MEB Question Is Ft. Polk following 2008 NDAA?

[LTCUSA]

I am starting my MEB process today 20, May at Ft. Polk, LA for sleep apnea, and several other conditions. My question concerns sleep apnea. The Dr here told me yesterday that they rate everyone here with sleep apnea as a P-2 profile. The PEBLO told me that yes indeed they do rate everyone with OSA as a P-2 profile. And that they find people with OSA as being medically acceptable according to a directive dated 11 sept '07. She stated that since they find OSA as being medically acceptable the VASRD is not used in determining fit or unfit. She said that however I can go to VA and they will give me a very good rating. I showed her the memo modifying DODI 1332.39 according to the 2008 NDAA. She said that they don't know anything about that.

[Jason]

Where to begin? I hate hearing this type of stuff.

First, they should not be classifying all OSA as medically acceptable. It is a device to avoid using the VASRD because they will not ever get to a rating decision if they find you fit. The finding of medically acceptable will likely be a basis for the PEB not addressing the condition.

If you are found fit for OSA, they will not rate you at all. In my opinion, it is a way for them to avoid compensating Servicemembers.

In order to address this, you have to show the OSA signficantly interferes with the duties expected of someone of your rank and branch. But, I have seen a suspicious number of fit findings for OSA and PTSD (two conditions directly impacted by the requirement to rate according to the VASRD) since they passed the 2008 NDAA.

I would consider asking for a copy of that directive. If they fail to rate you on OSA, this could be very strong basis for an appeal.

I hope it goes well, but I suspect an uphill fight. I am sorry to hear about this.

[jim1960]

I am in the middle of my MEB at Bliss for a bad ankle and SA(I have central apnea) As I am in the guard a preNARSUM was sent down the did have SA listed but stated that I may be fit. When I got here I told the doc and PEBLO that I wanted my SA as part of my board. The doc did an addendum(that I hope to see tomorrow) So not sure yet what it says but at least it will get to the PEB. What "memo modifying DODI 1332.39 according to the 2008 NDAA" are you speaking of?

[maparker]

Ask her for a copy of that memo and please provide a copy to us. I would like to see what this is all about. They should be determining medical acceptance per AR 40-501.

Mike

[LTCUSA]

[jim1960]

This is what has been placed into AR 40-501 dated 14 Dec 2007 para 3–41 section c and para 5–14 section e (6)

[LTCUSA]

This is the memo that I showed the PEBLO. She did not know anything about this, however before DODI 1332.39 comes into play the sleep apnea has to be found medically unacceptable. With the 11 Sep 07 memo, calling for a P-2 profile that circumvents ever using the VASRD.

At Ft Polk, for everyone that has a diagnosis of sleep apnea, they must fill out a Social and Industrial Impairment Assessment Questionairre and be seen by psychiatrist. I did that yesterday. He looked at the polysomnogram, asked me which machine I used and it's settings, was I was getting restorative sleep with it. He stated he had never heard of someone not doing better. He asked me how often I used it. After an hour of his questions regarding OSA, he wrote up that in his opinion, I was medically acceptable.

I asked the PEBLO after this ordeal was over as to why I would see a psychiatrist and that his opinion should not matter in the least. She said that is just ont of the things Ft. Polk says thay have to do.

This is the second time to go through an MEB. I went through one last fall 07 at Ft Gordon for OSA and other conditions after being evaced out of the theater. I never had any medical problems before in my 26 years of service before I took the third Anthrax shot and had a severe reaction.



ALL:

As per direction of BG Jones, the guidance found at paragraph B-29e, AR 635-40 (mechanical ROM rating); DoDI 1332.39, E2.A1.2.21 (Sleep Apnea rating guidance); and, DoDI 1332.39, E2.A1.4.1.5 (Narcolepsy rating guidance) will no longer be followed.

Disability cases at the PEB that have been decided IAW this guidance, but not yet forwarded to the PDA, should be reconsidered using only the VASRD rating guidance for the respective VASRD rating codes. Cases yet to be decided should only use the VASRD rating code. If additional information or medical data is needed to properly rate these cases the cases may be returned to the MTF for the required information/data.

I & G #s 1 and 6 and PDA Policy Memorandum #7 are deleted.

Issues regarding the new severance pay criteria has been addressed previously and additional guidance will be forthcoming when it is obtained. MEDCOM is being contacted to correct the PEBLO Counseling Checklist to incorporate these severance pay changes.

Additional guidance regarding other issues will be forthcoming from DoD and will be passed on as soon as we receive them.

Dennis E. Brower
Agency Legal Advisor
U.S. Army Physical Disability Agency

[jim1960]

I do not understand the psychiatrist part of the whole thing either, I know I read somewhere that if you have SA a member of the PEB will be a psychiatrist. As you know the reg states a pulmonologist, neurologist will be the ones who’s option is used to decide.
Today I received the addendum stating that I “do not meet retention standards” and the DA Form 3947 stating that I “do not meet retention standards”
I know that every place seems to do things different but by the way I read the reg I was taken care of correctly