I have 20% for my back DDD up/lower. I also have radiculopathy code 8520 and the VA said 0%. Under that code 8520 I qualify for 10% and that would put me under medical retirement for my two unfitting conditions for the military. Question is, I disagreed with the VA percentage so it goes back to the doc's/VA for another review. If it comes back at another 0% is their anything else I can do? PEBLO said I have a 50/50 chance on getting that 10%.
Medical retirement fight vs severance pay
- Thread starter Richey1987
- Start date
There is the FPEB but my understanding is that is only for arguing for the addition of additional conditions as unfitting. I also don't think you can appeal to the FPEB once you've requested the 1-time VA reconsideration. There is an additional admin channel for appeal. For the Air Force, it is the SAFPC. I don't know what it is for the other branches and I also don't know if they look at ratings or just fitting/unfitting.
Once you are out, you can appeal to the board of corrections for military records and if they agree they can change the ratings. You only have 3 years after separation to file an appeal with the BCMR.
You also have the option of appeals to federal court which has a 6 year time limit.
Once you are out, you can appeal to the board of corrections for military records and if they agree they can change the ratings. You only have 3 years after separation to file an appeal with the BCMR.
You also have the option of appeals to federal court which has a 6 year time limit.
Thank you, I believe I just did the FPEB reconsideration I have too look it was on my 199 I signed. The only thing is if I do get that additional 10% rating for my unfit condition can I get Medical retirement even though I'm out and have received the severance pay? I know that would have to be paid back of course.
Yes, you can still be medically retired even if you initially are separated with just severance. I don't know all the complexities but if you are separated and then later granted medical retirement, DFAS/VA does some calculations and you may have to pay back whatever hasn't been paid back of the severance out of your retirement.
Fight for the 10% extra NOW. Getting a separation re-characterized to retired requires years in the BCMR process.
I have fought, Legal wrought me a MEDBOARD revue. PEBLO says its a 50/50 chance. VA has my EDG exam test on file so I don't see why VA says no findings makes no sense to me but we resubmitted it with the revue request. I've read the 8520 VA rating chart unless I'm missing something within medical terms that makes me unqualified.
The problem is getting the VA to change their position. DoD uses VA percentages. You first and perhaps only issue is with the VA.