the consequences.
 

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Royalnathy

Registered Member
#3
Bumping this thread to hopefully gain more insight! Chaplaincharlie thank you very much for your reply! If anyone else can provide any insight I would really be very thankful. I have until Thursday to make a decision because Friday morning I have to go sign my "election of options".

The best attorney I can afford is the course of action that I am probably going to take. If I knew that the Navy would approve PLD then I wouldn't bother because it wouldn't matter. Then I would make it to 20 and retire. However taking that chance with nothing but severance to fall back on scares the daylights out of me.
 

Jason Perry

Benevolent Leader
Site Founder
Staff Member
PEB Forum Veteran
Registered Member
#4
Bumping this thread to hopefully gain more insight! Chaplaincharlie thank you very much for your reply! If anyone else can provide any insight I would really be very thankful. I have until Thursday to make a decision because Friday morning I have to go sign my "election of options".

The best attorney I can afford is the course of action that I am probably going to take. If I knew that the Navy would approve PLD then I wouldn't bother because it wouldn't matter. Then I would make it to 20 and retire. However taking that chance with nothing but severance to fall back on scares the daylights out of me.
Based on what I have seen in your posted document, I think you have a strong legal case for getting a retirement finding. That said, I also think it probable that the PEB won't do what is legally correct- rate you based on psoriatic arthritis overall, instead of breaking out only the back disability. It may be a knife fight and it may take some time, but, it is important to raise and fight all legal issues as early as possible.

BTW, I am not a fan of PLD arguments/applications. Current environment, I think the likelihood of getting that outcome is small, and the tradeoff in waiving arguments is not worth it.

Best of luck! I hope all goes well for you.
 

Royalnathy

Registered Member
#5
Thank you for your reply Mr. Perry. I don't understand why the PEB won't do what is legally correct. What a waste of time and taxpayer dollars it is. Not doing something right the first time and dragging out the process by months or even years. It does not make any sense. Alright, I am going to get my ammunition (get a lawyer, make sure I have all documentation, and prepare. Don't want to freak anyone out but I am an Aviation Ordnanceman by trade.) ready for the long haul.
 
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