MEB started before having 2 back surgeries, and worsening injuries.

Discussion in 'Medical Evaluation Board' started by 9yrSgt, Jun 8, 2012.

  1. 9yrSgt

    9yrSgt New Member

    Joined:
    Jun 8, 2012
    Messages:
    4
    Trophy Points:
    1
    I had my packet sent to Texas on 2 Feb 2012. I recieved the notification that my packet had been finalized on 4 June 2012 and reviewed the AF decision of 20% and the VA at 60%. During the time between 2 feb and 4 June 2012 I have had two back surgeries (29 Mar and May 22) back problem is still not resolved and my right knee that I've also had two surgeries on and that still has an existing tear on it has been giving in on me since my back surgeries.

    How do I get the AF to consider these new surgeries and worsening symptoms on my current MEB?

    They told me I have until June 15th to sign the AF form 356, but I do not agree with the decision.

    The PEBLO told me I can only appeal if I am fit for duty.

    I know I am broken. Any sustained impact on my knee severly disables me for a day or two. My back is just all jacked up sending shooting nerve pain down my butt and leg. I have 4 AFPT failures which led to my MEB. So I don't think I can win a fit for duty appeal.

    I just don't believe my back is only a 10% disabilty. The nerve pain is unbearable to the point where I can't even concentrate on anything else but the pain.

    How do I fight to get the new information submitted in my review?
  2. klamsnacks

    klamsnacks PEB Forum Regular Member

    Joined:
    Mar 16, 2011
    Messages:
    243
    Trophy Points:
    28
    WELL your PEBLO is wrong, you cannot appeal a fit for duty, except under circumstances, so You disagree with your findings and offer the new evidence. Curious as to what was the 60% VA Breakdown for? If you look at my IPEB Findings <<-Click page 12 shows my lumbar spine ratings and how my Range of Motion was the decision maker here. What were your ROMS? What was the official ruling? Permanent Retirement or TDRL? BUT again your PEBLO is wrong, your condition as you state it here without knowing more sounds unstable to me, if your MEB went up and then you still had to have 2 more surgeries. My MEB wasn't even initiated till I was done with Convo. Leave after my surgery, and if I had required more, my PCM was explicit that he would not start it until my condition was considered stable enough to state maximal medical impact had been reached. Which on my 356 was again quoted.

    Additionally if your PEBLO is unclear - they can read this AFI 36-3212 <<-Click - Specifically, Section 3C - IPEB Procedures
    Part 3.34 - IPEB Findings
    Part 3.34.2.2 - Requesting a Formal Board when disagreeing with results/findings
    and additonal subsections there-in describe explicitly how and why to process if you disagree.
    One statement is for Special Circumstances, where if I think it's the Med Group CC finds additional information that was not in the case or condition has worsened he/she will have to submit some documentation too. Either way, it's only the fit findings that when attempting to appeal to the Formal PEB does it get iffy, in that they take your appeal, but they send it up to a recommendation review to substantiate if it is deemed admissible information for the requirement of a Formal Hearing.

    Hope this helps!
    Interested in your AF Form 356, what does it state for Section 10 - Part's ABCDE?

    v/r
    Klam

    If you have any questions let me know!
  3. 9yrSgt

    9yrSgt New Member

    Joined:
    Jun 8, 2012
    Messages:
    4
    Trophy Points:
    1
    WELL your PEBLO is wrong, you cannot appeal a fit for duty, except under circumstances, so You disagree with your findings and offer the new evidence.

    Curious as to what was the 60% VA Breakdown for? VA rated my Sleep Apnea 50%, RT knee 10%, and my back 10% for a combined rating of 60%

    What were your ROMS? They did not give me any documentation referencing my range of motion. These are the VASRD codes for my knee and back 8620-5238 and 5299-5260 the apnea is 6847 but was category 2 on my AF 356

    What was the official ruling? DWSP

    Permanent Retirement or TDRL? Was not an option

    Interested in your AF Form 356, what does it state for Section 10 - Part's ABCDE?
    A. Yes
    B. N/A
    C. Yes
    D. Yes
    E. No

    -------------------------------------------------
    I am going to talk to my Shirt tomorrow then talk with my element Commander and if necessary take my case to the IG.
    I'm also going to go to a civilian doctor and get a second opinion.
    I also need to read AFI 36-3212 chapter 3 and AFI 48-123 Medical Examinations and Standards

    This is really good information. I really appreciate your response. Please, any other information you have would help greatly.

    Thank you,

    Joe[/quote]
  4. klamsnacks

    klamsnacks PEB Forum Regular Member

    Joined:
    Mar 16, 2011
    Messages:
    243
    Trophy Points:
    28
    Ok, so some of my questions would be if you have a copy of your MEB packet, NARSUM and all VA Appointments, did they do a Range of Motion test on your back in there? If they did you should be able to look through that and compare it to the VASRD ratings to see if the 10% matches up accordingly.

