Asthma and air national guard

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dougcarey568

PEB Forum Regular Member
I was also diagnosed with asthma Nov 9 2009.i Had a FEV of 2.85 wich is 69 % of predicted .I use 4 puffs of Flovent every day and use Ibuteral as a rescue inhalor wich i probaly use once a day.from what i have read on this forum Asthma is a VASRD code 6602 and because i use the inhalors every day the outcome will probaly be TDRL.
I was TDY at FT leonard wood mar-jul 2008 at school and came down with pnemonia and was put on quarters after that i was never the same phisicaly.I spent 5 years in the ARMY and was in a combat support maintenance unit, we ran probaly 5-6 miles for pt and this was never a problem for me.I have always been a runner and never had problems with pt before.
I am in the Air National Guard although i was on active duty title 10 orders (operation Iraqi freedom ) when I was diagnosed with asthma. My profile says that I am not deployable and cannot run more than 0.1 miles I have been told that because of mf AFSC 3E2X concrete and asphalt repair and heavy equipment and am not deployable i WILL be found unfit.even though my commander wrote a letter stating that my asthma has in no way interferrd with my ability to perform my duties (although my asthma has gotten worse since the letter was written)I also recived an atr force acheivment medal for going to Hawaii ans Isreal ih the last year but being non deployable the acheivements dont mean anything.
My PCM called me in her office Dec 2 2009 and told me that my reecords were going to be fast tracked thru the MEB process .The next day she called me and told me that my records could not be fasttracked because of my AFSC.My package (medical records)were sent off to AFPC at Randolph was sent off Dec.9 th 2009 i have been told that it will be April 2010 before we now anything.
I have 14 years in service and my intention was to do 20+ years and retire , although regular retirement is not probably not gonna happen , if the final outcome is TDRL then atleast i will retire medically and acheive my goal of retirement .
I have learned alot from this forum reading the threads of others.I have also learned that you have to learn all you can in order to look out for your best interest because the Air Force aint going to look out for you i have also learned to expect the worst outcome but pray for the best outcome.It sounds like my outcome will be found unfit and at the VASRD code 6602 (the way I understand it ) it says that the daily use of steroids and an FEV of 51%-69% should be rated at a 30% bt the Department of Defence I talked to the VA rep here and was told that the VA and DOD are two seperate entities and the VA usually rates asthma higher than 30 %.
I was diagnosed last week with sleep apnea because of my asthma will this affect the outcome in any way
My questions are:
Since i was on active duty title 10 orders when this happened how happened is the air force to find me fit and the guard bureau to give me the boot
I was told that becuase of my AFSC i could no longer deploy and our unit is supposed to deploy to iraq and i was told i cannot deploy
Since my case could not be fasttracked does this mean my records were sent to the IPEB ?
Do i understand this VASRD code and disabilty ratings correct ?

Thank you
 
Doug,
All I can say is keep on top of the Regulations and try not to get burned. It is totally possible that the IPEB could find you fit and Guard bureau could come back finding you Non-WWD. It happened to me and currently back in the civilian life. Your paper work even though not fast-trac when it was sent to Randolph it should be going there for the IPEB. A PEBLO should have been assigned to you case to answer any questions with your case. As with mine it was sent off April 30 last year and got results back toward the end of August so it took just over 3 months for me. Once I received my results and was happy to see fit for duty I signed off as agreeing with the boards results. This is where it get down right dirty. Because you only have three days to agree with the boards findings. If your agree with a RTD determination your not out of the wood yet cause the all the board paper work and med records get packed up and sent to NGB/SG office to weigh in on your WWD and it takes them about 1 month to do so. The real kicker of it their rule is final and you will be told there appeal process. I spent the majority of my time since last Sept till I was force to admin sep in January trying to fight NGB to either allowing me to be deployable or give me another board as my first AF for 365 fund me fit for duty with no compensable percentage. Check out the link at the bottom to LTC Mike Parker's out rage of the week it explains what has happened to many of us being found fit but unsuitable. Hopefully you get 30% or more from the IPEB so that you can be retired and don't have to deal with all the extra BS. If you have any other questions i have found this site very helpful and people usually respond pretty quick.

If you have any other Q's that are Air Guard let me know and I will try and answer them to the bet of my ability.

Good luck
Rob Ostrander

PEB Forum Home - DES Outrage of the Week # 3 - DoD Uses Fit but Unsuitable Practice to Deny Disability Benefits
 
Thank you for your ressponse Rob,
I hope and pray that everything works out .i expect to hear back any day know ive been on title 10 orders for almost 4 months waiting to hear back from AFPC
I was appoinred a PEBLO but he is very hard to get ahold of .I am sure im gonna get screwed somehow but according the VASROD code 6602 i SHOULD be entitled to 30 % although the PEBLO says the Air Force does not rate asthma according to VASROD that is only for the VA ,do you know if this is true.I was diagnosed with sleep Apnea last week and i never had any problems till the athsma.wich i beeleive started when i was in school at ft leonard wood
I got a bonus wnen i went in and hope i dont have to pay this back !Do you know anything about this?Are you able to draw disability from the VA if you are found fit but still seperated.
Were you in the kansas guard?Were you on active duty when diagnosed ?
I have a million questions about this cause i have a family to think about and i dont want to just be thrown to the curb
 
