I have no clue what I'm doing and feel completely overwhelmed. I was separated in Nov of 2008 with a rating of 10%. At the time I had no clue what was going on and was upset about about separating. I found out last week that the peb should have rated all my disabilities which they weren't. I am rated 100% p&t thru the VA and was told I should have been rated on all conditions which I would have been retired and eligible for Tri care. I filled out the forms for bcmr but am unsure if I can appeal or if I should or what I should do. The fine people at hadit.com recommended me over here. Thanks for your help in advance.
kind of lost
- Thread starter silent combatant
- Start date
First you need to look at your conditions and decide which ones to appeal. All your VA rated conditions are not going to qualify. Only the conditions that prevented you from doing your military duty. All other conditions, the VA rates.
What were yur conditions? What were you separated for. Time in service and rank? Were any of your conditions a result of combat?
What were yur conditions? What were you separated for. Time in service and rank? Were any of your conditions a result of combat?
I was separated for an ankle injury rated at 10%. I have shoulder and back issues both rated at 20% a piece, sleep apnea rated at 50%, and ptsd rated at 50%. Then a bunch of little things here and there. 7 years in, e5, and some were from combat.
Thank you for the response and help
Thank you for the response and help
So what you have to look at is the effect of each of those other conditions at the time of your board. Ask on each condition if it was preventing you from doing your job and would it have resulted in a MEB. Sleep Apnea will be extremely hard to prove that it was a unfitting condition. The back and shoulder could prove to be unfitting conditions, but it will depend on whether you can show that they affected your performance of your duties. PTSD will also need to be shown to have affected your duty ability.
Where these conditions being looked at by medical when you boarded?, or were they all identified after seperation through other VA exams?
I would recommend getting a lawyer to look at your case and give you an honest opinion as to your chances. If it is not a slam dunk case, with lot's of proof of what I mentioned, it will be very hard for you to get it done on your own. Jason Perry, the site founder is a lawyer who specializes in this stuff. Also member Mike Parker is another great resource. Maybe send them a IM of what you are talking about.
Where these conditions being looked at by medical when you boarded?, or were they all identified after seperation through other VA exams?
I would recommend getting a lawyer to look at your case and give you an honest opinion as to your chances. If it is not a slam dunk case, with lot's of proof of what I mentioned, it will be very hard for you to get it done on your own. Jason Perry, the site founder is a lawyer who specializes in this stuff. Also member Mike Parker is another great resource. Maybe send them a IM of what you are talking about.
They were diagnosed, just the military addressed one injury at a time. They weren't addressed for separation. And thank you, I will. What kind of lawyer would I look into?
Contact Jason Perry on this site and he can direct you to a lawyer friend, or he just may represent you as well.
Yes, I would look for counsel, I have never seen such a large difference between DOD and VA. You can even see the proposed ratings for what is unfitting. Good luck..