    Guessing the DOD was 10% unfitting condition being your knee and back as the Sleep Apnea is "not unfitting condition" As well as the Discharge With Severence Pay? This may be the general findings in such cases, again I do NOT KNOW just trying to make sense of the information presented.

    My MEB Packet <<-Click page 15 under physical examination portion shows the Range of Motion percentages. My total was 14% which is how the VA came to their decision for rating me at 40% on my back. I knew this going in that it would be approx. that.
    Your spinal conditions Ratings for a little more info
    8620 <<-Click
    5238 <<-Click
    It is quite possible not knowing the nature of your surgeries post MEB being mailed, nor how they determine the ratings for those two codes, but 10% may indeed be correct in regards to how the VA does their ratings.

    Not saying it's right or that you aren't within your right to challenge this. I would think the biggest challenging point would be that your condition was NOT Stable, if you additionally required 2 more surgeries to repair further problems. But just getting a second opinion may not be enough, get your doc's notes on everything. Start preparing them for a formal board request, and find out exactly what you need before making that decision so you've got it ready. Also you've only got 10 days, don't forget that either. Busy Busy Busy, keep us updated!

    Klam
  5. 9yrSgt

    9yrSgt New Member

    Joined:
    Jun 8, 2012
    Messages:
    4
    Trophy Points:
    1
    I just read this.

    Section 3B—PEB Findings and Recommendations
    3.13. Cases Unable to be Adjudicated.
    When the PEB needs more or corrected information to evaluate a case, HQ AFPC/DPPD returns the medical board proceedings and related documents to the referring MTF with a cover memorandum explaining why the case is being returned and what actions to take. When returning the case to HQ AFPC/DPPD, the MTF must include a cover memorandum telling what they did and whether they added or changed any documents. HQ AFPC/DPPD refers a case to a different facility for more medical workup or new MEB if the PEB considers it necessary to ensure a fair and impartial evaluation. HQ AFPC/DPPD returns cases for any of the following reasons:

    3.13.1. More detailed or additional documents;

    3.13.2. Further information and description of defects;

    3.13.3. Further hospitalization, another physical exam, or reconsideration by an MEB;

    3.13.4. Correction or explanation of apparent errors, omissions or inconsistencies in the records or supporting documents; or

    3.13.5. Noncompliance with governing directives, such as AFIs 48-123 and 36-2910, Line of Duty and Misconduct Determination, and this instruction.

    5.20. Appeal Procedures.
    After HQ AFPC/DPPD announces SAF's final action, if the member believes the disposition of his or her case constitutes an error or injustice, he or she may appeal through application to the Air Force Board for Correction of Military Records (AFBCMR) under AFI 36-2603.
  6. klamsnacks

    klamsnacks PEB Forum Regular Member

    Joined:
    Mar 16, 2011
    Messages:
    243
    Trophy Points:
    28
    I dont think that is applicable here, because the IPEB Findings weren't returned. You were given a full disposition of their findings at that time. This would have only been if the PEB felt they needed more or corrected information, not you feeling the information given is now actually different. When your condition changes, not sure dont have the reg pulled up and getting ready for work, but I think the MTF is supposed to actually update the information and send it up, but it sound's like they didn't. Possibly an entirely NEW MEB which would start the clock over, and I'm sure you don't want that to occur. Either way, get with your Doc's and get it all documented and be ready as if you are persuing a formal board, and make sure you dont bust that 10 day suspense, but by that 10 days you need all your information ready to go I would guess. Maybe Jason can chime in on this for a legal perspective.

    Klam
  7. 9yrSgt

    9yrSgt New Member

    Joined:
    Jun 8, 2012
    Messages:
    4
    Trophy Points:
    1
    I'm on it. Thanks for the advice.
  8. Jason Perry

    Jason Perry Site Founder Staff Member

    Joined:
    May 15, 2007
    Messages:
    10,946
    Trophy Points:
    1,225
    Hold on, heroes!

    What the hell is going on here?

    First off, you can appeal anything (at what level is a different matter, but based on the posts in this thread, it is hard to suss out what is the situation; more so based on the replies than the original post).

    Given what was stated in the original post I will weigh in:


    Your PEBLO should be retrained and if the message is not learned, fired. You can appeal anything.

    The answer on how to appeal an IPEB finding is to demand a formal hearing (and if you are in the IDES, request a VA rating reconsideration request).

    Submit your evidence and arguments to the FPEB or the VA as appropriate.
    klamsnacks likes this.
  9. klamsnacks

    klamsnacks PEB Forum Regular Member

    Joined:
    Mar 16, 2011
    Messages:
    243
    Trophy Points:
    28
    I think the quoting system got thrown off when 9yr repied to my first comment. I was letting him know his PEBLO was not right, and offering some AFI's his PEBLO could look at. I also was letting him know that if the findings were found fit for duty that appealing that decision, consideration is based on circumstances and to a higher authority, of which he has proper course I believe. Not trying to derail or add mis-info. As always your guidence is definitely sought in these issues and we know you're not always able to weigh in on the topic at that particular time. Just trying to help out!

    Thanks again Jason!

    v/r
    Klam

Share This Page