Hello all! I have been on active duty for a little over 12 years and after a very lengthy process; the IPEB came back and rated me at 20%, separation with severance pay. I have been told by friends and family that I need to appeal and I have elected to speak with a Coast Guard attorney. I am sure some of my questions will be answered once that happens, but I was hoping to get a little bit of info from you folks as well. The more advice I can get the better. I was rated at 10% for right knee degenerative arthritis, and 10% for my hamstring (surgeon messed it up during knee surgery). I do have pain in my other knee, doctors have told me it is probably from over compensating, and back pain which is commonly associated with knee problems. My knee is stable according to the last doctor I went too, but it doesn’t feel stable. I have been told by other doctors that severe osteoarthritis can cause a feeling of instability even when the knee is stable. I can barely walk or stand for more than 10 minutes without a tremendous amount of pain. Sleeping is a whole other nightmare. I can rarely get to sleep at night. I’m pretty much in pain 24 hours a day. I’m just can’t imagine how this all equates to 10% for my knee and 10% for my hamstring and a boot from the Coast Guard with no benefits? I am less than 8 years away from being eligible for retirement. It just seems like a bum deal. Has anyone else been through this before? I would greatly appreciate any and all advice. Thanks in advance. P.S. could really use a job! I am an OS, prior TC and would greatly appreciate any leads.

Layne,

They should have assigned you legal counsel from the Coast Guard. Get on your command for info. I was med board out in JAN of 2005 at 40%. The Coast Guard should not be releasing you if you are not stable. You should be put on the TDRL. Get legal counsel and appeal this puppy. Make sure you document the sleep disturbance in your medical record to file with the VA. I am surprised they have not taken that into consideration in your med board as they us VASRD ratings they VA uses in giving you your ratings for your PEB. Get legal counsel! I am going to try and dig up the old stuff from my med board to see if I have anything that will help you out but I have an MRI and a Gastro Appointment today so it might be Monday before I get back to you. Check with medical also on how to go about getting legal counsel, the clinic supervisor or someone there might know as well. But they should assign you someone. Didn't you get a paper with your paper on whether or not you accept the findings and whether or not you wanted legal counsel? I will get back to you. PM inbound.

Regards,

Matt LaPointe, MK2 USCG Ret.

Keep in mind that if you take the severance pay, you either don't get VA Disability OR you pay the severance pay back before disability will kick in. I've seen it before, but you must decide ... severance pay (good for the short term) or VA Disability (good for the long haul). Check into it, but that's the way it used to be.

ALSO, once you are on your way out, whether it be terminal leave or you are just doing your time (folks used to get 30 days advance notice on this type of discharge), go see a DAV rep at the VA Hospital where you are or where you will be after you get out. Get your claim started while you are still on active duty. Again, get the ball rolling while you are still on active duty, Active duty records are the highest priority at the VA hospitals. Once you are discharged, you get in line with all the other veterans, and it takes quite a bit longer to get through the initial claim process (a year or more).

When you speak with the CG attorney, ask him/her who they represent; You, or the Coast Guard. It is a legitimate question. If they represent YOU, let them, otherwise you need to stay on the ball. Ask questions, at least try to get an attorney that has experience with the process you are going through. Once assigned an attorney you can and should ask them their level of experience with this process, just to satisfy your own needs.

Thank-you for your service, and best of luck to you in the weeks/months/years ahead of you.

--Jim
Life is good!

Thank you guys for the great advice. BMCS, I will get ahold of the VA this week and try to get this ball rolling. Have a great week.