PEB for Rheumatic Fever

[keehn]

Hello everyone. This is my first post on the site and I have a couple of questions. A little history: I have been on LIMDU for the past year for Rheumatic Fever and Poly-Arthralgia (caused by RF). I got strep throat during boot camp last year which turned into RF. For a good three months, I had severe joint pain...severe enough that I could not stand in one spot for more than 10 seconds. Regardless, I was placed on Penicillin and Prednisone by my civilian Rheumatologist and no longer have any symptoms. My bloodwork since early this year has consistently shown no elevated SED (inflammation) levels; basically I am back to full health.

I was weaned off the Prednisone so now I am only taking Penicillin as a preventative measure to ward off another attack. At my MEB last week, the doctor at our local NACC stated he was referring me to a PEB. After doing a little digging, I found that I could possibly be ADSEP'd due to the RF being a prior-existing condition (I was wavered in on RF at age 14).

My goal is to continue Navy service, get accepted to a rating (I am striking for Legalman, am currently E-2 undesignated), and make the Navy a career. I have been practically non-stop researching the PEB process, but figured that asking a question would be more direct in helping me out.

My big question is: What is my chance of staying in the Navy?

According to my research, non-acute RF is considered 0% disability, if I got discharged, would I get a severance, or just a "don't let the door hit you on your way out" (pre-existing condition separation)?

Thank you everyone.

[xeno]

I think (and someone will correct me if I'm wrong) that a 0% rating is still a rating that if you get a medical discharge & severance pay.

X

[Jason]

Originally Posted by keehn

Hello everyone. After doing a little digging, I found that I could possibly be ADSEP'd due to the RF being a prior-existing condition (I was wavered in on RF at age 14).

Keehn, Welcome! Yes, unfortunately, it is a possibility that you could be admin separated. If they notify you of that, please let us know.

My goal is to continue Navy service, get accepted to a rating (I am striking for Legalman, am currently E-2 undesignated), and make the Navy a career.

This works in your favor as the legal field is not the most physically arduous rate.

My big question is: What is my chance of staying in the Navy?

This really depends on how you are impacted in your duty performance. It sounds like you have minimal limitations, so this bodes well for you.

According to my research, non-acute RF is considered 0% disability, if I got discharged, would I get a severance, or just a "don't let the door hit you on your way out" (pre-existing condition separation)?.

A 0% rating still gets you severance pay in the DoD Disability Evaluation System. You would get credited with a minimum 3 years of service if your condition is found to be compensable. It sounds like you want to fight for a fit finding and continued service, though.

Hope this was helpful and please let us know any questions.

[keehn]

Wow, thanks for the replies. I wasn't expecting a response so quick .

I will definitely keep everybody updated on what happens. I have been working in a JAG office for a year now...a huge benefit as the officer's have been making calls down to Washington on my behalf to the JAG's responsible for PEB representation. This Friday, I meet with a local JAG attorney with PEB experience to look over my medical record and determine what I need to do to fight for retention.

Tomorrow, I go in for my pre-separation physical, part one. At this point I am at the very early stages of the PEB process.

Thanks again.

[keehn]

Another update: I went to my pre-separation physical part two today and spoke to the doctor, he stated because I have no current issues that he thinks there's an 80% probability the PEB will find me fit for full. I feel a little bit better hearing those odds, however, I am still worried the PEB will see the Rheumatic Fever, not know what to do with it (being it's so rare nowadays), and subsequently discharge me.

I also went to the medical boards department to review the PEB write-up the LCDR drafted for me. Looked pretty neutral, just stated the medical facts and didn't lean to either side. He did comment that I seek retention however. I went ahead and signed off without attaching any personal comments to it.

