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Jason Perry
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  • Hey man, I was digging through some of the decade old stuff just now and am very impressed with the professional quality of your posts. I recently applied to the NDRB and was granted partial relief (OTH upgraded to General); however, the narrative reason remained misconduct. I petitioned in Feb of 2020 and received my decision last week.

    While this is an incredible accomplishment, I feel as if reapplying for further relief is warranted. Hopefully you wouldn't mind to weigh in?

    I served in USMC Infantry from 2008-2012 and deployed to Afghanistan twice. I sustained a TBI that is documented in my Admin Sep paperwork. I never received any negative counselings or page 11 entrys. I was discharged due to possession of spice. Nothing else or additional to that. Simple possession of spice. During the required screening (simple yes/no questionnaire performed by a Physician Assistant) for mitigating PTSD/TBI, I only answered yes to having headaches. At the time of my petition, I had been service connected by the VA for Combat PTSD at the 50% rate.

    My argument was that the discharge was inequitable because drug seeking behavior is a symptom of PTSD in the DSM-IV under the avoidance category. Additionally, the no answers were actually also evidence of my PTSD because they are also avoidant symptoms. This, in addition to the VA rating, is evidence that I did have a condition that mitigated the misconduct.

    The board gave their decision and stated that full relief is not warranted because they do not feel as if the severity of my symptoms completely mitigated the misconduct.

    During the time that I was waiting for their decision, I was reevaluated by the VA and my service connected issues now are:
    Combat PTSD 70%
    Traumatic Brain Injury 40%
    Migraine Headaches 50%
    Ulcerative Colitis Secondary to PTSD 30%
    Degenerative Lumbat Arthritis 20%
    Tinnitus 10%
    Left ear hearing loss 0%
    Bilateral Bunions 0%

    Considering all of the above do you think that I have a shot at making a compelling argument for full relief? I would think that this qualifies as new evidence that hasn't been previously considered.

    I also found that the USMC updated their Admin Sep order to state that those being discharged while having PTSD/TBI are supposed to have a mental health evaluation done by a qualifying provider. I obviously did not have this done. Would this stand to offer any sort of credible argument for upgrade? Perhaps an actual Psychiatrist might have been able to spot the signs of PTSD in me better than a PA who asked a short yes/no questionnaire.

    Thank you for your time.
    Hello Mr. Perry,
    I am currently being medically retired with no service connection. I was on Title 10 orders for more than 30 days and was deployed to Kuwait. I am a Guardsman and Civil Technician at my unit. I am being denied service connection based on EPTS. I am looking into 1207a "eight year rule" and everything I find on it says that i have 8 years active service. But there is so much room for interpretation. I can't find any case law aside from i case that was denied because the eight year rule didn't exist at the time of the SM's injury. Basically, what counts and what doesn't and how do I prove that the days count to my FSS office and my Lawyer? Thanks for your Time!
    Jason Perry
    Jason Perry

    I am sorry to hear of your health conditions and their impact on your military career.

    I don't have enough information about your case to provide much helpful input.

    Any kind of BS about the eight-year rule not applying is flat out wrong. It was written into statute/ Federal law as an act of Congress on Oct. 5, 1999, so unless your injury occurred before that date someone is lying to you.

    Mr. Perry,

    Thank you for your reply. The issue I am having with the "eight year rule" is proving what days of my service count. AT, IDT, ST, ADT... I have over 3000 points but getting anyone to help me figure out which ones count is the problem. Thanks.

