Should I appeal

rumrunner

PEB Forum Regular Member
Registered Member
Got A PEB rating of 10% for my back and a VA rating of 60%. With my right knee all measures to fix it have been exhausted. The VA game 10% for it. Should I appeal get a new ROM for my back and try to add my right knee to the PEB? Any help is appreiciated.
 

ceilingfan

PEB Forum Regular Member
PEB Forum Veteran
Got A PEB rating of 10% for my back and a VA rating of 60%. With my right knee all measures to fix it have been exhausted. The VA game 10% for it. Should I appeal get a new ROM for my back and try to add my right knee to the PEB? Any help is appreiciated.
First thing I would do is take your findings to MEB Legal office and see how strong of a case you would have for appeal? Did the MEB say that only your back 'does not meet retention standards'?
 

rumrunner

PEB Forum Regular Member
Registered Member
I already when to JAG, they told me to request a new ROM and the PEB only rated my back.
 

Ruptured Duck

Moderator
PEB Forum Veteran
No such thing as a "MEB legal office"...the Formal PEB will assign an attorney to you and that will be about 15 minutes of "free" legal advice when you go to the board.

You need to fight. I recommend you contact Jason Perry right now to handle your case ASAP!
 

ceilingfan

PEB Forum Regular Member
PEB Forum Veteran
No such thing as a "MEB legal office"...the Formal PEB will assign an attorney to you and that will be about 15 minutes of "free" legal advice when you go to the board.

You need to fight. I recommend you contact Jason Perry right now to handle your case ASAP!
Well, my instillation had an MEB Legal Outreach office. And Rumrunner is asking if he should request a formal PEB or what he should do. He never said he was committed to formal PEB. Calm down with your "ASAP" and misinformation.
 

rumrunner

PEB Forum Regular Member
Registered Member
I talked to MEB Legal Outreach office or JAG, and they recommend if I appeal to get a new ROM and add my knee to the PEB. I googled Jason Perry, I can't afford his fees. My question is should I take the severance they offer me now, or appeal and try to get retirement?
 

ceilingfan

PEB Forum Regular Member
PEB Forum Veteran
I already when to JAG, they told me to request a new ROM and the PEB only rated my back.
Right, but did the MEB, before your packet ever went to PEB and VA, say that only your back failed to meet retention standards? Also, what is your MOS? Because unfit for a certain condition comes down to if it prevents you from doing your job.
 

ceilingfan

PEB Forum Regular Member
PEB Forum Veteran
I talked to MEB Legal Outreach office or JAG, and they recommend if I appeal to get a new ROM and add my knee to the PEB. I googled Jason Perry, I can't afford his fees. My question is should I take the severance they offer me now, or appeal and try to get retirement?
I know you are just trying to determine what course of action you should take. Let's just slow down and look at this logically. And Jason Perry will offer free advice on here whether or not you could have a strong case with regards to a formal PEB. But let's just focus on one thing at a time. :)
 

rumrunner

PEB Forum Regular Member
Registered Member
Correct my meb was started for my back. I am or was a 25p. My knee has gotten worst since the meb started and ortho says i need surgery. Free advice over the phone?
 

Ruptured Duck

Moderator
PEB Forum Veteran
Like I said "No such thing as a MEB legal office".

Rumrunner- You need an actual attorney who handles DES cases with a proven track record and not some "MEB legal outreach office" that can't represent you and has no standing with either the FPEB, SEC REVIEW, BCMR or the United States Court of Federal Claims (USCFC)...

If you want to actually want have a chance at winning your case, you need to contact a REAL lawyer who actually handles cases like yours (with a proven track record of over 500 + cases) at the Formal Physical Evaluation Board and not unfounded "opinions" which you can get anywhere, especially on line out here or at "MEB legal outreach offices" (sic)...

I recommend Jason Perry, the founder of this site. At the very least Jason will tell you if you got a case. Time is critical if you plan to appeal any decision.
 

ceilingfan

PEB Forum Regular Member
PEB Forum Veteran
Correct my meb was started for my back. I am or was a 25p. My knee has gotten worst since the meb started and ortho says i need surgery. Free advice over the phone?
Jason Perry is the founder/creator of this website. Free advice on here--this website--this forum. Ok then, so if you are going to get an unfit finding on your knee, you are going to need evidence stating that you are unable to do your job, deploy because of it.
 

rumrunner

PEB Forum Regular Member
Registered Member
Well i cant run my knee sometimes locks while standing and walking up stairs is a pain.
 

Ruptured Duck

Moderator
PEB Forum Veteran
About 80 to 90% of all cases I've seen from people who have appealed their decisions at a Formal Physical Evaluation Board without an experience DES attorney or using the Government attorney's have failed, which makes it even harder if you decide to appeal further.

If you appeal your decision at the FPEB and are successful, the potential monetary difference between separation pay and a life long retirement pay could be, depending on you age, upwards of HUNDREDS OF THOUSANDS of dollars and lifetime benefits which you will not receive if you do not take action right away to protect your interest.

It very easy to get "free" advice...and that's just exactly what it's worth.
 

Ruptured Duck

Moderator
PEB Forum Veteran
There's a HUGE difference between Jason giving you "free" advice out here and him representing you as your contracted attorney. It's night and day.

If you were going to any court that could cost you hundreds of thousand of dollars, would you rather have an attorney actually represent you at that court or would you rather rely on "on line" advice?

The "choice" is yours...
 

rumrunner

PEB Forum Regular Member
Registered Member
Ruptured Duck so your advice is to talk to Jason Perry? I am trying to see if I have a fighting chance, or if I have something to lose.
 

Ruptured Duck

Moderator
PEB Forum Veteran
You have EVERYTHING to lose if you do not appeal an unfavorable decision. I recommend that you talk to someone who actually has experience appealing to the Formal PEB with a PROVEN track record who specializes in this area of law, ASAP, to find out the following:

1. If you have a case AND

2. What you need to do to win your case.

If you don't need Jason Perry he will tell you. I know him personally. I've help over 300 people over the last 4 years with legal/medical issues and everyone who I told to call Jason for help has thanked me after Jason helped them. Those who didn't regretted it and are now on the street or were low balled in their rating decisions.

I'm not here to ambulance chase for Jason. He doesn't need it. However, it is important that in all legal issues, (and this may be the biggest one in your life that actually effects your income/quality of life or lack there of), it's important that you seek and get legal advice from a licensed attorney who SPECIALIZES in this area of law who can actually represent you at a Formal PEB.

Myself and others out here can give you all the advice (RIGHT OR WRONG), you want all day long but it doesn't mean a thing when it comes to winning your case. Only you can do that and I highly recommend you get professional help.

-SMSgt M.C. McDermott USAF (Ret.) Air Force Wounded Warrior
 
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