I also checked with my command to see the status of the command input. The YN2 who is in charge of LIMDU personnel said I will be sitting down with the XO sometime next week to go over the command input (I am a bit nervous to be sitting down with an Officer who has no idea who I am and will be offering input that could either save or sink my Naval career.) Side note: I am TAD to another command who has already received the Naval message regarding my PEB. The OIC has written, I believe an outstanding recommendation for me to be retained and brought back to full duty. He forwarded his recommendation onto my parent command...I am hoping for the best.

That's all for now, tomorrow I meet with the JAG Officer familiar with PEB cases to see if he can shed some more light on my chances.

Question: Jason, you stated that I would be credited with 3 years of service if my condition is compensable. How would that affect my GI Bill? I have only been on active duty for 1yr, 4mos now.

[Jason]

Sounds like you have a strong case for return to duty. I hope it goes well!

As far as GI Bill benefits, take a look at the improved GI Bill (which would be a more advantageous benefit than the previous GI Bill): New GI Bill Overview - Education - Military.com

If discharged due to disability, you will be eligible for 100% of the benefit.

[keehn]

Another update.

I spoke to the JAG today about my case. He looked over my medical record and the command input my TAD OIC wrote up (I don't have the final command writeup yet). The JAG stated he thinks I am likely to be looking at a finding of existing prior to service (which would leave me with no severance or GI Bill). The JAG is also working with my OIC to pull some strings to get a copy of the PEB dictation (the PEBLO would not give me a copy when I went to sign off on the paperwork, because she hasn't received all the paperwork yet.)

However, the JAG also said if the PEB comes back with this finding, I could challenge the rheumatic fever was service aggravated. The JAG reasoned my RF episode would not likely have happened had I not gone through basic training. The stress and exhausting training we went through was the reason why my immune system was weakened, and therefore, was the reason why I relapsed. Had I stayed a civilian, the probability of me getting RF would have been extremely unlikely, considering the absence of the disease from age 14 to 26.

Regardless, I REALLY hope it doesn't come to this point. As everybody here already knows, I want to stay Navy. At this point, I don't know what to think. The command input makes me think I have a good shot of retention. However, the JAG tells me he thinks a EPTS ruling will occur.

Has anybody gone through something similar to this before?

Thanks.

[Jason]

An EPTS finding won't matter if they find you fit. If unfit, but EPTS, it sounds like the JAG has the correct reasoning, only thing I would clarify is that under the law, the Navy has the burden to show that it was not service aggravated, you don't have to prove anything. In practice, the PEB may not act this way, but this is very important if you have to appeal (the Federal Courts will hold their feet to the fire on this). However, your best bet is to get that fit finding, if possible.

Best of luck!

[keehn]

Another update (and questions).

At the suggestion of one of the JAG's in Washington, I am requesting letters of retention recommendation from practically everyone I know. I will be submitting them as well as my latest EVAL (had a really great writeup). My OIC also suggested I send along copies of the recommendations I already have lined up for my Legalman striker package.

This all may be overkill, but I don't want the IPEB looking at my package without having to discount my service thus far. I think I annoyed my PEBLO by stating that I was adding some more information to the package already going to the IPEB.

Do I need to write a letter or something to go along with my added material? Does the PEBLO do that? Or does the IPEB just receive the information I will be adding and know what it's for?

[Jason]

Originally Posted by keehn

Another update (and questions).

This all may be overkill, but I don't want the IPEB looking at my package without having to discount my service thus far. I think I annoyed my PEBLO by stating that I was adding some more information to the package already going to the IPEB.

That is poor customer service on the part of your PEBLO. They are supposed to help you and not be annoyed by having to do their job.

Do I need to write a letter or something to go along with my added material? Does the PEBLO do that? Or does the IPEB just receive the information I will be adding and know what it's for?

I would not expect the PEBLO to add anything, except maybe a cover letter /fax cover sheet stating that you are adding additional info. If you have not submitted a letter previously, you could, I would keep it to additional facts or arguments regarding your fitness. All the letters should be focused on the lack of limitations of your duty performance and your ability to perform the duties of your grade and rate.

Best of luck at the IPEB!