BCMR - Worth the effort?

christina.usn

PEB Forum Regular Member
#1
I have been been on and off limited duty status since 2005 due to a low back injury. Following two failed spine surgeries and multiple MEB’s, I was referred to the Navy PEB around Sep/Oct 2011.

Dictation dated September 2011 included the following clinical diagnoses:
1. Intractable low back pain that has failed attempted lumbar fusion at L5-S1 to date; however, again, the fusion is not fully fused at last followup.
2. Diabetes Mellitus, type 2.
3. Hyperlipidemia.

IPEB resulted in “FIT FOR CONTINUED NAVAL SERVICE”:
1. ”UNFIT" for LBP
2. ”FIT" for DM2
3. Hyperlipidemia was noted as not being a disability per the SECNAV Instruction.

No rating provided. No referral to VA. PEB case was closed in March 2012

Tired of all the administrative issues, to a point where my enlistment contract was being extended on a month to month basis, I was discharged honorably in May 2012 due to EAOS (End of Active Obligated Service).

I submitted my VA disability claim the day of my discharge. Initial combined rating was 80%
1. 50% Obstructive Sleep Apnea
2. 30% Migraine Headaches
3. 20% Low Back Pain SP Fusion
4. 20% DM
5. 10% Left Lower Extremity Radiculopathy
6. 10% Tinnitus
… and some 0% SC conditions

Then a few months ago, my overall rating has been increased to 90%
7. Left Hip, Osteoarthrosis Sacroiliac Joint Condition 10%
6. Right Hip, Osteoarthrosis Sacroiliac Joint Condition 10%

I feel that the outcome of may have resulted in at least a 30% rating from the DoD had I’ve been processed via IDES instead of the legacy PEB - which I know was already being implemented at that time.

Given my information, would it be worth the time and effort to attempt to upgrade my discharge to medical retirement through the BCMR? If so, how do I get the process started?

Thank you for all your insight!
 
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