First, TSgt, AD USAF, just shy of 12 years
I lost my right leg (AK) and severely deranged my left knee and ankle in an accident in '06. My informal was FINALLY completed in February, and it was returned as Permanent Retirement at 60%. I am tickled to death about the retirement part. I was honestly sweating it, as I was a "lifer" and I certainly didn't want to end my career this way, nevermind the lack of income to help support my family! However, I do have a few issues with the rating.
My initial 356 came back with the following compensable unfitting conditions:
1. Right Below Knee Amputation (40%) - 5162
2. Left Knee Pain Status Post Surgical Correction of Dislocation (10%) - 5099 - 5003
I immediately noticed that #1 was BELOW KNEE. I'm an AK. The MEB office called down and they changed the condition to Right Above Knee Amputation, and upped the rating to 50%. I'm fine with this rating. This side is black and white; the leg was amputated above the knee and it's a firm rating for that condition. It's obviously not going to change, so I'm content with it.
My issue is with the rating for #2. The condition rated above is simply post-surgical pain that I'm dealing with. Well, yes, I have a lot of pain, but there are also some pretty vital components in my knee missing and my ankle doesn't bend past neutral! This is all documented heavily, but it was the VA providing my care and not the base, so I don't believe that the informal board had all the information to base their rating on.
I have appealed and have been granted a FPEB. To put it in the most simplest of terms, I'm NOT appealing their number. I'm appealing the fact that I don't think they had all the necessary information to come up with a fair rating. I have a severely stretched ACL in my knee (even after replacement last year), and that's it. Everything else is gone. I can literally stand straight up and make my lower leg do the "helicopter". It is severely unstable and I can't weight bare whatsoever without wearing a big Forrest Gump looking leg brace that goes from a footplate all the way up to my thigh. I have documentation from my doctor at the VA that it is only going to degrade in time if I keep trying to ambulate on it (my other option is a wheelchair) and I'll eventually need a full knee replacement, if even possible. I already mentioned my ankle issues.
So, after being kind of long-winded here, as I said, I am only going down there to make sure that they have all the information before deciding my future. If the board comes back after seeing me and my medical records and says its still 10% for my left leg, I'll salute smartly and say "have a good weekend". I'm not begging for something more, I just think the informal package was less than accurate.
I'm honestly quite nervous about the whole formal board. What is the best way to go about presenting my case to my counsel and to the board? The only evidence I really have is my VA medical records. I'm not trying to argue anything, I just want them to look at the records for my left side and give a number. If they come up with that number after seeing me and reading the presented statements from my doctor and physical therapist as well as my records, I'll accept it. How should I go about this?
Also, I have a physical profile from my PCM that states I can wear PT Gear as opposed to BDU's as my duty uniform. I physically can't wear BDU pants. Aside from the issue of just trying to get them on over all the crap on my leg(s), anything with long legs snags and pulls in my left leg brace and can actually pose a danger to me ambulating. I've had wind pants get snagged in the hinges and stop it from moving, which almost cause me to fall (I have pretty poor balance and need crutches/cane to ambulate). The socket on my prosthesis is also pretty large and doesn't fit well in much else besides baggy shorts. Is this going to be an issue? I know I'm supposed to report in BDU's, but I have the uniform waiver. Will this be frowned upon?
Thanks for reading all this. I know it was a lot. I've got almost two years of dealing with this crap built up inside of me, though. It had to come out, somehow. Hopefully this will be the end to it all when I meet the board. Thanks again.
I lost my right leg (AK) and severely deranged my left knee and ankle in an accident in '06. My informal was FINALLY completed in February, and it was returned as Permanent Retirement at 60%. I am tickled to death about the retirement part. I was honestly sweating it, as I was a "lifer" and I certainly didn't want to end my career this way, nevermind the lack of income to help support my family! However, I do have a few issues with the rating.
My initial 356 came back with the following compensable unfitting conditions:
1. Right Below Knee Amputation (40%) - 5162
2. Left Knee Pain Status Post Surgical Correction of Dislocation (10%) - 5099 - 5003
I immediately noticed that #1 was BELOW KNEE. I'm an AK. The MEB office called down and they changed the condition to Right Above Knee Amputation, and upped the rating to 50%. I'm fine with this rating. This side is black and white; the leg was amputated above the knee and it's a firm rating for that condition. It's obviously not going to change, so I'm content with it.
My issue is with the rating for #2. The condition rated above is simply post-surgical pain that I'm dealing with. Well, yes, I have a lot of pain, but there are also some pretty vital components in my knee missing and my ankle doesn't bend past neutral! This is all documented heavily, but it was the VA providing my care and not the base, so I don't believe that the informal board had all the information to base their rating on.
I have appealed and have been granted a FPEB. To put it in the most simplest of terms, I'm NOT appealing their number. I'm appealing the fact that I don't think they had all the necessary information to come up with a fair rating. I have a severely stretched ACL in my knee (even after replacement last year), and that's it. Everything else is gone. I can literally stand straight up and make my lower leg do the "helicopter". It is severely unstable and I can't weight bare whatsoever without wearing a big Forrest Gump looking leg brace that goes from a footplate all the way up to my thigh. I have documentation from my doctor at the VA that it is only going to degrade in time if I keep trying to ambulate on it (my other option is a wheelchair) and I'll eventually need a full knee replacement, if even possible. I already mentioned my ankle issues.
So, after being kind of long-winded here, as I said, I am only going down there to make sure that they have all the information before deciding my future. If the board comes back after seeing me and my medical records and says its still 10% for my left leg, I'll salute smartly and say "have a good weekend". I'm not begging for something more, I just think the informal package was less than accurate.
I'm honestly quite nervous about the whole formal board. What is the best way to go about presenting my case to my counsel and to the board? The only evidence I really have is my VA medical records. I'm not trying to argue anything, I just want them to look at the records for my left side and give a number. If they come up with that number after seeing me and reading the presented statements from my doctor and physical therapist as well as my records, I'll accept it. How should I go about this?
Also, I have a physical profile from my PCM that states I can wear PT Gear as opposed to BDU's as my duty uniform. I physically can't wear BDU pants. Aside from the issue of just trying to get them on over all the crap on my leg(s), anything with long legs snags and pulls in my left leg brace and can actually pose a danger to me ambulating. I've had wind pants get snagged in the hinges and stop it from moving, which almost cause me to fall (I have pretty poor balance and need crutches/cane to ambulate). The socket on my prosthesis is also pretty large and doesn't fit well in much else besides baggy shorts. Is this going to be an issue? I know I'm supposed to report in BDU's, but I have the uniform waiver. Will this be frowned upon?
Thanks for reading all this. I know it was a lot. I've got almost two years of dealing with this crap built up inside of me, though. It had to come out, somehow. Hopefully this will be the end to it all when I meet the board. Thanks again.