I was in the Alaska Air Guard and on Title 32 but was overseas when injured so I was title 10. I was burned over 30% of my body and was kept on orders from May 2007 until my discharge Jan 2010 IAW AFI 36-3212. As for the sleep apnea when you say you were diagnosed you have already had your sleep studies and have you been prescribed a CPAP device? If so you can have your case recalled IAW AFI 36-3212 2.6. Recall of Case. If a major change in the diagnosis or in member’s condition is discovered, the referring MTF commander may recall the case for further medical evaluation and new medical board or addendum, as appropriate. The commander sends a report of circumstances and request for recall to AFPC/DPSD.
If AFPC has already ruled on your IPEB you still have the option for special review IAW 36-3212 3.37. Special Review by the IPEB.
3.37.1. When a hospital commander discovers any of the circumstances listed below, he or she sends a report of circumstances (with supporting evidence) and requests special review by the IPEB. If the request meets the criteria for special review, HQ AFPC/DPPD refers the case to the IPEB. The special review may be conducted by the same members who previously considered the case, or different members if one or more of the original board members are unavailable. If, after review, the IPEB revises its findings, it prepares a new AF Form 356 and reprocesses the case. If there is no change, HQ AFPC/DPPD notifies the hospital commander to continue processing the original case and adjusts the time limit for response. The following circumstances may merit a special review:
3.37.1.1. Pertinent medical records or evidence were not sent to the informal PEB.
3.37.1.2. A change in diagnosis that does not require another medical workup or new medical board. (If the change is major, see recall guidelines, paragraph 2.6)
3.37.1.3. Changes in medical status that may change the IPEB's findings and recommended disposition.
3.37.2. If after the IPEB has found a member fit, the hospital commander discovers additional facts or evidence which might meet the criteria for special review by the IPEB, and HQ AFPC/DPPD agrees, HQ AFPC/DPPD will reopen the case. In addition to the report of circumstances and supporting evidence, the PEBLO returns the member's records to HQ AFPC/DPPD.
3.37.2.1. If, upon special review, the IPEB issues an unfit finding and recommends disability separation or retirement, an AF Form 356 will be referred to the evaluee, and the case will proceed in the same manner as other unfit cases.
3.37.2.2. If the IPEB does not change its initial fit finding, they will issue an AF Form 356 and forward it, with the rest of the case file, directly to SAFPC for review.
3.37.2.3. If the SAFPC agrees with the IPEB's fit finding, they will issue a memorandum directing the member's return to duty and return the case file to HQ AFPC/DPPD. The MEB, AF Form 356, and SAFPC memorandum will be placed in the member's out-patient health record.
3.37.2.4. If the SAFPC finds the member unfit, they will issue "revised recommended findings" (RRF) and the case proceeds in the same manner as other unfit cases.
3.37.3. When appropriate, the PEBLO keeps the MPF apprised of the status of any case undergoing special review.

If at all possible try and get it recalled to have the sleep apnea added. I was diagnosed with just this last winter and it is believed it was brought on by inhalation burns. Since my board was already finalized I was not able to have it added. The active duty clinic tried to start a new board and get me put on med hold but being guard the approval authority is NGB/SGP. Ultimately NGB/SGP would not give me a LOD for the sleep apnea and I was still required to admin separate so time is of the essence.
As for the VASRAD rating for asthma I don't know I know the Air Force does base its ratings off of it but a lot of times will be rated lower for the same disability and they only give percentage for things that would affect your ability to do a military job. Although even if they don't give you 30% you still have the option to take it to the Formal board and present your case and try to get the percentage upped. You might be able to find a forum here that might be able to explain the way the AIr Force rates better than I.
As for your Reup bonus I don't think you will have to repay if you are forced to separate. In my case I didn't have to repay mine. You might try talking to your Unit Retention office as they will be able to answer that question for you being that you bonus is part of your reenlistment contract.
As for being able to draw VA Comp the answer is yes. And I would start on the process now. You should have a local Veterans center that has a person that will help you in filing your claim. If you go to your family readiness center they should have the information on who can help you. It is important to have an organization like that help you file as they know the ins and outs of the VA system and will fight to get you the max rating. If you fortunate enough to live in an area that is running the pilot program they can get you filed and you can start getting a check within a month of being separated. I would also see about attending a TAPS/SEPS class as soon as possible as there is no limit on the # of times you attend. I would at least sit through it twice if you unit will allow you to as there is a lot of information that is hard to absorb all of the first time through.

Hopfully this info helps let me know if i can answer anything else for you.

Rob
 
Rob,Sorry to hear about your injuries
Thank you for this information , i will contact my PEBLO monday and have them review my case.
Ii already had the sleep study done and today i went back to the doctor and they are sending the orders for a CPAP machine to tri-care then they are supposed to call me in the next day or two to issue me the machine.
I have been thru a TAPS breifing before (in jan )but i was told by the VA rep that it would be benefical to me to reattend .You are right it is alot of information to absorb
i think my unit is pretty flexable with my situation.
I have been told that the VA cannot begin my claim until they have my records although i have gotten copies if everything that has to do with my asthma and my apnea .
.
 
They are right about the records, so unfortunately you have to wait until they come back from AFPC. I would see if you could get copies before the peblo sends them to NGB/SGP. That way way you could have your own personal copy to make copies for the VA claim. Also try to talk to you PCM about recalling and adding the sleep apnea to current IPEB as both asthma and sleep apnea requiring the use of a cpap are deployability issues.

Good Luck

Rob
 
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