DOD and VA questions. HELP!!!

haz

PEB Forum Regular Member
after my initial peb i was found fit so i appealed it and was found unfit to be separated with severance 20% based on updated medical information i sent in as well as a personal letter (i didn't go in front of anyone at any board personally they just changed thier finding). i get the paperwork from the new findings and while i agree with the unfit findings i believe i can show new medical evidence to get over 30% so i'm going to appeal. in the va part they completely left off things in my claim that were a part of my initial claim like sleep apnea with cpap, hypothyroidism, plantar fascitis and the put bad information and rated me 0% on migraines. so my question is can i and should i request a formal board or should i opt for va reconsideration so they can fix the ratings? thanks
 

Jason Perry

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Seems to me that you might have to do both. That is, from what you wrote, it appears there are two issues, the military did not find those conditions unfitting AND the VA did not rate them. I would talk, initially, with your PEBLO, but in order to get military compensation, you will need the PEB to find the conditions unfitting and the VA to rate them.
 

haz

PEB Forum Regular Member
I know that the apnea, hypothyroidism won't be unfitting but shoudnt they still be rated? migraines could be be unfitting. but they found me unfit because of my ankles due to compartment syndrome but my ankles are a secondary condition to compartment syndrome for which the rated me 0% and was the reason i was up for PEB to begin with...and used the criteria for shin splints to rate it. i have been trying to find cases on the internet to find out which rating code should be used. and if the the va changes and rates me for the compartment syndrome will the dod automatically change my findings to retirement if it goes to 30% or over if i just appeal the va? thanks again
 

Jason Perry

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While still going through the DES, the military will automatically apply any ratings that are assigned by the VA to conditions that are unfitting. If you were to later appeal and get a VA change to your rating, according to the regulations they state you should apply to your service's BCMR/BCNR for relief (which is supposed to grant expedited consideration). I tend to think that would be a good route to go in those circumstances, though, I do think that there is likely jurisdiction in the Court of Federal Claims as well.
 
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