    Trevor, if you are Air Force, try reading AFI 36-2910. It talks about the 8-year rule in more depth. Points don't matter towards it unfortunately. It has to be 8 years of title 10 federal service.
    Good Day Mr. Jason Perry,
    I have over 20 years in the National Guard and am a Title 32 Technician for 13 years. I like many other have sucked up the pain but it's at a point now that I had to report it. I am currently marked as MND and am going through the Med Board process. I have been told this can take a very long time. Is it possible to continue the MED Board and get out of the guard but stay in the Technician side until the Med process is completed? I have arthritis, Degenerative disease, Nerve damage, blown disk, bad knees, temporary paralysis, and hip issues. I believe they think I may have MS as they are requesting me to be seen by a neurologist because of some of the symptoms I have. I don't want to have to go to drills anymore as the 2 hour drive is painful for me and I have to make this same drive for my medical appointments. If I have to stay in do I have any options for not attending drill, as I don't get paid because I receive 90% from the VA?
    Thank you in advance for any assistance you can give to me, I'll be looking forward to your reply.
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    You should be on some form of profile (AF 469) to be going through the IDES process. You should bring this profile and the current status of the MED Board to your commander. He/She can allow for you to have excused drills. You could also just say screw it and not go to drill. Worst case, it is counted as a "bad year". The technician retirement aspect is a whole different animal, especially if that technician position requires military status.
    You seem very knowledgeable. I wanted to see if you could maybe answer a question for me. I got injured March of 2020 doing the deadline during a diagnostic ACFT. They never did imaging but I did do 4 months of physical therapy. After months of PT didn’t help I finally asked for the third time if they could do imaging. They did in Sept and found a wedge deformity with fragmentation and Schmorl nodes and I got sent for a MRI. It showed the “chronic” appearing wedge deformity, bulging disc with annular tear etc., and intervertebral discogenic disease. I tried a few other things that my PCM wanted and then was sent to pain management. The doctor there basically said my diagnosis was early age appropriate splondylosis. My PCM is discussing med board. If it’s considered age appropriate would I even get a DOD rating and do you think the wedge deformity went undetected due to them not doing images and now they are sweeping it under the rug?
    Dear Sir,

    I have a question on my case. May you give me an advice?

    I have joined Army for a year and 3 months, and got out on August 2014 under medically separation on DD214. I have gone through MEB process under VARR and got 10% DOD and 100% VA on Combined Medical Symptoms since September 2014. However, at that moment, I was under medical treatment and got serious medical conditions, so I did not know that DOD rating is too far different from VA rating. The end of this year 2020, I have discovered that I could get other unfitting symptoms to my DOD rating based on VARR during MEB process.

    Therefore, do I still have a chance to increase my DOD rating to get Medical Retirement?
    Please, give me an advice or instruction. I am looking forward to hearing from you. Thank you.

    In regards to the back; I realize that ROM coincides with a rating. In addition to ROM, is there an additional rating for pain; for example, could you get a 20% for ROM, and 10% for pain, giving a total of 30%?
    Jason Perry
    Jason Perry
    No, the pain should be included in the range of motion calculation if it contributes loss of any functional use of the joint. This is the heart of the Deluca case, that any factors such as pain, incoordination, lack of endurance, or weakness should be used in measuring range of motion. If there is no compensable loss of ROM, then pain can justify a 10% rating.

    May you help me in my case? I have tried very hard but I don't know how to start for my appeal. Please help me in my case. How can I reach you, sir? Please let me know.



    Can you explain the financial statement you made in my thread? Thank you!

    You have done a ton of good, and I apologize for any who have taken advantage of that. You have given so much free help via this site it is crazy. Keep being you, and hopefully those of us who feel the exhaustion, anxiety, and terrible dread feelings from the long waits and dismissals from the VA will use our extra energy and time to request changes via the appropriate routes, politicians. You do not deserve anyone's ire. If I ever need your services, I will retain you in the correct manner.
    My apologies if my comment in any way insinuated that you are not helping people @Jason Perry. This forum is a huge resource and has helped thousands of people. I have seen other people post on their walls asking for assistance that appeared to go unanswered so I wanted to make sure I set their expectations that if they truly want your service, they need to contact you directly via your website. I am nothing but appreciative and hope that those that are trying to take advantage of your kindness see your response here. Might be worth doing a pinned post with an update from the PEBFORUM Owner just so everyone is aware of how to properly contact you for your services.
    Hello @Jason Perry

    I just read the material that precedes my remarks. I am disappointed to learn (but not surprised) that some ungrateful veterans have criticized your contributions in helping other veterans. Thousands of veterans have benefited from your altruistic endeavors. The number of posts shown on the various pages do not begin to define how many have been helped There are likely at least 50 views that do not result in a question for every post made . I visited here for several years before I became a member.

    I mentioned that I was not surprised by the unwarranted criticism. I was once told, "You're a liar" on another board. Another veteran said, "I would shoot you" or words to that effect. I can only shake my head at those preposterous (in my opinion) notions and inclinations.

    I am confident most visitors and members sincerely appreciate what you do for veterans. Thank you sir. It has been a joy to participate under your leadership.

    Good morning, Mr. Perry. Any chance i could share my NMA with you to get your thoughts on it? ( will discuss in more details when in a more private setting). Thank you.
    Have a question for you. I am at the PEB stage and have199 but I have not signed and returned it yet. The PEB rated me at 50% but soon after that the VA raised my percent to 100% for my main cause of medical retirement. Being in the nation guard and have served 21 years should I do the VARR to get the 100%?
    Did you end up doing the VARR? If the VA changed the rating after they provided the information to the PEB (which is really jacked up), you have a very strong case.

    (awarded a CAB)diagnosed w. PTSD,depression, anxiety,panic disorder,social phobia,tremors, & idiopathic Hypersomnia. Had heat stroke & seizures (temporary profile) suicidal ideation on my record (admitted into the psych ward) want a MEB so I can leave with some compensation. new psych saying my CO might chapter me for being unfit since I’m not able to deploy.No P profile. Looking for guidance.
    Sir, I know this question has been posed before but it seems like the SECNAV 1850.4E is now 1850.4F and has been chopped down, my questions pertains to being an active duty Navy O-3 who is 2xFOS. I'm currenly undergoing medical treatment for the injury i've been referred to MEDBOARD for. Millington is telling me i have to have Assistant SECNAV approval to stay in past my statutory separation date. Is this correct?
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    or @Guardguy11 if you have any info that would be helpful as well. Thank you.
    I will send you a PM
    Jason Perry
    Jason Perry
    The Navy did a pivot and published a SECNAV Manual. I will post a copy/link shortly.
    Hello sir, I'm new to this website. I was wondering if you had any contact information to the BCNR to look up the pending status of a case? Like a email or phone number? Mine has been there for 1 year now (submitted in mid January 2019) and I'm still not seeing anything or hearing back yet.
    Sir, I'm about to sign for SECAF appeal to be put on PDRL. Would you be able to assist at this stage? How much would this cost?
    If you are on a sensitive timeline, i would recommend calling his office directly at 1-800-576-5648
    Dear Mr. Perry,

    I sent you an email on June 27, 2019, in reference to securing you legal service for TSGLI appeal; I don't know if you received the email or not. I would like to secure your service for the aforementioned appeal, what is the process?
    Sir, could you please look at my situation.

    and my other posts. I think I need a lawyer....
    Jason Perry
    Jason Perry
    I did a very brief look at your posts. I don't know enough about your case details to offer much. I would need to review all of your relevant case files. This is what an attorney would need to do. You may benefit from legal representation by a qualified attorney. If you are interested in my services, contact me at [email protected].
    I hope that you get your due benefits no matter what.
    Good NARSUM. however my commander wrote that I was an awesome airman and my conditions do not effect my job. Should I submit a rebuttal to that and highlight my duty limitations. My supervisor also said she would put in some input. I do not want to say too much because it could effect me negatively, but I also do not want the risk of getting a fit for duty finding.
    Jason Perry
    Jason Perry
    Your questions are outside of the scope of the information we provide here. I could not advise you about your situation without knowing the contents of your case file and I would not be able to advise you here even if I knew that information. The questions you are asking are more along what an attorney would provide.

    I hope you get a great result. Best of luck!
    Jason- I'm looking for the law that prescribes the time limits for the government to resolve cases. I seem to recall language similar to '90% of all cases in 10 months and 100% of all cases in 18 months'. What is the law?
    I am a Navy Reservist,16 years service. A medical waiver for a CPAP, anxiety medication, and lower back issues was approved.I am currently receiving 50% VA disability rating for PTSD and Back issues.When I got to ECRC they resubmited it to the AFRICOM Surgeon General. It came back 2 days ago disapproved. They issued demobilization orders. They are going to conduct a Medical Retention Review. What do I do now?
    I have some claims that came back as no diagnosis due to no pathology therefor making them not service connected. Is there anything I can do about this to get that changed? What would be a good direction for me to move in to get some ratings and service connection for these injuries?
    Get help from a VSO or if you find them not up to par, AmVets, DAV, etc. ALWAYS appeal, ALWAYS document, NEVER quit, HUNKER DOWN, it's a looong road.
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    Keatsj1964, Also another question, Where can I get a copy of my NARSUM?

    I was wondering if I can send you my NARSUM to see what I am looking at as far as ratings. Thank you so much for your help.
    Jason Perry
    Jason Perry
    Generally, I cannot review submissions sent to me directly without charging a fee as any answer would tend to implicate an attorney-client relationship. If you want to secure my legal services, contact me at [email protected].
    If you want to post your NARSUM (with PII redacted) on the forums, I may well offer some comments.

    I hope you get your desired outcome from the DES process!
    I posted my NARSUM on the forum and thanks.
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